Montana Public Records

Montana public records are documents a government agency maintains in relation to official public business. The Montana Public Record Act governs public records in the state. The Act mandates all record custodians in the state to grant access to records in their custody when required by members of the public. The custodians are responsible for maintaining public records and are not obligated to provide access to records restricted from disclosure by law. Accessibility to public records promotes transparency and is fundamental to preserving a civil society.

Are Montana Records Public?

Yes, Montana records are public. The Montana Public Records Act (Mont. Code Ann. § 2-6-1003) allows individuals to access, examine, and obtain a copy of a public record from a record custodian in the state. Interested persons can access a record by submitting a public records request.

Some records are prohibited from disclosure and are not readily accessible to the public. The record could be restricted if the need for privacy exceeds a person's right to know. Certain official personnel may have access to confidential records, but in most cases, unauthorized persons will need a court order to access the records. Records or aspects of records that may be restricted from public view include sensitive personal information, trade secrets, ongoing investigation reports, juvenile information, and medical records.

Montana Public Records Act

The Montana Public Records Act was enacted in 1972 to guide the state's public records management. Its primary aim is to ensure public records are always accessible. The Act is usually reviewed and adjusted per time. According to Mont. Code Ann. §2-6-1002, public information is any information held by a public agency concerning the conduct of official business. A public record may be stored in electronic or paper form, and in some cases, both. Public records that are readily accessible to the public include:

Court records and case information
Property records
Arrest records
Birth (30 years and older) and death records
License records
Driving records
Bankruptcy records

How Do I Find Public Records in Montana?

A request can be made for a public record in Montana following the steps below:

Determining the type of record and the appropriate custodian

Identifying the specific public record being requested and determining the relevant custodian is essential. This ensures that requests are not forwarded to an agency that does not hold the record, resulting in futile efforts as the request is rejected. Every public record is maintained by the public agency that generated the record. For example, a court record is generated in a court and is maintained by the court clerk, while vital records are maintained by the Department of Public Health in the city where the event occurred.

Verifying the availability of the record and the means of access

A record can only be accessed if available at the time of the request. To verify a record's availability, the requester must contact the public agency in charge of the record. Many agencies have their contact information like phone number, email, mailing, and physical address on their websites.

Making a request for the record

Montana public record requests may be submitted in person, written, faxed, emailed, or electronically. However, most agencies have a preferred record request method. Inquirers are advised to opt for the recommended method to make the process easier. In addition, inquirers may be required to provide a page, docket, or case number to facilitate the search. For nationwide searches it may be necessary to provide the location of the initial filing.

Paying the associated fees

Obtaining an official copy or inspection of a public record in Montana may cost a fee. Mont. Code Ann. §2-6-1006 governs the payment of fees for a public record request. The amount to be paid generally depends on the type of record, the volume of the record, and the amount of time it will take to search and prepare the record. The fee is communicated to the requester and is to be paid beforehand for the request to be processed.** **

Find Montana Public Records Free

Some public records in Montana are accessible to the public for free. Requesters can inspect and examine a public record for free using the custodian's online portal or by making in-person queries and using any self-service, public access terminals made available by the office. Some examples of government agencies that grant free access to public records include:

The Supreme Court of Montana has a Public Access Portal that can be used to search for court records in any of the state's counties.
The United States Bankruptcy Court has public-access computers at court offices in Billings, Butte, Great Falls, and Missoula. These computers enable the public to access bankruptcy records at no cost.
The Montana Department of Corrections Offender Search grants the public free access to the records of inmates incarcerated in any of the state's correctional facilities.
The Property Record Card portal of the Montana Department of Revenue can be used to access property records in the state.

What Happens if I Am Refused a Public Records Request?

In Montana, a public record request may be rejected by the custodian of the record. Custodians are permitted by the Montana Public Records Act to reject a record request for the following reasons:

The record is confidential
The record does not exist
The agency does not have the required record

Mont. Code Ann.§2-6-1009 mandates a record custodian to provide a written request stating the reason for denial. The requester can file an appeal against the decision with the District Court under Montana's Rules of Civil Procedure if they consider the reason for the denial unsatisfactory. An individual who wins a petition against a public agency in district court for denial of a public record request is entitled to have their legal fees and expenses covered by the custodian's office.

How Long Does It Take to Obtain a Montana Public Record?

Mont. Code Ann.§2-6-1006 states that a response should be granted to a requester within 5 days of receiving the record request if the record asked for is clearly defined and identifiable. If the request is not specific enough, the agency will communicate a timeline to the person to which a response will be provided. Other factors could influence the time a request is responded to, which varies per agency.