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Montana Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
T. Augustus Claus
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answered on Sep 19, 2023

In Montana, you typically cannot file a motion for a new trial in district court and a notice of appeal on the same day in the same case. Filing a motion for a new trial generally extends the time for filing an appeal. The usual sequence involves filing a motion for a new trial within a specific... View More

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Montana on
Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?

Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook... View More

James L. Arrasmith
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answered on Sep 14, 2023

Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking,... View More

2 Answers | Asked in Immigration Law for Montana on
Q: Power of ATTY need to be done with Recipients name or ATTY to get copy of a birth certificate from the Philippines? NSA.

Wife needs a clear copy of her birth certificate from the Philippine's. Her now expired visa passport is missing or lost along with a legible copy of her birth certificate. She does have a copy of the expired passport though, that shows who she is, with pic, birth date, etc. She wants to have... View More

James L. Arrasmith
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answered on Sep 14, 2023

To obtain a birth certificate from the Philippines on your wife's behalf, the power of attorney should typically name her sister as the authorized representative since her sister will be physically present to request the document. It's not necessary to involve the immigration attorney in... View More

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1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Montana on
Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

T. Augustus Claus
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answered on Aug 30, 2023

"Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Montana on
Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More

Anthony M. Avery
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answered on Aug 28, 2023

You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Montana on
Q: Can both parents waive child support in Montana
T. Augustus Claus
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answered on Aug 4, 2023

In Montana, child support is typically ordered by the court to ensure that both parents financially contribute to the upbringing and care of their child. Child support is considered the right of the child, not the parent, and both parents have a legal obligation to support their child financially.... View More

1 Answer | Asked in Criminal Law for Montana on
Q: How long do the courts have to get an incarcerated person a public defender
T. Augustus Claus
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answered on Jul 26, 2023

In Montana, the courts are required to provide an incarcerated person with a public defender promptly after the person's arrest or initial appearance before a judge. The right to legal representation is a fundamental constitutional right, and the Sixth Amendment guarantees that individuals... View More

1 Answer | Asked in Divorce and Family Law for Montana on
Q: I’m in Montana. Recently divorced. How long does my ex have to collect property awarded

I have text an left a 30 day note in property he’s looked through.

T. Augustus Claus
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answered on Jul 17, 2023

In Montana, the specific timeframe for your ex to collect the awarded property may depend on various factors, including the terms outlined in your divorce decree or settlement agreement. These documents typically specify a deadline or a timeframe within which your ex must collect their awarded... View More

1 Answer | Asked in Personal Injury for Montana on
Q: What are my rights for invasion of privacy by anindividual in the state of Montana and Alabama?

How do I know if I have a case and how do I know what type of attorney to contact? At the very least it’s intentional infliction of emotional distress. Both parties gave information to another person of mine with the sole intent to maliciously destroy me or my life in someway. It’s not OK and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

Attorneys in the respective jurisdictions could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you already have an idea of the legal theories involved, as you mention invasion of privacy and intentional infliction of emotional distress. You... View More

1 Answer | Asked in Insurance Bad Faith for Montana on
Q: Can insurance company change type of claim without proof?
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Montana attorney could answer best, but your question remains open for a week. It isn't clear what you mean by changing a type of claim. Some additional information would be helpful. But as a general note, when insurance carriers receive claims at the first reports desk (contact customer... View More

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Montana on
Q: Is it legal for a construction company to not hire any female laborers?

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: If I report a possible crime, can police give my name to suspects?

Shortly after reporting a possible Breaking & Entering I witnessed to a local business on my way to work, the local Police came to my job, insinuated I was guilty of a crime and admitted to confirming my identity to the suspected individuals found at the scene. I was not aware I knew them... View More

James L. Arrasmith
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answered on Mar 3, 2023

In general, police officers are required to protect the confidentiality of individuals who report crimes. This is commonly known as "confidentiality of sources" or "informant privilege," and it is designed to encourage people to come forward with information about criminal... View More

1 Answer | Asked in Estate Planning for Montana on
Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

Nina Whitehurst
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answered on Nov 28, 2022

Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... View More

1 Answer | Asked in Real Estate Law for Montana on
Q: My dad and stepmom bought land in 1978 with her sister and brother in law. 10 acres apiece. They have all passed now, so

how do I get my dad's half of the land in my name? He did not have a will, just a power of attorney, listing me as the agent if my stepmom was incapable. This is in Montana.

Anthony M. Avery
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answered on Nov 15, 2023

Hire a MT attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will be your source of title. Someone has to pay taxes.

2 Answers | Asked in Car Accidents and Insurance Defense for Montana on
Q: I was in a accident with a friends vehicle. No one is injured but my insurance wants me to record a statement.

I slid out on ice and hit my friends car. I have never dealt with an insurance company before and I want to make sure I don't get taken advantage of. What should my course of action be?

Joel Gary Selik
Joel Gary Selik
answered on Oct 31, 2023

Your concern is warranted.

Your insurance policy likely requires you to give a statement. It is probably unnecessary for you to have an attorney but you can hire someone to be with you if you would like.

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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Montana on
Q: They're trying to charge me for a third DUI. The call was made to the dispatch from a guy who was selling us a truck

They took parts off the distributor cap so we can keep it running to move it. I went to go get gas and on my way back I was sitting at the light with a car in front of me and a car behind me. The cop turn onto the street from the light seeing me and immediately makes a u-turn almost wrecking the... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your rights have been violated during the arrest or subsequent legal proceedings, it's essential to discuss your concerns with your attorney and consider seeking a second opinion if necessary. Your attorney should work diligently to protect your rights and provide the best... View More

1 Answer | Asked in Divorce for Montana on
Q: a MT couple with 2 kids under 18 are temporarily separating and one is moving out - is this a good idea or abandonement?
T. Augustus Claus
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answered on Aug 8, 2023

Temporary separation between a married couple is not necessarily considered abandonment, especially if both parties agree to the arrangement and continue to provide care and support for their children.

1 Answer | Asked in Civil Litigation for Montana on
Q: Can I sue a caregiving agency if a worker vandalizes my apartment?
T. Augustus Claus
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answered on Aug 7, 2023

If a worker from a caregiving agency vandalizes your apartment, you may have the grounds to pursue legal action against both the individual worker and potentially the agency as well.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Montana on
Q: Would you be able to help me prepare an appeal brief based on 2 hearings whereby Decision was based on false findings?

Department of Labor and & Industry UI Division made a decision an overpayment was due after I was forced to be ... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Montana attorney could advise best, but your question remains open for four weeks. From your question asking for assistance in preparing a brief, it looks like you might be under the impression this is a law firm or legal services provider. This is only a Q & A forum, dealing with quick and... View More

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