The bill establishes a new court in Montana, called the Government Claims Court, which will address civil actions related to state actions, including claims of unconstitutionality, illegality, and asbestos-related issues. The court will be composed of three judges appointed by the governor and confirmed by the senate, serving staggered six-year terms. To qualify, judges must be U.S. citizens, residents of Montana for a specified duration, and possess at least five years of legal practice in the state. The court will operate in Helena and adhere to the Montana Rules of Civil Procedure and Evidence.
In addition to creating the court, the bill amends various sections of the Montana Code Annotated (MCA) to define the court's jurisdiction and procedures. Key insertions include the designation of the Government Claims Court as a court of record and the requirement for it to have a seal. The bill also clarifies the jurisdictional overlap between the Government Claims Court and district courts, ensuring that judgments from the new court hold the same authority as those from district courts. The act is set to take effect on July 1, 2025, and will apply to civil actions filed on or after October 11, 2025, with provisions for severability included.
Statutes affected: LC Text: 2-4-702, 3-1-101, 3-1-102, 3-1-201, 3-5-115, 3-5-302, 3-20-102, 19-5-301