Pursuant to §3-2-402 (a), the Clerk of the Supreme Court is the custodian of all official Supreme Court records. These records are maintained permanently.
Below is a list of the types of records available for review at the office of the Clerk of the Supreme Court:
- Supreme Court Case Records
- District Court File(s) while the case is pending before the Court.
- Transcript from lower court proceedings.
- Administrative File in cases involving state agency appeals
- Supreme Court File containing motions, orders, and general pleadings before the court while the case is on appeal.
- Briefs on Appeal: The appellant’s, Respondent’s, and Appellant’s Reply and Amicus Curiae.
- Opinions and final orders.
- Petitions for Writ filed as original proceedings under Rule 14 M.R.App.P.
- Supreme Court Docket
- The Docket is the official register of actions for every case that has been before the Supreme Court.
- Lawyer Disciplinary Cases
- Formal Complaints filed by the Commission on Practice
- Respondent’s Responses to complaint and recommendations
- Transcript of Hearing
- Commission’s Conclusions & Recommendations
- Final Orders of disciplinary actions entered by the Supreme Court
- Administrative Orders
- Rule Changes of Civil, Criminal, and Appellate Procedure ordered by the Supreme Court.
- Bar Admission rules and orders.
- Establishing and regulating Supreme Court Commissions
- Montana Roll of Attorneys
- Roll of Attorneys Ledgers consisting of the names, signatures, and date of admission of all attorneys admitted to practice in Montana since 1864.
- Attorney Oaths of Admission of all attorneys admitted to practice in Montana since 1864.
ACCESS TO RECORDS:
Once a document is filed by the Clerk of the Montana Supreme Court, it becomes a matter of public record and available for public review, unless it is specifically sealed by order of the Supreme Court. Individuals may view the records at the Office of the Clerk of the Supreme Court, but are not allowed to “check-out” the records for review offsite without first obtaining permission by order of the Supreme Court.
Supreme Court Records dating:
- From the Territorial Period through 1937 have been placed on microfiche and are available at both the Montana Historical Society and the Montana State Law Library.
- From 1938 through 2012 are stored in two offsite locations. In order to retrieve a record from this period, contact the Clerk of the Supreme Court at (406) 444-3858 and allow two days for retrieval.
- From 2013-present are housed onsite in the vault of the Office of the Clerk of the Supreme Court. Individuals can review these records onsite and without prior reservation during regular office hours, 8:00 a.m. to 5:00 p.m..