Montana Laws
129 articles · page 2 of 3
M
Montana Jury Duty Laws: Pay, Age 75 Excuse and Employer Rules
Montana jurors get $12 a day plus mileage, or $25 a day once picked for a case, and people 75 or older may ask to be excused. Employer rules and how to respond.
Montana Knife Laws (2026): Preemption and the Firearm-Only Definition
Montana defines concealed weapon as a firearm, so knives are exempt, plus a direct statewide knife preemption law. See the school and prisoner rules.
Montana Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Montana has no deposit cap; return deadline is 10 days (no deductions) or 30 days. Landlords must give 24 hours' notice to enter. Repair-and-deduct available.
Montana Landlord-Tenant Recording Laws: Camera Rules, Privacy Rights, and Disputes (2026)
Montana landlord-tenant recording laws cover security cameras, hidden cameras in rentals, and tenant privacy rights under MCA 45-5-223 and MCA 45-8-213.
Montana Laws on Recording in Public: First Amendment Rights and Limitations (2026)
Montana public recording laws protect your right to record in public spaces. Learn when audio triggers MCA 45-8-213, public meeting rules, and your rights.
Montana Laws on Recording Police: Your Rights and Legal Protections (2026)
Montana law lets you openly record police doing their jobs: MCA 45-8-213 bans only hidden-device recording without everyone's knowledge, and the Ninth Circuit protects recording police in public.
Montana Lemon Law (2026): How to Qualify & Get a Refund
Montana's lemon law covers new vehicles under 2 years/18,000 miles. Learn the 4-repair-attempt rule, 30-day threshold, usage deduction formula, and how to file.
Montana License Plate Reader Laws (2026)
Montana bars government license plate reader use on highways, with law enforcement exceptions, a 90-day retention limit, and records rules.
Montana Maintenance (Alimony) Laws: How It Works (2026)
Montana calls spousal support "maintenance." Learn how courts apply the two-part threshold test and six statutory factors under MCA 40-4-203 to decide if: and how much: maintenance is awarded.
Montana Manslaughter Laws: Mitigated and Negligent Homicide (2026)
Montana has no manslaughter crime. See mitigated deliberate homicide (2-40 years), negligent homicide (up to 20) and the two DUI vehicular homicide offenses.
Montana Marriage and Divorce Records: Index Only at the State Level
Montana's Office of Vital Records holds only an index of marriages and divorces from 1943. Certified copies come from the Clerk of District Court. Here is how.
Montana Marriage License Requirements 2026: $53 Fee, No Wait
How to get a Montana marriage license in 2026: the $53 statewide fee, no waiting period, 180-day validity, who must appear, age rules and proxy marriage.
Montana Medical Recording Laws: Patient Rights, HIPAA, and Consent Rules (2026)
Montana medical recording laws require all-party knowledge for hidden devices under MCA 45-8-213. Learn patient rights, the warning exception, HIPAA rules, and telehealth recording.
Montana Medical Records Retention Laws (2026 Guide)
Montana medical records retention laws: how long hospitals and doctors keep your records, HIPAA rules, and patient rights.
Montana Minimum Wage 2026: $10.85 an Hour and $4.00 Tier
Montana's minimum wage is $10.85 an hour in 2026, with a $4.00 rate for some small non-FLSA businesses and no tip credit. See the 2027 adjustment rules.
Montana Name Change Laws: How to Legally Change Your Name
How to change your name in Montana: district court petition, the $90 filing fee, 4-week publication rule, and the divorce and marriage rules.
Montana Noise Laws (2026): Disorderly Conduct, Decibels, Nuisance
In Montana, knowingly disturbing the peace with loud or unusual noises is disorderly conduct, with a fine of up to $100. Car exhaust over 95 decibels is unlawful.
Montana Non-Compete Laws (2026): Are Non-Competes Enforceable?
Montana voids full restraints under MCA 28-2-703, limits enforcement when the employer ends the job, and bars non-competes for listed health care providers.
Montana Nursing Home Camera Laws: No Statute, Notice Regime
Montana has no nursing home camera law. See how the state's announcement-based recording rule under MCA 45-8-213 applies, and what facility policy controls.
Montana Open Container Law (2026): Possession Ban Explained
Montana bans possessing an open container in a vehicle's passenger area for drivers and passengers under MCA 61-8-1026, capped at a $100 fine.
Montana Pepper Spray and Stun Gun Laws (2026)
Montana preempts most local weapon rules, but on the statute's broad wording a city may still bar carrying pepper spray or a stun gun into a public building.
Montana Phone Call Recording Laws: Warning Rules, Interstate Calls, and Penalties (2026)
Montana phone call recording laws require a warning before recording under MCA 45-8-213. Learn the rules for personal calls, business calls, and interstate calls.
Montana Police Bodycam Laws (2026): No Statute, Court Fights
Montana has no bodycam statute. Access to footage runs through the state's constitutional right to know and a case-by-case privacy balancing test.
Montana Police Reports: How to Get a Crash Report, Incident Report, or Bodycam Video
How Montana crash reports, incident reports, and bodycam footage work under the Montana Highway Patrol and the Montana Criminal Justice Information Act.
Montana Pornography Laws (2026): No General Obscenity Ban
Montana porn laws for 2026: the harmful-to-minors-only obscenity gap, private-lawsuit-only age verification, CSAM penalties, and revenge porn rules.
Montana Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Montana adopted the Uniform Power of Attorney Act (Mont. Code Ann. 72-31-301 to 72-31-367). A financial POA is durable by default and requires notarization; no witnesses needed. Health care decisions use a separate declaration under Mont. Code Ann. 50-9-103.
Montana Prenuptial Agreement Laws: Requirements and Enforcement
Montana prenups are governed by the Uniform Premarital Agreement Act, MCA 40-2-601 to 610. Learn the signing rules, enforcement defenses and support limits.
Montana Probate and Intestate Succession: What Happens Without a Will (2026)
Learn how Montana probate works under the Uniform Probate Code, who inherits without a will, and the small estate thresholds.
Montana Property Records: How to Find Out Who Owns a Property (2026)
Use Montana Cadastral's free statewide GIS ownership search and county Clerk and Recorder offices to find Montana property records, deeds, and owner lookups.
Montana Punitive Damages Laws: Cap, Proof and State Share (2026)
Montana punitive damages require actual fraud or actual malice by clear and convincing evidence; the cap is generally the lesser of $10 million or 3% of net worth.
Montana Quitclaim Deed: Requirements, Recording and Transfer Forms
How a Montana quitclaim deed works: notary and format rules, homestead spousal signatures, county recording fees and the required Realty Transfer Certificate.
Montana Reckless Driving Laws: Penalties, Points and Speed (2026)
Montana reckless driving (MCA 61-8-301) is a misdemeanor: up to 90 days and a $100 to $500 fine for a first conviction. Points, careless driving and racing.
Montana Recording Laws (2026): Announcement Exception and Penalties
Montana requires all parties know a conversation is being recorded. Any party can satisfy MCA 45-8-213 by announcing audibly. Penalties, exceptions, and 2025 changes explained.
Montana Restraining Order Laws (2026): How to Get an Order of Protection
Learn how to get a Montana Order of Protection: who qualifies, how long it lasts (fixed period or permanent), how to file for free, and the 2023 HB 330 firearm rules.
Montana Right to Know: Public Records Deadlines, Fees, and How to Sue
Montana's constitutional right to examine documents plus the Title 2 chapter 6 rules: the 5 business day acknowledgment, the production clock, and fee caps.
Montana Ring Doorbell Laws: What You Need to Know in 2026
Montana is an all-party consent state with constitutional privacy rights. Learn how MCA 45-8-213 affects Ring doorbell audio, penalties, HOA rules, and more.
Montana Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Montana consumers who buy or lease can sue for their loss or $500, up to 3x if $100,000 or less, but fees cut both ways. Where to report, elder rules, deadlines.
Montana School Recording Laws: Student Privacy, FERPA, and Classroom Rules (2026)
Montana school recording laws require all-party knowledge for hidden devices under MCA 45-8-213. Learn FERPA protections, the warning exception, and student privacy rules.
Montana Security Camera Laws: Home, Business, and Surveillance Rules (2026)
Montana security camera laws for homes and businesses. Learn placement rules, audio restrictions under MCA 45-8-213, and privacy limits under MCA 45-5-223.
Montana Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026)
Montana self-defense laws explained: stand your ground (MCA 45-3-110), castle doctrine (MCA 45-3-103), and when deadly force is justified (MCA 45-3-102). Updated 2026.
Montana Severance Pay Laws (2026): Is Severance Required?
Montana does not require private employers to pay severance and has no private WARN law. See the Wage Payment Act rules and how severance affects unemployment.
Montana Sexting Laws: Legal Consequences and Penalties
Montana sexting laws carry severe felony penalties for minors and adults under MCA § 45-5-625. Learn about charges, penalties, revenge porn law, and defenses.
Montana Slip and Fall Laws: Proving Premises Liability
Montana slip and fall law: uniform duty of care, no open-and-obvious bar, no natural-accumulation rule, 3-year SOL, 51% comparative fault bar. Key rules explained.
Montana Small Claims Court: $7,000 Limit, Fees and How to File
Montana small claims cases are capped at $7,000 under MCA 25-35-502. Learn the lawyer rule, the 10-claim yearly cap, fees, the 10-day appeal and collection.
Montana Small Estate Affidavit: $100,000 Limit, Wait Time and Form
Montana's small estate affidavit works when the probate estate is $100,000 or less after liens, 30 days after death. The court form, vehicle rules and limits.
Montana Smart Glasses Recording Laws (MCA 45-8-213)
Montana requires all parties to have knowledge of audio recordings under MCA 45-8-213. An audible announcement satisfies the notice rule. Learn the full smart glasses law.
Montana Social Security Disability: Rates & Wait Times
Social Security disability in Montana: a narrow SSI supplement for certain living arrangements, automatic Medicaid, approval odds, and hearing wait times.
Montana Squatters Rights and Adverse Possession Laws (2026)
Montana requires 5 years of continuous possession plus payment of all property taxes to claim adverse possession under Mont. Code Ann. § 70-19-411. Learn how the law works and how owners can remove squatters.
Montana Statute of Limitations: Filing Deadlines by Case Type
Montana statute of limitations for civil and criminal cases. Filing deadlines for personal injury, contracts, fraud, property damage, felonies, and misdemeanors.
Montana Surveillance Camera Laws (2026 Guide)
Montana surveillance camera laws: home security, workplace cameras, neighbor disputes, audio recording rules.
Montana Theft Laws: $1,500 Felony Threshold, Penalties and Shoplifting
Montana theft over $1,500 carries up to 10 years, a fine of up to $50,000, or both. See the misdemeanor tier, shoplifting rules and the civil penalty.
Montana Trade Secret Laws: UTSA, Remedies & Deadlines
Montana Uniform Trade Secrets Act (Mont. Code §§ 30-14-401 to 30-14-409): two-part test, 3-year filing deadline, remedies, and the federal DTSA overlay.
Montana Unclaimed Property: How to Search & Claim Your Money (2026)
Montana holds $148 million in unclaimed property, and some small claims now get paid automatically. Learn how to search and claim it for free.
Montana Unemployment Benefits 2026: $805 Max, Weeks, How to File
Montana unemployment pays up to $805 a week for benefit years from July 1, 2026, for 8 to 24 weeks. Eligibility, waiting week, work search and the 10-day appeal.
Montana Video Recording Laws: Consent Rules, Surveillance, and Penalties (2026)
Montana video recording laws cover hidden cameras, surveillance, and audio capture under MCA 45-8-213 and MCA 45-5-223. Learn what is legal and the penalties.
Montana Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)
Montana voyeurism laws under MCA 45-5-223 criminalize secret filming in private settings. Learn about hidden camera laws, penalties, and the 2025 deepfake amendment.
Montana Warrant Search: How to Check If You Have a Warrant (2026)
Find out how to check for an active warrant in Montana through the state's court portal and county sheriffs, and why full coverage isn't guaranteed.
Montana Whistleblower Laws: Protections and How to Report
Learn about Montana whistleblower laws including the WDEA, False Claims Act, and securities whistleblower protections. Filing deadlines, remedies, and how to report.
Montana Will and Trust Laws: Witnesses, Holographic Wills (2026)
A Montana will needs at least two witnesses, but a will whose signature and material portions are in the testator's handwriting is valid without them.
Montana Window Tint Laws (2026): Legal VLT Limits
Montana window tint law: 24% VLT on front windows, 14% on sedan rear windows, no limit for SUVs/vans. Learn the rules, the pre-1991 waiver, and penalties.