§ 2-1-15 ESTABLISHMENT.

   (A)   A City Court is established in the city.

   (B)   The elected City Judge shall establish regular sessions of the Court.

   (C)   On judicial days, the Court shall be open for all business, civil and criminal. On non-judicial days, as defined in MCA 3-1-302, the Court may transact criminal business only.

   (D)   Police Court is renamed City Court, and all references to Police Court or Police Judges in this code shall be considered amended to read City Court or City Judge.

(1992 Code, § 5-1-501)

§ 2-1-16 CONCURRENT JURISDICTION.

   (A)   The City Court has concurrent jurisdiction with the Justice’s Court of all misdemeanors and proceedings mentioned and provided for under MCA Title 3, Ch. 10, Part 3.

   (B)   Applications for search warrants and complaints charging the commission of a felony may be filed in the court. When they are filed, the City Judge has the same jurisdiction and responsibility as a Justice of the Peace, including the holding of a preliminary hearing. The City Attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The County Attorney, however, must handle any action after a defendant is bound over to District Court.

(1992 Code, § 5-1-502)

§ 2-1-17 EXCLUSIVE JURISDICTION.

   Except as provided in MCA 3-11-104, the City Court has exclusive jurisdiction of:

   (A)   Proceedings for the violation of an ordinance of the city, both civil and criminal;

   (B)   When the amount of the taxes or assessments sought does not exceed $2,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxes or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action:

      (1)   City purposes;

      (2)   The erection or improvement of public buildings;

      (3)   The laying out, opening or improving of a public street, sidewalk, alley or bridge;

      (4)   The acquisition or improvement of any public grounds; and

      (5)   Public improvements made or ordered by the city within its limits.

   (C)   Actions for the collection of money due to the city or from the city to any person when the amount sought, exclusive of interest and costs, does not exceed $2,500;

   (D)   When the amount claimed, exclusive of costs, does not exceed $2,500, action for:

      (1)   The breach of an official bond given by a city officer;

      (2)   The breach of any contract when the city is a party or is in any way interested;

      (3)   Damages when the city is a party or is in any way interested;

      (4)   The enforcement of forfeited recognizes given to, for the benefit or on behalf of the city; and

      (5)   Collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in divisions (D)(1) through (D)(4) above;

   (E)   Actions for the recovery of personal property belonging to the city when the value of the property, exclusive of the damages for the taking or detention, does not exceed $2,500; and

   (F)   Actions for the collection of a license fee required by an ordinance of the city.

(1992 Code, § 5-1-503)

§ 2-1-18 EXCEPTIONS TO CIVIL JURISDICTION.

   City Courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.

(1992 Code, § 5-1-504)

§ 2-1-19 PROSECUTOR.

   Except as provided in MCA 46-17-203, the City Attorney must prosecute all cases for the violation of any ordinance and prosecute, conduct and control all proceedings in cases mentioned in this chapter, both in the City Court and on appeal from the City Court to the District Court.

(1992 Code, § 5-1-505)

§ 2-1-20 NAMING PLAINTIFF.

   (A)   A criminal action brought for violation of a city ordinance must be brought in the name of the city as the plaintiff and against the accused as the defendant.

   (B)   A criminal action brought for violation of a state law within the city may be brought either in the name of the state as the plaintiff or in the name of the city as the plaintiff and must be brought against the accused as the defendant.

   (C)   A criminal action brought for violation of a state law within the country and within its concurrent jurisdiction with the Justice’s Court must be brought in the name of the state as the plaintiff and against the accused as the defendant.

   (D)   A civil action brought in the City Court must be prosecuted or defended in the same manner as a civil action in Justice’s Courts under the Montana Justice Courts Rules of Civil Procedure, MCA Title 25, Ch. 22.

(1992 Code, § 5-1-506)

§ 2-1-21 CONTEMPT; CITY JUDGE JURISDICTION.

   A City Judge may punish for contempt persons guilty of the following acts and no other:

   (A)   Disorderly, contemptuous or insolent behavior toward the judge while holding the Court tending to interrupt the due course of a trial or other judicial proceeding;

   (B)   A breach of the peace, boisterous conduct or violent disturbance in the presence of the Judge or in the immediate vicinity of the Court held by him or her tending to interrupt the due course of a trial or other judicial proceeding;

   (C)   Disobedience or resistance to the execution of a lawful order or process made or issued by the Judge;

   (D)   Disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness; and

   (E)   Rescuing any person or property in the custody of an officer by virtue of an order or process of the Court.

(1992 Code, § 5-1-507)