Montana Court Records
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Lewis and Clark County Court Records
A court record for Lewis and Clark County is any document gathered, received, or kept in the official case file by a court or court clerk concerning a legal procedure. Per §3-1-115, MCA, court records include electronic filings or storage of papers. Court records are also registers of acts, calendars, dockets, indexes, official records of the proceedings, orders, decrees, rulings, and any data contained in a case management system prepared in connection with a legal proceeding by the court by the court clerk.
Are Court Records Public in Lewis and Clark County?
Yes, court records are public in Lewis and Clark County, as per the Montana "right to know" law. A document that has been submitted to the court is open to public view unless the judge has issued an order to the contrary in very specific and uncommon circumstances. State law also dictates that certain court record categories are confidential and only available to law enforcement. Some court records that are exempt from public disclosure include:
- Pre Sentencing investigation reports
- medical and psychological reports that are part of court records
- Juvenile court records
- Supervision records for probationers
- Judges notes
Lewis and Clark County Court Records Search
Below are the options for performing a Lewis and Clark County court record search
- By visiting the Justice of Peace office in person
- Using the Lewis and Clark district clerk's search options
- By using the online records search tool
- Using third-party resources
Lewis and Clark County Courts
The Lewis and Clark County courts system comprises three courts: A district court, a justice court, and a municipal court. The largest court with general authority is the District Court. This court handles most civil cases at law, all felony cases, all probate cases, and some special actions and proceedings. Although there are some minor differences between the municipal and justice courts, they handle misdemeanor cases, civil cases up to $15,000, small claims cases up to $7,000, landlord/tenant conflicts, some juvenile difficulties, etc. Below are the locations of all courts in Lewis and Clark County.
Lewis and Clark County District Court
Lewis and Clark County
316 N. Park Avenue,
Helena MT 59623
Clerk of Justice Court
228 Broadway, Room 102
Helena, Montana, 59601
Helena Municipal Court
406 Fuller Ave Helena MT 59601
Phone: (406) 447-8466
Fax: (406) 447-8265
Lewis and Clark County Criminal Records
Lewis and Clark county criminal records can be obtained from the county sheriff's office or the county justice court. The records department of the Lewis and Clark County Sheriff's Office maintains all criminal records relating to Lewis and Clark county arrests and charges made by the county sheriff's office; persons can gain access to these criminal records by visiting the sheriff's office in person or by sending a request by mail to the office. Any misdemeanor charges that occur in Lewis and Clark County, including traffic and criminal offenses, are handled by the Justice Court, the county's judicial branch. A database of criminal histories linked to county residents is also kept up to date by the justice court.
Justice Court records are public records, and those who are interested might attend the county court to look up criminal records. The cost of conducting the record search is $2.00 per name per year. If the criminal record request is to be mailed, copies of the records will cost $25 per page.
Get Lewis and Clark County Civil Court Records
Interested persons can get Lewis and Clark County civil court records from the county court clerk's office where the case was filed. Jurisdiction over civil cases is shared between all the courts in the county. The district court hears all civil cases that could lead to a judgment against the state of Montana for the payment of money, including those involving significant amounts. The Justice Court handles civil cases as well. The maximum jurisdictional boundaries for justice courts are $12,000.00, and the maximum amount for small claims court cases is $7,000.
Individuals can visit the clerks of the courts to request a search for civil case records. To initiate a records search, the requester must provide the clerk's office with the defendant's name, the respondent's full name, and the case number.
Alternatively, individuals can search for court records remotely using the public access portals for district courts of limited jurisdiction courts.
Lewis and Clark County Marriage Records
Lewis and Clark County marriage records are certified records proving that a marriage occurred within the county. The Lewis and Clark County court clerks issue marriage records. The county clerk's office will search for marriage records and licenses issued in the county using the name of any of the spouses on the record of interest. Individuals can also use the county recorders' online portal to search for marriage indexes for marriages that have been recorded in the county.
Lewis and Clark County Divorce Records
Lewis and Clark's divorce records, including divorce decrees and certificates, can be obtained from the county court where the divorce proceeding took place. According to Montana's public records policy, Lewis and Clark County divorce records are public and can be requested by anyone. Individuals can also request archived divorce records from the Lewis and Clark County Records Department.
Lewis and Clark Birth and Death Records
Interested persons can request Lewis and Clark County birth and death records from the Lewis and Clark County Records Department. Requests can be made in person by visiting the records department or by making a request via mail. For mail requests, interested individuals can complete the birth or death records request form and send it to the following address:
Lewis and Clark County, Records Department
316 North Park Ave. - Room #113
Helena, Montana 59623
The requestor must have this application notarized or present an enlarged, readable photocopy of both sides of their current driver's license or other official identification with their signature.
Lewis and Clark County Probate Court Records
The Lewis and Clark County Probate Court is a judicial section under the county district court. The probate court handles matters relating to the administration of wills and estates, basically resolving a decedent's estate with or without a will. Probate court records are public records under the State Public Records Act unless specific cases are made confidential by a court order. Persons can visit the Lewis and Clark County district court to submit a written request for probate court records. To search for specific records, the requestor will need to provide the decedent's name to staff at the office to search records. Requests for copies and searches can also be sent by email to cdcsearches@lccountymt.gov.
Lewis and Clark County Property Records
Lewis and Clerk property records can be obtained from the county clerks and recorders' office. The recorder's office maintains records of indexes of deeds, mortgages, property sale history, liens on property, and other vital property records. These records can be searched online using the recorder's property documents portal or in person at the recorder's office. Similarly, people can search for property tax records from the Lewis and Clark County property tax department. Individuals can search for records by section, township, range, geocode, subcode, address, parcel number, tax ID number, and property owner's name. The tax department office and recorder office are located at:
Property Tax Department
Lewis & Clark County
316 North Park Avenue, Room 113
Helena, Montana 59623
Recorder's office
316 N Park Ave
Room #113
Helena, MT 59623
Lewis and Clark County Court Records Online
Third-party web resources like montanacourtrecords.us also provide a convenient alternative means to access public Clark County court records. They provide a reliable and user-friendly interface where individuals can search for specific court case records by querying databases using keywords such as case numbers, party names, or dates. Using these resources has been rampant recently due to their remote feature allowing access to court records from anywhere in the world. However, these platforms are run independently of any government organization, so they might provide out-of-date or misleading material. Hence, it is important to check the validity of information from these sites with those from government databases.