Sections
Part 1 Local Government Ordinances, Resolutions, and Initiatives and Referendums § 7-5-101 – § 7-5-140
Part 2 Operation of Consolidated Units of Local Government § 7-5-201
Part 21 Conduct of County Government § 7-5-2101 – § 7-5-2150
Part 23 County Contracts § 7-5-2301 – § 7-5-2316
Part 25 Vacation of Plats § 7-5-2501 – § 7-5-2504
Part 41 Conduct of Municipal Government § 7-5-4101 – § 7-5-4142
Part 42 Municipal Ordinances and Resolutions § 7-5-4201 – § 7-5-4225
Part 43 Municipal Contracts and Franchises § 7-5-4301 – § 7-5-4322
Part 44 Municipal Elections § 7-5-4401 – § 7-5-4410

Terms Used In Montana Code > Title 7 > Chapter 5

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adult: means an individual who is at least 18 years of age. See Montana Code 72-17-102
  • Agency: means a department, agency, or instrumentality of the state of Montana or of a political subdivision of the state, a department, agency, or instrumentality of two or more states or two or more political subdivisions of the state or of two or more states, or a person who has the authority to acquire property by eminent domain as provided in Title 70, chapter 30. See Montana Code 70-31-102
  • Agent: means an individual:

    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Montana Code 72-17-102

  • Airstrip: means improved or unimproved landing areas on private land used by pilots to land, park, take off, unload, load, and taxi aircraft. See Montana Code 70-16-302
  • Allegation: something that someone says happened.
  • Ambulance service: means a person providing ground or air ambulance transport, licensed under 50-6-306, that:

    (a) is in-network with at least two insurers that together provide coverage for at least 25% of health insurance insureds in the state; or

    (b) accepts insurance, including copayments, coinsurance, or deductibles, as payment in full and does not offer memberships under Title 33, chapter 2, part 22. See Montana Code 71-3-1113

  • Anatomical gift: means a donation of all or part of a human body to take effect upon or after death for the purposes of transplantation, therapy, research, or education. See Montana Code 72-17-102
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Montana Code 72-7-102
  • Appointive property: means the property or property interest subject to a power of appointment. See Montana Code 72-7-102
  • Appraisal: means a written statement, independently and impartially prepared by a qualified appraiser, setting forth an opinion of defined value of an adequately described property as of a specified date and supported by the presentation and analysis of relevant market information. See Montana Code 70-31-102
  • Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Montana Code 70-29-402
  • 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.
  • Beneficiary: means a person entitled to insurance benefits. See Montana Code 71-3-1113
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Montana Code 72-6-301
  • Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Montana Code 72-7-102
  • Business: means any lawful activity, except a farm operation, conducted:

    (a) primarily for the purchase, sale, lease, and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

    (b) primarily for the sale of services to the public;

    (c) primarily by a nonprofit organization; or

    (d) solely for the purposes of paying moving or related expenses to assist in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the activities included as a business are conducted. See Montana Code 70-31-102

  • Chambers: A judge's office.
  • chief executive: means the elected executive in a government adopting the commission-manager form, the presiding officer in a government adopting the commission-presiding officer form, the town presiding officer in a government adopting the town meeting form, the commission acting as a body in a government adopting the commission form, or the officer or officers designated in the charter in a government adopting a charter. See Montana Code 7-5-101
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Cleaning expenses: means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting. See Montana Code 70-25-101
  • 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.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Montana Code 70-29-402
  • Commission: means the commission on courts of limited jurisdiction established by the supreme court. See Montana Code 3-1-1501
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Damage: means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold. See Montana Code 70-25-101
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant or fetus. See Montana Code 72-17-102
  • Decedent: A deceased person.
  • Dentist: means a person practicing dentistry as provided in 37-4-101. See Montana Code 71-3-1113
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 72-17-102
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 72-16-1001
  • 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
  • Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Montana Code 70-29-402
  • Determination of value: means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants. See Montana Code 70-29-402
  • Devise: To gift property by will.
  • Direct skip: has the meaning given in section 2612(c), Internal Revenue Code. See Montana Code 72-16-1001
  • Disinterested witness: means a witness other than:

    (i) the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

    (ii) another adult who exhibited special care and concern for the individual. See Montana Code 72-17-102

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displaced person: means :

    (i) any person who moves from real property or moves that person's personal property from real property:

    (A) as a direct result of a written notice of intent to acquire or by the acquisition of the real property, in whole or in part, for a program or project undertaken by a displacing agency for which federal financial assistance will be available to pay all or any part of the cost; or

    (B) on which the person is a residential tenant or conducts a small business, farm operation, or a business defined in subsection (4)(d), as a direct result of rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent and for which federal financial assistance will be available to pay all or any part of the cost;

    (ii) any person who, for purposes of providing moving and related expenses or relocation advisory services only, moves from real property or moves that person's personal property from real property as a direct result of:

    (A) a written notice of intent to acquire or as a direct result of the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or

    (B) the rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent. See Montana Code 70-31-102

  • Document of gift: means any of the following methods used to make an anatomical gift:

    (a) a card;

    (b) a statement attached to or imprinted on a driver's license, identification card, or donor registry;

    (c) a will or other writing; or

    (d) a witnessed oral statement. See Montana Code 72-17-102

  • Donee: The recipient of a gift.
  • Donor: means a person who creates a power of appointment. See Montana Code 72-7-102
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Montana Code 72-17-102
  • Donor: The person who makes a gift.
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Montana Code 72-17-102
  • Dower: A widow
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Enucleator: means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes. See Montana Code 72-17-102
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Montana Code 72-17-102
  • 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.
  • Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing agricultural products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Montana Code 70-31-102
  • Federal financial assistance: means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance. See Montana Code 70-31-102
  • Federal generation-skipping transfer tax: means the tax imposed by section 2601, Internal Revenue Code. See Montana Code 72-16-1001
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • First purchaser: means the first person who under contract purchases oil or gas from an interest owner at or after the time the oil or gas is severed. See Montana Code 71-3-1602
  • Flying of aircraft: means the operation of aircraft, including but not limited to landing, parking, taking off, unloading, loading, and taxiing of aircraft at an airstrip. See Montana Code 70-16-302
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Montana Code 72-7-102
  • Generation-skipping transfer: means the generation-skipping transfer defined in section 2611, Internal Revenue Code, when the original transferor is a resident of Montana on the date of the original transfer or when the property is real or personal property located in Montana. See Montana Code 72-16-1001
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gift-in-default clause: means a clause identifying a taker in default of appointment. See Montana Code 72-7-102
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. See Montana Code 72-17-102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:

    (a) there is no agreement in a record binding all the cotenants that governs the partition of the property;

    (b) one or more of the cotenants acquired title from a relative, whether living or deceased; and

    (c) any of the following applies:

    (i) 20% or more of the interests are held by cotenants who are relatives;

    (ii) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

    (iii) 20% or more of the cotenants are relatives. See Montana Code 70-29-402

  • Hospital: means a facility licensed, accredited, or approved under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state. See Montana Code 72-17-102
  • Identification card: means an identification card issued by the department of justice. See Montana Code 72-17-102
  • Impermissible appointee: means a person who is not a permissible appointee. See Montana Code 72-7-102
  • 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
  • Inhabitable real property: means any real property that includes a building affixed to land. See Montana Code 70-16-702
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instrument: means a writing. See Montana Code 72-7-102
  • Insurance: means a contract through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies. See Montana Code 71-3-1113
  • Insurer: has the meaning of a health insurance issuer provided in 33-22-140. See Montana Code 71-3-1113
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest owner: means a person:

    (a) who owns an entire or a fractional interest of any kind or nature in the oil or gas at the time it is severed; or

    (b) who has a right, either express or implied, to receive a monetary payment determined by the value of the severed oil or gas. See Montana Code 71-3-1602

  • Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Montana Code 72-16-1001
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge: means :

    (a) a municipal court judge;

    (b) a justice of the peace; or

    (c) a city judge. See Montana Code 3-1-1501

  • Judicial record: means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding. See Montana Code 1-1-202
  • Know: means to have actual knowledge. See Montana Code 72-17-102
  • 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
  • Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, irrigation district, drainage district, and persons or entities in control of the property or with an agreement to use or occupy property. See Montana Code 70-16-302
  • Law clerk: Assist judges with research and drafting of opinions.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leasehold: means a tenant's leasehold interest, as defined in 30-2A-103, in property on which the oil or gas well is located. See Montana Code 71-3-1602
  • Leasehold premises: means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant. See Montana Code 70-25-101
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Material: means material, fuel, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include drilling rigs or hoists or their integral component parts except wire lines. See Montana Code 71-3-1001
  • Minor: means an individual who is under 18 years of age. See Montana Code 72-17-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mold: means any mold, fungus, mildew, or spores. See Montana Code 70-16-702
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Montana Code 72-7-102
  • Operator: means any person engaged in the severance of oil or gas on the operator's own behalf, on behalf of the operator and other persons, or on behalf of other persons. See Montana Code 71-3-1602
  • Ophthalmologist: means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye. See Montana Code 72-17-102
  • Organ procurement organization: means a person designated by the secretary of the United States department of health and human services as an organ procurement organization. See Montana Code 72-17-102
  • Original transferor: means any grantor, donor, settlor, or testator who by grant, gift, trust, or will makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Montana Code 72-16-1001
  • Outpatient center for surgical services: means a facility registered as provided in 50-32-314. See Montana Code 71-3-1113
  • Owner: includes a person holding any interest in the legal or equitable title, or both, and purchasers under executory contract. See Montana Code 71-3-1001
  • Parent: means a parent whose parental rights have not been terminated. See Montana Code 72-17-102
  • Part: means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body. See Montana Code 72-17-102
  • Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414. See Montana Code 70-29-402
  • Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Montana Code 70-29-402
  • 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.
  • Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Montana Code 72-7-102
  • Person: means any individual, partnership, corporation, or association. See Montana Code 70-31-102
  • Person: means an individual, a corporation, an organization, or other legal entity. See Montana Code 71-3-1113
  • Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Montana Code 72-7-102
  • Person: means any individual, executor, administrator, agent, trustee, or receiver or an estate, institution, business trust, trust of any other kind, firm, corporation, partnership, cooperative, limited liability company, limited liability partnership, sole proprietorship, government agency, association, or any other group acting as a unit. See Montana Code 71-3-1602
  • Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, limited liability company, public corporation, instrumentality, or any other legal or commercial entity. See Montana Code 72-17-102
  • 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.
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Montana Code 72-7-102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Powerholder: means a person in whom a donor creates a power of appointment. See Montana Code 72-7-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at the relevant time. See Montana Code 72-7-102
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Probate: Proving a will
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Montana Code 72-17-102
  • Property: means land, roads, airstrips, water, watercourses, and private ways. See Montana Code 70-16-302
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See Montana Code 72-17-102
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Purchaser: means a person who under contract purchases oil or gas from a first purchaser. See Montana Code 71-3-1602
  • Quorum: The number of legislators that must be present to do business.
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Montana Code 72-17-102
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Montana Code 72-17-102
  • 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 70-29-402
  • 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 72-17-102
  • Recreational purposes: as used in this part , includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. See Montana Code 70-16-301
  • Refusal: means a record created under 72-17-201 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Montana Code 72-17-102
  • Registering entity: means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Montana Code 72-6-301
  • Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part. See Montana Code 70-29-402
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account. See Montana Code 72-6-301
  • Security account: means :

    (a) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;

    (b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death; or

    (c) an investment management or custody account with a trust company or trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death. See Montana Code 72-6-301

  • Security deposit: means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. See Montana Code 70-25-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • severance: means the taking, extraction, or production from the leasehold of oil or gas in any manner. See Montana Code 71-3-1602
  • Sign: means , with the 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 72-17-102

  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Montana Code 72-7-102
  • State: means a state, territory, or possession 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 72-17-102
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • Summons: Another word for subpoena used by the criminal justice system.
  • surgeon: means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state. See Montana Code 72-17-102
  • Taker in default of appointment: means a person who takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Montana Code 72-7-102
  • Technician: means an individual who is certified by the state board of medical examiners to remove or process a part. See Montana Code 72-17-102
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Montana Code 72-7-102
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Tissue: means a portion of the human body other than an organ, an eye, or blood unless the blood is donated for the purpose of research or education. See Montana Code 72-17-102
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Montana Code 72-17-102
  • 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
  • Usual: means according to usage. See Montana Code 1-1-206
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.