Montana Code > Title 1 > Chapter 1 – General Provisions

		Sections
Part 1	Meaning of Law	§ 1-1-101 – § 1-1-109
Part 2	General Definitions of Terms Used in Code	§ 1-1-201 – § 1-1-232
Part 3	Rules Concerning Time	§ 1-1-301 – § 1-1-307
Part 4	Citizenship	§ 1-1-401 – § 1-1-411
Part 5	State Symbols — Official Designations	§ 1-1-501 – § 1-1-541

Terms Used In Montana Code > Title 1 > Chapter 1 - General Provisions

Acknowledgment: means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record. See Montana Code 1-5-602
Action with taking or damaging implications: means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. See Montana Code 2-10-103
Advisory capacity: means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy. See Montana Code 2-15-102
Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:

(a) the legislature and any branch, committee, or officer thereof;

(b) the judicial branches and any committee or officer thereof;

(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or

(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102
Agency: means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules. See Montana Code 2-5-103
Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government. See Montana Code 2-8-102
Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government. See Montana Code 2-8-301
Agency action: means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, or the equivalent or denial thereof. See Montana Code 2-3-102
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appearing before: means :

(a) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange identification credentials with that individual; or

(b) interacting with another individual by means of communication technology in compliance with this part. See Montana Code 1-5-602
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
breach: means the unauthorized acquisition of computerized data that:

(a) materially compromises the security, confidentiality, or integrity of the personal information maintained by a state agency or by a third party on behalf of a state agency; and

(b) causes or is reasonably believed to cause loss or injury to a person. See Montana Code 2-6-1501
Business: includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. See Montana Code 2-2-102
Certification of fact: means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:

(a) date of birth, death, marriage, or divorce, or that an individual is alive;

(b) name of parent, marital partner, offspring, or sibling;

(c) that an event has occurred; or

(d) any matter authorized by law or rule of this state for certification by a notary public. See Montana Code 1-5-602
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
codes: means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103. See Montana Code 1-11-101
committee: means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule. See Montana Code 2-5-103
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Communication technology: means a real-time, two-way audiovisual electronic device or process that:

(a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

(b) facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

(c) complies with this part and implementing rules. See Montana Code 1-5-602
Compensation: means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another. See Montana Code 2-2-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Confidential information: means information that is accorded confidential status or is prohibited from disclosure as provided by applicable law. See Montana Code 2-6-1002
Consensus: means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition. See Montana Code 2-5-103
Constitutional officer: means the governor, lieutenant governor, attorney general, secretary of state, superintendent of public instruction, or auditor, who are the constitutionally designated and elected officials of the executive branch of government. See Montana Code 2-6-1002
Constitutional officer record: means a public record prepared, owned, used, or retained by a constitutional officer. See Montana Code 2-6-1002
Continuance: Putting off of a hearing ot trial until a later time.
Convener: means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure. See Montana Code 2-5-103
Conviction: A judgement of guilt against a criminal defendant.
Counterclaim: A claim that a defendant makes against a plaintiff.
Credential analysis: means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. See Montana Code 1-5-602
Customary: means according to usage. See Montana Code 1-1-206
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Data: means any information stored on information technology resources. See Montana Code 2-15-102
Department: means a principal functional and administrative entity that:

(a) is created by this chapter within the executive branch of state government;

(b) is one of the 20 principal departments permitted under the constitution; and

(c) includes its units. See Montana Code 2-15-102
Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Donor: The person who makes a gift.
Dynamic knowledge-based authentication assessment: means an identity assessment that is based on a set of questions formulated from public or private data sources that does not contain a question for which the principal provided a prior answer to the entity doing the assessment. See Montana Code 1-5-602
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. See Montana Code 1-5-602
Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
Executive branch agency: means a department, board, commission, office, bureau, or other public authority of the executive branch of state government. See Montana Code 2-6-1002
Executor: A male person named in a will to carry out the decedent
Facilitator: means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. See Montana Code 2-5-103
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal statute: means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments. See Montana Code 2-1-403
Fiduciary: A trustee, executor, or administrator.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fraud: Intentional deception resulting in injury to another.
Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Government act: means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity. See Montana Code 2-11-103
Government entity: means a state agency or a local government unit. See Montana Code 2-11-103
Government entity: means the state and political subdivisions, including but not limited to:

(a) political subdivisions as defined in 2-9-101(5);

(b) the legislature, legislative committees, and legislators acting in their official capacity; and

(c) employees of the state or a political subdivision. See Montana Code 2-9-901
Health care provider: means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 2-9-901
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Historic record: means a public record found by the state archivist to have permanent administrative or historic value to the state. See Montana Code 2-6-1002
Identification credential: means a government-issued record evidencing an individual's identity. See Montana Code 1-5-602
Identity proofing: means a process or service by which a third person provides a notarial officer with a means to verify the identity of a principal by:

(a) a review of personal information from public or proprietary data sources; or

(b) biometric data including but not limited to facial recognition, voice analysis, or fingerprint analysis. See Montana Code 1-5-602
In a representative capacity: means acting as:

(a) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(b) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;

(c) an agent or attorney-in-fact for a principal; or

(d) an authorized representative of another in any other capacity. See Montana Code 1-5-602
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Individual: means a human being. See Montana Code 2-6-1501
Information technology resources: means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data. See Montana Code 2-15-102
Interest: means , with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner. See Montana Code 2-5-103
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Legislative council: means the statutory committee established in 5-11-101. See Montana Code 2-1-403
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local government: means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities. See Montana Code 2-6-1002
Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 2-1-601
Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
Local government records committee: means the committee provided for in 2-6-1201. See Montana Code 2-6-1002
Local government unit: means a city, county, town, unincorporated municipality or village, or special taxing unit or district and any commission, board, bureau, or other office of the unit. See Montana Code 2-11-103
Majority leader: means the leader of the majority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
Majority leader: see Floor Leaders
Majority whip: See Whips.
meeting: means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203, whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power. See Montana Code 2-3-202
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
Oath or affirmation: means a solemn verbal promise by which a person knowingly and willingly attests to the truthfulness of a statement and that is administered by a notarial officer. See Montana Code 1-5-602
official action: means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority. See Montana Code 2-2-102
Official record: means a record or copy of a record attested by the officer or the officer's deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record. See Montana Code 1-5-602
Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See Montana Code 1-5-602
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Oversight: Committee review of the activities of a Federal agency or program.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Performance audit: means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. See Montana Code 2-8-102
Permanent record: means a public record designated for long-term or permanent retention. See Montana Code 2-6-1002
Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 1-5-602
Person: means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character. See Montana Code 2-5-103
Person: means an individual, a partnership, a corporation, an association, or a public organization of any character. See Montana Code 2-6-1501
Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
Personal information: means a first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted:

(i) a social security number;

(ii) a driver's license number, an identification card number issued pursuant to 61-12-501, a tribal identification number or enrollment number, or a similar identification number issued by any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa;

(iii) an account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to a person's financial account;

(iv) medical record information as defined in 33-19-104;

(v) a taxpayer identification number; or

(vi) an identity protection personal identification number issued by the United States internal revenue service. See Montana Code 2-6-1501
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Policy: means a formal or informal rule, order, ordinance, or policy, whether written or unwritten. See Montana Code 2-1-601
Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Principal: means :

(a) an individual whose signature is notarized; or

(b) an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. See Montana Code 1-5-602
Private interest: means an interest held by an individual that is:

(a) an ownership interest in a business;

(b) a creditor interest in an insolvent business;

(c) an employment or prospective employment for which negotiations have begun;

(d) an ownership interest in real property;

(e) a loan or other debtor interest; or

(f) a directorship or officership in a business. See Montana Code 2-2-102
Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
Private sector: means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity. See Montana Code 2-8-301
Privatize: means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state. See Montana Code 2-8-301
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Program: means any legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-102
Program: means a legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-301
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means the executive, legislative, and judicial branches of Montana state government, a political subdivision of the state, a local government, and any agency, department, board, commission, office, bureau, division, or other public authority of the executive, legislative, or judicial branch of the state of Montana. See Montana Code 2-6-1002
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public employee: means :

(a) any temporary or permanent employee of the state;

(b) any temporary or permanent employee of a local government;

(c) a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

(d) a person under contract to the state. See Montana Code 2-2-102
Public health guidance: includes guidance related to covid-19 issued by the following:

(a) the centers for disease control and prevention of the United States department of health and human services;

(b) the centers for medicare and medicaid services of the United States department of health and human services;

(c) the federal occupational safety and health administration;

(d) the office of the governor;

(e) a state agency, including the Montana department of public health and human services; or

(f) a local government, including a local government health department or local government board of health. See Montana Code 2-9-901
Public information: means information prepared, owned, used, or retained by any public agency relating to the transaction of official business, regardless of form, except for confidential information that must be protected against public disclosure under applicable law. See Montana Code 2-6-1002
Public information: has the meaning provided in 2-6-1002. See Montana Code 2-2-102
Public key certificate: means an electronic credential that is used to identify an individual who signed an electronic record with the credential and is issued and managed by a third-party provider utilizing public key infrastructure technology. See Montana Code 1-5-602
Public key infrastructure technology: means a method of enabling a user of an unsecured public network, including the internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority that provides for:

(a) a digital certificate that is able to identify an individual or organization; and

(b) a directory service that is able to store and, if necessary, revoke a digital certificate. See Montana Code 1-5-602
Public officer: means any person who has been elected or appointed as an officer of state or local government. See Montana Code 2-6-1002
Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
Public record: means public information that is:

(a) fixed in any medium and is retrievable in usable form for future reference; and

(b) designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee. See Montana Code 2-6-1002
Quasi-judicial function: means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. See Montana Code 2-15-102
Quorum: The number of legislators that must be present to do business.
Recodify: means to compile, arrange, rearrange, and prepare for publication. See Montana Code 1-11-101
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
Records manager: means an individual designated by a public agency to be responsible for coordinating the efficient and effective management of the agency's public records and information. See Montana Code 2-6-1002
Redaction: means the alteration of personal information contained within data to make all or a significant part of the data unreadable. See Montana Code 2-6-1501
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remote notarization: means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part. See Montana Code 1-5-602
Remote online notarization: means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part. See Montana Code 1-5-602
Remote presentation: means transmission to the notarial officer through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notarial officer to:

(a) identify the individual seeking the notarial officer's services; and

(b) visually review the identity credential and its data; and

(c) perform credential analysis. See Montana Code 1-5-602
Rule: has the meaning provided in 2-4-102. See Montana Code 2-11-103
Rule: means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. See Montana Code 2-3-102
Rule: means an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. See Montana Code 2-5-103
Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Montana Code 1-5-602
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sign: means , with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Montana Code 1-5-602
Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
Signature witnessing: means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer. See Montana Code 1-5-602
Sole control: means at all times being in the direct physical custody of the notarial officer or safeguarded by the notarial officer with a password or other secure means of authentication or access. See Montana Code 1-5-602
Special district: means a unit of local government, authorized by law to perform a single function or a limited number of functions. See Montana Code 2-2-102
Stamping device: means :

(a) a physical device capable of affixing to or embossing on a tangible record an official stamp; or

(b) an electronic device or process capable of attaching to or logically associating an official stamp with an electronic record. See Montana Code 1-5-602
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
State agency: has the meaning provided in 2-4-102(2)(a). See Montana Code 2-11-103
State agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-1-601
State agency: includes :

(i) the state;

(ii) the legislature and its committees;

(iii) all executive departments, boards, commissions, committees, bureaus, and offices;

(iv) the university system; and

(v) all independent commissions and other establishments of the state government. See Montana Code 2-2-102
State agency: means an agency, authority, board, bureau, college, commission, committee, council, department, hospital, institution, office, university, or other instrumentality of the legislative or executive branch of state government. See Montana Code 2-6-1501
State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102. See Montana Code 2-2-102
State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
statement: means the statement required by 2-11-104. See Montana Code 2-11-103
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
Taking or damaging: means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution. See Montana Code 2-10-103
Tamper-evident: means that any change to a record must provide evidence of the change. See Montana Code 1-5-602
Third party: means :

(a) a person with a contractual obligation to perform a function for a state agency; or

(b) a state agency with a contractual or other obligation to perform a function for another state agency. See Montana Code 2-6-1501
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unit: means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter. See Montana Code 2-15-102
Venue: The geographical location in which a case is tried.
Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204