Montana Case Commentaries

Proposed § 3-1-804, MCA: Random, Documented, Proximity-Based Selection of Substitute District Judges (Notice-and-Comment Order)

Date: Apr 20, 2026

Proposed § 3-1-804, MCA: Random, Documented, Proximity-Based Selection of Substitute District Judges (Notice-and-Comment Order) 1. Introduction In re Revised Rules on Substitution of District Judges...

Kalarchik v. State: Article II, Section 4 Treats Transgender Status Discrimination as Sex Discrimination in Identity-Document Amendments (Strict Scrutiny at the Preliminary-Injunction Stage)

Date: Apr 17, 2026

Kalarchik v. State: Article II, Section 4 Treats Transgender Status Discrimination as Sex Discrimination in Identity-Document Amendments (Strict Scrutiny at the Preliminary-Injunction Stage) Court:...

State v. Trombley: Ability-to-Pay Harmonization Validates Mandatory DUI Minimum Fines (If Suspendable), and Probation Cannot Reinstate Suspended Monetary Sanctions

Date: Apr 17, 2026

State v. Trombley: Ability-to-Pay Harmonization Validates Mandatory DUI Minimum Fines (If Suspendable), and Probation Cannot Reinstate Suspended Monetary Sanctions 1. Introduction In State v....

Torgison v. Lincoln County: Preliminary Injunctions in Open-Meeting Cases Must Preserve the Status Quo and Cannot Be Used to Unwind Completed Property Contracts

Date: Apr 17, 2026

Torgison v. Lincoln County: Preliminary Injunctions in Open-Meeting Cases Must Preserve the Status Quo and Cannot Be Used to Unwind Completed Property Contracts 1. Introduction Parties. Daniel W....

Dolan v. Guenther (2026 MT 73) — COSA “Abandon Ditches” Conditions Defeat Implied Easements by Existing Use Absent Reasonable Contemplation at Severance

Date: Apr 9, 2026

COSA “Abandon Ditches” Conditions and Constructive Notice Can Negate the Intent Element for an Implied Easement by Existing Use Dolan v. Guenther, 2026 MT 73 (Mont. Apr. 7, 2026) — Supreme Court of...

Restitution as an Evidentiary Sentencing Issue: Uncontroverted Victim Testimony, Reasonably Certain Deductibles, and Preservation Limits

Date: Apr 8, 2026

Restitution as an Evidentiary Sentencing Issue: Uncontroverted Victim Testimony, Reasonably Certain Deductibles, and Preservation Limits Introduction In City of Helena v. Ittner (Mont. Sup. Ct. 2026...

Equal Protection Requires Parity Between Abortion-Clinic and Miscarriage-Care Regulation When Procedures Are Identical

Date: Apr 4, 2026

Equal Protection Requires Parity Between Abortion-Clinic and Miscarriage-Care Regulation When Procedures Are Identical 1. Introduction All Families Healthcare; Blue Mountain Clinic; and Helen Weems,...

Mandatory Minimum Fines and Ability-to-Pay: Courts Must Impose the Statutory Minimum but Suspend It to the Extent of Inability

Date: Apr 4, 2026

Mandatory Minimum Fines and Ability-to-Pay: Courts Must Impose the Statutory Minimum but Suspend It to the Extent of Inability 1. Introduction City of Whitefish v. T. Curran (Mont. 2026 MT 65)...

D’Hooge v. Cincinnati Ins. Co. (2026 MT 63): Pre-2023 § 33-18-242, MCA, Does Not Limit Third-Party Claimants to Bad-Faith Theories

Date: Apr 4, 2026

D’Hooge v. Cincinnati Ins. Co. (2026 MT 63): Pre-2023 § 33-18-242, MCA, Does Not Limit Third-Party Claimants to Bad-Faith Theories Introduction In D’Hooge v. Cincinnati Insurance Company, the Montana...

Probate Courts May Restrain a Personal Representative Under § 72-3-617, MCA, Without Converting Informal Probate or Applying Title 27 Injunction/Bond Requirements

Date: Apr 4, 2026

Probate Courts May Restrain a Personal Representative Under § 72-3-617, MCA, Without Converting Informal Probate or Applying Title 27 Injunction/Bond Requirements Introduction Estate of Sean Edward...

Supervised Parenting Time in Montana Dissolutions: No “Actual Harm” Finding Required Under § 40-4-219, and “De Facto” Emotional-Impairment Findings Suffice Under § 40-4-218(2)

Date: Apr 4, 2026

Supervised Parenting Time in Montana Dissolutions: No “Actual Harm” Finding Required Under § 40-4-219, and “De Facto” Emotional-Impairment Findings Suffice Under § 40-4-218(2) Introduction In re the...

Lowry v. State Electrical Board: Interpreter-Request Error Warrants Relief Only on Preserved Claims and a Showing of Substantial Prejudice Under MAPA

Date: Apr 4, 2026

Lowry v. State Electrical Board: Interpreter-Request Error Warrants Relief Only on Preserved Claims and a Showing of Substantial Prejudice Under MAPA Introduction In Lowry v. State, 2026 MT 71N...

Sham “Transfer” of Inherited Real Property May Be Treated as Marital for Equitable Apportionment; Maintenance Denied Absent Proof of Statutory Need

Date: Apr 4, 2026

Sham “Transfer” of Inherited Real Property May Be Treated as Marital for Equitable Apportionment; Maintenance Denied Absent Proof of Statutory Need 1. Introduction Marriage of Barrett (2026 MT 70N)...

Reaffirming Trial-Court Discretion: Orders of Protection, Courtroom Control, and Best-Interest Parenting Plans Under § 40-4-212, MCA

Date: Apr 4, 2026

Reaffirming Trial-Court Discretion: Orders of Protection, Courtroom Control, and Best-Interest Parenting Plans Under § 40-4-212, MCA Introduction In re the Marriage of Snelson and Baez, 2026 MT 69N...

Matter of T.J.M.: Detention-Center Clinician May Serve as “Friend of Respondent” Absent Showing of Conflict; Technical Timing of Appointment Will Not Defeat Waiver

Date: Apr 4, 2026

Matter of T.J.M.: Detention-Center Clinician May Serve as “Friend of Respondent” Absent Showing of Conflict; Technical Timing of Appointment Will Not Defeat Waiver Introduction Matter of T.J.M....

Executed Oral Modification of Parenting-Plan Child Support Can Bar Arrears After a Long-Term Custody Shift (Marriage of Nevin, 2026 MT 62N)

Date: Mar 27, 2026

Executed Oral Modification of Parenting-Plan Child Support Can Bar Arrears After a Long-Term Custody Shift (In re the Marriage of Nevin, 2026 MT 62N) Nonprecedential status: The Court issued a...

State v. Pratt (2026 MT 58): Charging-Statute Controls—No Retroactive Prosecution Under Post‑2007 SVORA for Pre‑2007 Convictions

Date: Mar 27, 2026

Charging-Statute Controls: Montana Bars Retroactive Prosecution Under Post‑2007 SVORA When the Information Pleads Only the Current Act 1. Introduction In State v. Pratt, 2026 MT 58, the Montana...

Revocation Limits in Montana: Courts May Revoke Only Suspended/Deferred Time—Not the Probationary Remainder of a Custodial Sentence

Date: Mar 27, 2026

Revocation Limits in Montana: Courts May Revoke Only Suspended/Deferred Time—Not the Probationary Remainder of a Custodial Sentence Case: State v. Sanchez, 2026 MT 61 (Mont. Mar. 24, 2026) | Court:...

Roaring Lion Ranch v. YC Properties: Limits on Rule 12(d) Conversion When a Court References the Underlying Proceeding

Date: Mar 26, 2026

Roaring Lion Ranch v. YC Properties: Rule 12(d) Conversion Is Unnecessary (and Prejudicial) When the Court Only References the Underlying Proceeding Supreme Court of Montana — 2026 MT 60 (DA 25-0331)...

State v. Trombley: “Lawful Excuse” in Montana Bail Jumping Functions as an Affirmative Defense; the State Need Not Plead Its Absence

Date: Mar 26, 2026

State v. Trombley: “Lawful Excuse” in Montana Bail Jumping Functions as an Affirmative Defense; the State Need Not Plead Its Absence 1. Introduction In State v. Trombley, 2026 MT 59, the Montana...

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