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1. Can the court clerk help me fill out the forms?

No.

2. How long is my Writ of Execution good?

120 days. Upon expiration, you may file a new extension.

3. When I file my complaint should I include the filing fee and service fee amount in my complaint?

If you win your case, your court costs will be included in the judgment.

4. How much do I have to pay when filing my first appearance in a complaint?

There is a $30 appearance fee per defendant required upon filing your first document in a case.

5. Do I need to respond to a counterclaim?

A written response to a counterclaim must be filed to prevent a default judgment on the counterclaim.

6. How long do I have to collect on a judgment?

Judgments are valid for 10 years from the date of issue.  If at the end of 10 years there is still a balance owing, you may file a new complaint about the balance.

7. Can the court assign me an attorney to help me?

No. There are no court-appointed attorneys in civil actions. If you qualify, you can contact Montana Legal Services by calling the helpline at 800-666-6899.

8. Once I get all of my money, what do I do?

If you had a judgment, you must file a Satisfaction of Judgment. If you settled before you received a judgment, you must file a Notice of Dismissal with prejudice. The original of these documents must be filed with the court, and you must send a copy to the other party by mail.

9. What happens after I file an answer?

The court will set the matter for trial. Parties will be notified of the date by mail. All parties are responsible for keeping the court informed of their up-to-date contact information.

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1. Has anyone tested positive for COVID-19 in Montana?

To date, there are confirmed cases of 2019 novel coronavirus in Big Horn County. This is a rapidly evolving situation. If you have questions about what is happening in Big Horn County, how the virus is spread, and what to do if you have symptoms, you can reach us by calling 406-548-0123.

2. What is health department doing to prepare for the COVID-19 disease?

Incident command has been initiated in Big Horn County. The health department has been meeting regularly with community stakeholders to assist in the coordination of screening, diagnosis, and follow-up for the residents of Big Horn County. We have been in close contact with the city, county and state officials, and local businesses in an attempt to help mitigate to effect COVID-19 has on our community. The department has also hired additional staff for communications and response needs.

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1. How can I prevent myself and others from getting it?

There is currently no vaccine to prevent COVID-19. The best way to prevent illness is to avoid being exposed to the virus. The measures that you take to prevent exposure to COVID-19 are the same precautions people take for seasonal influenza. Take steps to protect yourself and others (taken from CDC COVID-19 Protect Yourself)

1. Clean your hands often
   • Wash your hands often with soap and water for at least 20 seconds especially after you have been in a public place, or after blowing your nose, coughing, or sneezing.
   • If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry.
   • Avoid touching your eyes, nose, and mouth with unwashed hands.
2. Avoid close contact (called social distancing)
   • Avoid close contact with people who are sick
   • Put distance between yourself and other people if COVID-19 is spreading in your community. This is especially important for people who are at higher risk of getting very sick.
3. Stay home if you're sick
   • Stay home if you are sick, except to get medical care.
4. Cover coughs and sneezes
   • Cover your mouth and nose with a tissue when you cough or sneeze or use the inside of your elbow.
   • Throw used tissues in the trash.
   • Immediately wash your hands with soap and water for at least 20 seconds. If soap and water are not readily available, clean your hands with a hand sanitizer that contains at least 60% alcohol.
5. If you need to leave the house for medical care and you are sick, wear a facemask.
   • If you are sick: You should wear a facemask when you are around other people (e.g., sharing a room or vehicle) and before you enter a healthcare provider's office. If you are not able to wear a facemask (for example, because it causes trouble breathing), then you should do your best to cover your coughs and sneezes, and people who are caring for you should wear a facemask if they enter your room.
   • If you are not sick: You do not need to wear a facemask unless you are caring for someone who is sick (and they are not able to wear a facemask). Facemasks may be in short supply and they should be saved for caregivers.
6. Clean and disinfect
   • Clean AND disinfect frequently touched surfaces daily. This includes tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, and sinks.
   • If surfaces are dirty, clean them. Use detergent or soap and water prior to disinfection.
     • To disinfect: Most common EPA-registered household disinfectants will work. Use disinfectants appropriate for the surface. Options include:
       • Diluting your household bleach. To make a bleach solution, mix:
         • 5 tablespoons (1/3rd cup) bleach per gallon of water, OR
         • 4 teaspoons bleach per quart of water
   • Follow manufacturer's instructions for application and proper ventilation. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted.
     • Alcohol solutions.
       • Ensure solution has at least 60% alcohol.
   • Other common EPA-registered household disinfectants.
     • Products with EPA-approved emerging viral pathogens icon claims are expected to be effective against COVID-19 based on data for harder to kill viruses. Follow the manufacturer's instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.).

2. Can wearing a mask protect me from getting COVID-19?

• If you are sick:  You should wear a facemask when you are around other people (e.g., sharing a room or vehicle) and before you enter a healthcare provider’s office. People who are caring for you should wear a facemask if they enter your room.
• If you are not sick: You do not need to wear a facemask unless you are caring for someone who is sick (and they are not able to wear a facemask). Facemasks may be in short supply and they should be saved for caregivers

3. Should I make homemade sanitizer?

No. There is a lot of misleading information about making homemade hand sanitizer. Some of the recipes do not provide a high enough percentage of alcohol to be effective, while others do not take into account skin protection. Proper handwashing is still the best preventive tool. Hand sanitizers do not clean hands, and the dirtier your hands are, the less effective the hand sanitizer may be. Hand sanitizers can also be harsh on your hands, especially when made incorrectly, leading to hands that burn with subsequent hand sanitizer use. Until better guidance is provided by CDC, make hand washing the priority or use commercially-made hand sanitizer.

4. Are household cleaners and disinfectants effective against COVID-19?

Current information from the WHO and the CDC indicates that many standard household disinfectants are effective. The CDC recommends looking on disinfectants and seeing if they can "kill" SARS-like or CoV-2. It is believed that a 60% alcohol or a bleach solution of 1/3 cups per gallon of water or 4 teaspoon per quart of water will work. The bleach solution should be changed daily.

5. Should I avoid public spaces?

If you are sick, please stay home and avoid public spaces. If you are well, you should assess your own risk and practice proper precautions including social distancing. If you are over 60 years of age or have underlying health conditions, you will be at elevated risk and are encouraged to limit exposure.

6. What does isolation and quarantine mean, and when will that happen?

Quarantine is the term used for people who may have been exposed to the disease and have not yet developed symptoms. Isolation serves the same purpose as quarantine. Isolation is the term used for people diagnosed with the disease who need to limit their contact. It keeps people infected with COVID-19 away from healthy people to prevent the sickness from spreading. The health department will continue to monitor our community for cases and follow the guidance from other agencies regarding isolation and quarantine.

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1. When can I see the judge?

Justice Court has appearances Monday through Friday at 9 am The issuing agency will write an appearance date on your ticket 10 days from when you were issued the ticket.'

Once all walk-in appearances are done, the court then begins arraignments for those in the custody of the Big Horn County Detention Facility

We are closed on all major holidays.

2. What happens when I see the judge?

Some offenses are mandatory appearances before the judge. The judge will ask you to enter a plea. If you plead guilty, the judge will sentence you. You must explain to the judge why you are guilty. A guilty plea will not be accepted by the judge if your explanations do not support the guilty plea.

If you plead not guilty your case will be set for trial. The judge will advise you of your hearing dates. Non-Jury and jury trials are set about 4 months from your appearance. A no-contest plea can only be entered with the approval of the prosecution and the judge.

3. What is the difference between a jury and a non-jury trial?

A jury trial in Justice Court consists of 6 residents of the county randomly selected. All 6 jurors must agree if you are guilty or not guilty. Upon conviction, court may assess jury costs and witness fees.

A non-jury is before the judge. The judge determines whether you are guilty or not guilty.

In both a jury and a non-jury trial, the verdict must be based upon a finding of guilty beyond a reasonable doubt.

4. What is an omnibus hearing?

A pretrial between the prosecutor and defendant to discuss and consider matters related to the discovery of evidence procedure and pre-trial motions. Settlement of the case can be considered by the parties at the omnibus hearing.

5. How do I get a public defender?

If the charge you are faced with meets certain criteria, you may be appointed a public defender by the Office of the State Public Defender. When you appear in front of the judge and enter a not guilty plea, the judge will ask if you would like to apply for a public defender.

You may be required to pay for your representation by the public defender's office.

6. Can I get my ticket deferred?

After the entry of a guilty plea or verdict, you may require a deferred sentence. You cannot condition a guilty plea upon receiving a deferred sentence. The granting of a deferred sentence is at the discretion of the judge. The judge will take into consideration: the offense you are charged with, driving history, whether or not the citation was the result of an accident involving damage to property or injury to a person, whether you have received a deferred sentence in the past. If you have a CDL (Commercial Driver License) a deferred sentence may not be granted.

7. How will this ticket affect my insurance?

Insurance companies have access to your driving record and make their own decisions on how traffic offenses will affect your rates. We have no input or control on what insurance companies will do.

8. What is the ACT (aka Prime for Life) program?

Assessment, Course, and Treatment (ACT).  It is a state-approved program required by Montana law for those convicted of Driving Under the Influence (DUI or DUI per se).

9. How do I get a probationary driver’s license?

A first offense DUI or Per Se offender must have the approval of the court, be enrolled in ACT, and have a valid Montana driver license. You are required to pay a $200 reinstatement fee to the Records and Driver Control Bureau.

A person with 2 or more DUI offenses must wait 45/90 days respectively, have the court's approval, and apply directly to the Records and Driver Control Bureau. In addition to other strict conditions, the person is required to be in compliance with the court order and complete alcohol and drug treatment.

Contact Records and Driver Bureau for more information.

Records and Driver Control Bureau
303 North Roberts
Helena, MT 59601
Phone: 406-444-3289

10. My license is suspended. Can I get a work permit?

A person who is suspended for failure to appear, failure to pay fines, or failure to comply with the sentence is unable to get a work permit. You will need to contact the court that requested your driving privileges be suspended. If you aren't sure, call 406-444-3289

11. Why did the judge suspend my driver’s license?

When the court sent a Fail to Pay, Fail to Appear, or Fail to Comply Notice for not making a payment on time, not appearing in court, or not complying with a requirement of your sentence, the notice warns of pending suspension if you do not pay your fine or see the judge by a prescribed date. The warning states, "All delinquent payments (etc.) must be made immediately or a warrant of arrest may be issued and your driver's license will be suspended." If you are suspended, you will be required to pay a $100 reinstatement fee to the Records and Driver Control Bureau before reinstatement.

12. Justice Court Contact Information

Big Horn Country Justice Court
P.O. Box 908
Hardin, MT 59034

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1. Where do you find the names of bondsman?

Look in the yellow pages of the phone book under bonds or insurance.

2. When is an inmate going to be transported?

This information is confidential and will not be released.

3. What items may be brought or sent in to an inmate?

List of Items Approved for Detainees (PDF)

4. Can you pass this message back to an inmate?

No messages are passed to inmates unless they are verifiable emergencies. Ex: death in the family, emergency surgery.

5. Where do I pay the fine or post the bond?

Fines and Bonds are taken care of at the courts in which the offense took place during regular business hours. After hours a fine or bond may be taken care of at the Detention Facility. Out of county bonds may be posted at the Detention Facility anytime. People who are out of town and wanting to post a bond for someone being held at the Detention Facility may go to the closest Sheriff's Office or Police Station to post a bond or fine in their area.

6. How do I send a letter into an inmate?

Address the letter with the inmate's full name, to the Detention Center's address:

Inmate Name
c/o Detention 
Box 908
Hardin MT, 59034

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1. Can I keep my address confidential?

Yes, except for the court and law enforcement.

2. Will I see the judge when I file?

The judge will review your petition. The judge may require you to appear before granting a Temporary Order of Protection. If granted, the judge will issue a Temporary Order of Protection, and a date will be set for a hearing on the petition within 20 days. At the hearing, all parties will have an opportunity to be heard by the judge. The judge may grant the petition of an Order of Protection for a specific time period or deny it.

3. Can I file a petition for an Order of Protection to protect my property?

No. However, an Order of Protection may contain a provision that your property can not be destroyed.

4. How much does an Order of Protection Cost?

There is no cost that you are required to pay.

5. When does my Temporary Order of Protection go into effect?

Immediately upon issuance. The Temporary Order of Protection remains in effect until the hearing on the petition.

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1. What is the Coronavirus Disease?

The coronavirus disease (COVID-19) is a new respiratory disease that can spread from person-to-person. It was first identified in Wuhan, China. The virus that causes the disease, COVID-19, has been named SARS CoV 2.

2. Why is the disease being called Coronavirus disease 2019, COVID-19?

There are many types of human coronaviruses. Four kinds of coronavirus circulate on a seasonal basis causing common cold symptoms. COVID-19 is a new disease caused by a new (or novel) coronavirus (SARS CoV 2) that has not previously been seen in humans. The name of this disease was selected following the World Health Organization (WHO) best practices for naming new human infectious diseases.

3. How does it spread?

Taken from CDC COVID-19 COVID-19 is thought to spread mainly from person-to-person. Transmission is thought to occur the following ways:

• Between people who are in close contact with one another (within about 6 feet).
• Through respiratory droplets produced when an infected person coughs or sneezes. These droplets can land in the mouths or noses of people who are nearby or possibly inhaled into the lungs.
• It may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes. This is not thought to be the main way the virus spreads.

4. What are the symptoms?

Symptoms range from mild to severe and show 2 to 14 days after exposure. The most common symptoms are fever greater than 100.4 Fahrenheit, dry cough, muscle aches and fatigue, and shortness of breath.

5. Can someone spread the virus without being sick?

• People are thought to be most contagious when they are most symptomatic (the sickest).
• Some spread might be possible before people show symptoms; there have been reports of this occurring with this new coronavirus, but this is not thought to be the main way the virus spreads.

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1. I have recently traveled. Do I need to get tested or call the health department?

At the present time, you do not need to be tested unless you meet the criteria for testing. Criteria for travel-related testing: Travel to a Level 3 country in the last 14 days and symptoms.

2. My boss wants me to get tested due to recent travel in the US. Is this recommended by the health department?

No. The test is not designed to screen exposure, but to diagnose illness.

3. Is the health department currently monitoring the health of travelers who have returned from overseas?

The health department is following CDC guidance for people who have traveled to or through countries with travel advisories. People are asked to check in with the health department upon returning and receive guidance on monitoring for symptoms and whether they need to limit movement in the community.

4. Should I suspend my travel plans?

Consider the importance of your trip. You should check the CDC's travel recommendations, keeping in mind that COVID-19 is a rapidly changing situation and that advisories may change during your trip to include your destination or layover locations. When making travel decisions, you not only need to think about the risk of getting COVID-19, but also how your return travel and daily activities may be affected once you get home. If you are in the high-risk group of those over 60 years of age or those with underlying medical conditions, please reconsider all non-essential travel.

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1. What should I do if I think I have it?

If you think you have been exposed to COVID-19 and develop a fever and symptoms, such as cough or difficulty breathing, call your healthcare provider for medical advice. Refer to the CDC's guidance if you are sick with COVID-19 or think you might be.

2. When should someone get tested for COVID-19?

If a person believes they have been exposed to COVID-19 and develop a fever and symptoms, such as cough or difficulty breathing, they should call their healthcare provider for medical advice. Refer to the CDC’s guidance if you are sick with COVID-19 or think you might be.

3. Is there a vaccine or treatment for the COVID-19 disease?

Not at this time. Vaccine research is currently underway.

4. Can I be tested if I have no symptoms?

The test has been designed to diagnose the illness, not to screen for it. The test will not be not accurate unless you have symptoms.

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1. Should I stay home from work, school, or restrict my everyday activities?

If you are sick: Please stay home. If you are well and not at high-risk for COVID: Please practice social distancing, and other COVID precautions, and consider the risk to your health when making decisions. If you are well AND at high-risk for COVID: Please take additional precautions.

• Employment: Work with your employer to see if there are ways to work remotely or if they can provide other accommodation.
• School: Follow the recommendations of the school. Practice preventative measures such as social distancing and hand washing.
• Everyday activities and events: Use your judgment and assess your risk. Use online platforms and methods when possible to conduct personal business. Practice social distancing, proper hand washing, and reconsider attending functions with large groups of people. Stay connected with your friends, family, and neighbors for assistance.

2. What can I do to protect my employees in the workplace?

We encourage you to do the following:

• Review your employee illness policy to ensure that employees can stay home when sick to take care of themselves and prevent spreading illness to coworkers, customers, and clients. Ask employees to stay home if they have coughing, fever, or shortness of breath. If your policy requires a note from a medical professional, we encourage you to temporarily suspend the policy.
• Ensure that employees have a way to wash hands with soap and water at the workplace. Encourage employees to wash their hands frequently throughout the day.
• Increase cleaning and disinfection of shared areas and commonly touched surfaces, including customer areas. Many standard household disinfectants will work. Check to see if they are effective against CoV-2 or SARS-like viruses. There is also a list of EPA-registered disinfectants that will work.
• Think about essential staffing needed to continue operations in case you do have employees who call in sick.
• Think about how you can continue to serve customers and clients using online methods.
• Reconsider all non-essential travel.
• Provide employees, especially those who are high-risk, ways to telecommute or provide other reasonable accommodation.