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Clerk of Court

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1. How Can I Find Out About My Child Support Payment History Or Inquire As To The Most Recent Payment?

A child support payment history may be obtained by sending an inquiry to the Clerk of Court or by calling 406-454-6780.  Payments are processed the day they are received. If you have recently changed your residence or mailing address, be sure to advise the court in writing so your future checks will be mailed accordingly. If you failed to notify us of your new address and you are concerned that a check may have been mailed to an old address, please contact us by phone 406-454-6780.

2. My Child Support Is Not Being Paid. What Can I Do?

1. Complete and file an application for contempt.  The filing cost is nominal and the Cascade County Sheriff’s Office will serve paperwork on the child support payer if her/she resides in Cascade County.
2. Another option is to contact the Child Support Enforcement Division for the State of Montana (CSED) at 1-800-346-5437 to open a case.  CSED will collect child support for you by means of a wage assignment, automatically deducting funds from each paycheck.
3. Seek advice from an attorney licensed to practice law in Montana.

3. What Is The Best Way To Contact The Clerk Of Court With A Question?

You may reach The Clerk of Court’s Office by calling (406)-454-6780 or via email at clerkofcourt.cascade@mt.gov.

4. Can I Pay Supervision And/Or Felony Restitution Fees Here?

Supervision fees and felony restitution fees are paid through State offices in Helena. Their contact information is 800-801-3478. The mailing address is: Dept of Corrections, Collection Unit, PO Box 201350 Helena, MT 59620. The payment must include your name, your Department of Corrections (DOC) ID No.(AO#12345), and the name of your current Probation/Parole/ISP Officer.

Only criminal fines and misdemeanor restitution payments are payable through the Clerk of Court.

5. How Much Do I Owe On My Criminal Fines And Fees?

This office can provide that information by phone at 406-454-6788.

6. How Do I Reach The Local Public Defenders Office?

The Office of Public Defenders in Cascade County may be reached by calling (406) 770-3200 and is located at 615 2nd Ave North, 3rd Floor.

7. Can I Submit My Filing Via Fax Or Email?

No.

8. Can I Submit My Filing Electronically?

No.  (With the exception of the Asbestos Claims Court which requires electronic filing.)

9. Can I Change My Name Or The Name Of My Child?

Yes. You may open a civil name change case with a fee of $120.  A name change packet is available from the Self-Help Law Center located at 13 6th Street South, (406) 205-0347, or from the Forms Section at www.courts.mt.gov/forms. Adults must publish in a newspaper for the statutorily required time but there is no publication requirement for a minor name change if both parents file a consent.

If the names of multiple children in one family are being changed, a separate petition must be filed for each child.  

10. How Do I Become Emancipated?

Documentation is available on-line through the State Law Library at www.courts.mt.gov/forms or through the Self-Help Law Center located at 13 6th Street South, (406) 205-0347.  A completed petition may be filed with the Clerk of District Court along with the required $120 fee.  A hearing must be conducted.

11. How Do I File a Lien On Someone's Property?

Construction and Mechanic’s liens are filed with the Clerk & Recorder.

12. How Do I Contact Great Falls Municipal Court?

City of Great Falls Municipal Court

13. How Do I Contact Cascade County Justice Court?

Cascade County Justice Court

14. How Do I Obtain An Order Of Protection Against Someone?

You may file a petition with a limited court or the District Court; you must file with only the District Court if you have a dissolution matter pending. There is no fee. You may also contact Victim-Witness Assistance Services office for more information.

15. If I Obtain An Order Of Protection Against Someone, Can It Be Removed Or Voided, And If So, How?

Submit a signed letter or pleading to this office requesting the judge to remove the Order and your reason. You will need to provide proof of identification at the Office of the Clerk of Court upon submission of your request.

16. Can You Fax Me Copies Of A Document?

Yes, we can fax or email copies of any public record. A fee of $.25 per page must be paid in advance, however.

17. How Can I Find Out About Arrest Warrants On Myself Or Others?

You must contact the Cascade County Sheriff’s Department for warrant information.

18. Where Can I Get Copies Of Birth Or Death Certificates?

Cascade County Clerk & Recorder’s Office located at 121 4th Street North Suite 1B-1.

19. Where Do I Go To Pay A Traffic Ticket Or Citation?

Traffic tickets and citations are all handled by the courts of limited jurisdiction – Justice Court or Great Falls Municipal Court. The ticket or citation will list the name of the court and/or the name of the Judge

20. Do I Have To Check-In For Court?

Litigants and/or their legal representative must be present in court at or prior to the scheduled date and time. All jurors must check in at the Clerk of Court prior to Juror Orientation.

21. Can I Talk To The Judge?

Any party to a case or one’s legal representative may only have audience with the court at a scheduled hearing or attorney’s conference.

22. How Can I Obtain Copies Of Records - Marriage License, Divorce Decree, Name Change Order, Etc., And What Is The Cost? Can I Have Copies Of Documents Certified By The Court?

You may appear at our office personally, or you can mail your written request to: Clerk of Court, 415 2nd Ave North, Great Falls, MT 59401. You must include a self addressed stamped, return envelope, and a cahiers check or money order made payable to the Clerk of Court. Statutory fees vary depending upon the requested document; most photocopies are $1.00 per page for the first 10 pages and $.50 cents per page thereafter. A copy of a divorce decree is $10 (regardless of length), a copy of a marriage license is $5, and an additional $2 is required for certification of any document.  We do not accept personal checks.  Your copy and a receipt for the exact charge will be returned. Note: Confidential records require court ordered approval to open and provide copies.   Please call to discuss procedure relative to requests for confidential documents (such as adoption matters).  **Document Request Forms may be found in the Copies and Search Request Documents page.

23. I Got Called For Jury Duty But Have A Conflict And Cannot Appear. What Do I Do?

You must complete and submit a juror affidavit requesting an excuse as soon as possible prior to trial (Affidavit For Excusal). The Court will consider your request to be excused and will notify you of the decision prior to trial..

24. I Have Lost My Jury Summons. How Can I Obtain A Copy?

Copies of Summons can be obtained by calling the Clerk of Court at 406-454-6780. Information regarding the current trial settings can be found by clicking this link, Jury.  

25. Who Can Marry Us?

Please review the Montana Codes Annotated, Title 40 – Family Law.

26. Do I Have To Have An Appointment To Get Married By The Justice Of The Peace? How Much Does It Cost?

Yes.  You can contact Justice Court to assist you with making an appointment.  

27. We Are Common Law Married; How Do We File A Declaration Of Marriage?

Please review the Montana Codes Annotated, Title 40 – Family Law 40-1-311. Declaration of marriage without solemnization This section of the codes includes the requirements for drafting a Declaration of Marriage. Parties must complete a marriage application and must pay the required $53.00 fee to the Clerk of Court.

28. We Have Postponed Our Wedding Date And Already Received Our Marriage License. What Happens When The License Expires In 180 Days?

If a license has expired, it is invalid, and the couple must begin the process again by re-applying for another license. A new fee must be paid.

29. If We Did Not Get Married Within Six Months Of Applying For Our License, Is The License Still Valid?

No. Marriage Licenses in Montana expire after 180 days from the issue date. The couple must begin the process again and reapply for another marriage license.

30. We Never Returned Our Marriage License For Recording, Are We Married?

Until the license is filed , no record of your marriage exists, so you would only be considered married by common law – no paper trail.  Please file the original license immediately.  If it has been lost or destroyed, you must file a Declaration of Marriage; a new application process and fee will be required.

31. What Is A Marriage By Proxy?

Marriage by proxy is when one or both parties to a marriage cannot be present at the ceremony.   Section 40-1-301(2), MCA   If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.

32. What Are The Hours For Processing Marriage Applications?

We can issue marriage licenses Monday-Friday from 8:00 to 11:30 a.m. and 1:00 to 4:30 p.m.

33. Where Else Can I Get Information About Passports?

Most questions regarding passports and travel abroad are addressed by the US Passport website http://travel.state.gov

34. What Do I Need To Apply For A Passport?

A passport application, instructions, and information as to documentation requirements can be obtained through the US Department of State http://travel.state.gov

35. What Are Your Hours For Issuing Passport Applications?

We can accommodate passport applicants Monday-Friday from 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. Each application process can take anywhere from 15 minutes to half an hour depending upon documentation available, proper fees, etc.  Appointments are not necessary.

36. Do I Have To Open A Probate Case If My Parent Passes Away? How Do I Close His/Her Bank Account?

If the estate is worth less than $50K we have an affidavit form you may use. The opening of a probate may not be required if the estate does not exceed $50,000.00, but all assets must be held in joint tenancy. Should probating the estate be necessary, the filing fee is $100, and you must either consult a licensed attorney or represent yourself.  The Self-Help Law Center (406-205-0347) may be of assistance in obtaining necessary forms or you may go here,  How to be the Personal Representative for a Small Estate for directions and necessary forms to open a probate in the State of Montana.