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Below are all of the laws that govern the structure of courts that match your search criteria.
39 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Arkansas | Ark. Const. Amend. 80, § 2 | Supreme Court |
(A) The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State at large.(B) The Chief Justice shall be selected for that position in the same manner as the other Justices are selected. During any temporary period of absence or incapacity of the Chief Justice, an acting Chief Justice shall be selected by the Court from among the remaining justices. (C) The concurrence of at least four justices shall be required for a decision in all cases. (D) The Supreme Court shall have: (1) Statewide appellate jurisdiction; (2) Original jurisdiction to issue writs of quo warrantor to all persons holding judicial office, and to officers of political corporations when the question involved is the legal existence of such corporations; (3) Original jurisdiction to answer questions of state law certified by a court of the United States, which may be exercised pursuant to Supreme Court rule; (4) Original jurisdiction to determine sufficiency of state initiative and referendum petitions and proposed constitutional amendments; and (5) Only such other original jurisdiction as provided by this Constitution. (E) The Supreme Court shall have power to issue and determine any and all writs necessary in aid of its jurisdiction and to delegate to its several justices the power to issue such writs. (F) The Supreme Court shall appoint its clerk and reporter. (G) The sessions of the Supreme Court shall be held at such times and places as may be adopted by Supreme Court rule.
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Supreme Court | Jurisdiction of the courts |
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Arkansas | Ark. Const. Art. 7, § 28 | County Courts -- Jurisdiction -- Single Judge Holding Court |
The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The County Court shall be held by one judge, except in cases otherwise herein provided.
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County Court | Jurisdiction of the courts |
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Arkansas | Ark. Const. Art. 7, § 33 | Appeals From County and Common Pleas Courts |
Appeals from all judgments of County Courts or Courts of Common Pleas, when established, may be taken to the Circuit Court under such restrictions and regulations as may be prescribed by law.
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Circuit Court | Jurisdiction of the courts |
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Arkansas | Ark. Const. Amend. 80, § 5 | Court of Appeals |
There shall be a Court of Appeals which may have divisions thereof as established by Supreme Court rule. The Court of Appeals shall have such appellate jurisdiction as the Supreme Court shall by rule determine and shall be subject to the general superintending control of the Supreme Court. Judges of the Court of Appeals shall have the same qualifications as Justices of the Supreme Court.
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Court of Appeals | Creation of the courts |
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Arkansas | Ark. Const. Amend. 80, § 6 | Circuit Courts |
(A) Circuit Courts are established as the trial courts of original jurisdiction of all justiciable matters not otherwise assigned pursuant to this Constitution.(B) Subject to the superintending control of the Supreme Court, the Judges of a Circuit Court may divide that Circuit Court into subject matter divisions, and any Circuit Judge within the Circuit may sit in any division. (C) Circuit Judges may temporarily exchange circuits by joint order. Any Circuit Judge who consents may be assigned to another circuit for temporary service under rules adopted by the Supreme Court. (D) The Circuit Courts shall hold their sessions in each county at such times and places as are, or may be, prescribed by law.
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Circuit Court | Creation of the courts |
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Arkansas | Ark. Const. Amend. 80, § 7 | District Courts |
(A) District Courts are established as the trial courts of limited jurisdiction as to amount and subject matter, subject to the right of appeal to Circuit Courts for a trial de novo.(B) The jurisdictional amount and the subject matter of civil cases that may be heard in the District Courts shall be established by Supreme Court rule. District Courts shall have original jurisdiction, concurrent with Circuit Courts, of misdemeanors, and shall also have such other criminal jurisdiction as may be provided pursuant to Section 10 of this Amendment. (C) There shall be at least one District Court in each county. If there is only one District Court in a county, it shall have county-wide jurisdiction. Fines and penalties received by the district court shall continue to be distributed in the manner provided by current law, unless and until the General Assembly shall establish a new method of distribution. (D) A District Judge may serve in one or more counties. Subject to the superintending control of the Supreme Court, the Judges of a District Court may divide that District Court into subject matter divisions, and any District Judge within the district may sit in any division. (E) District Judges may temporarily exchange districts by joint order. Any District Judge who consents may be assigned to another district for temporary service under rules adopted by the Supreme Court.
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District court | Jurisdiction of the courts |
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Arkansas | Ark. Const. Amend. 80, § 10 | Jurisdiction, Venue, Circuits, Districts and Number of Judges |
The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial circuits and districts and the number of judges for Circuit Courts and District Courts, provided such circuits or districts are comprised of contiguous territories.
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All courts | Jurisdiction of the courts |
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Arkansas | Ark. Const. Art. 8, § 5 | Mandamus to Compel Board of Apportionment to Act |
Original jurisdiction (to be exercised on application of any citizens and taxpayers) is hereby vested in the Supreme Court of the State (a) to compel (by mandamus or otherwise) the board to perform its duties as here directed and (b) to revise any arbitrary action of or abuse of discretion by the board in making such apportionment; provided any such application for revision shall be filed with said Court within 30 days after the filing of the report of apportionment by said board with the Secretary of State; if revised by the court, a certified copy of its judgment shall be by the clerk thereof forthwith transmitted to the Secretary of State, and thereupon be and become a substitute for the apportionment made by the board.
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Supreme Court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-12-104 | Authority of Court |
The Court of Appeals shall have authority to issue any writs, directives, orders, and mandates that are appropriate, and only those that are appropriate, for the determination of cases within its jurisdiction.
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Court of Appeals | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-17-102(a);(c) | Exchange of Jurisdiction by District Court Judges |
(a) District judges may temporarily exchange districts by joint order entered of record in their respective courts. They may hold court for each other for such length of time as may seem practicable and for the best interest of their respective courts. (b) District judges exchanging jurisdictional authority or districts shall have the same power or authority, holding courts for each other, as the district judge for the district in which the court or courts shall be held.
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District court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-19-401 | Jurisdiction in Townships Having a Municipal Court |
a) Justices of the peace in the townships subject to this act shall have original jurisdiction coextensive with the county.(b) The jurisdiction of justices of the peace shall be:(1) Concurrent with the municipal courts and exclusive of the circuit court in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars ($100), excluding interest;(2) Concurrent with the municipal courts and with the circuit court in matters of contract where the amount in controversy does not exceed the sum of three hundred dollars ($300), exclusive of interest;(3) Concurrent with the municipal courts and with the circuit court in suits for the recovery of personal property where the value of the property does not exceed the sum of three hundred dollars ($300);(4) Concurrent with the municipal courts and with the circuit court in all matters of damage to personal property where the amount in controversy does not exceed the sum of one hundred dollars ($100).(c) Justices of the peace in townships subject to this act shall also have jurisdiction to sit as examining courts and commit, discharge, or recognize offenders to the court having jurisdiction for further trial, and to bind persons to keep the peace or for good behavior, and for purposes set out in this section they shall have power to issue all necessary process.
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Justice of the Peace Court | Jurisdiction of the courts |
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Arkansas | Ark. Code Ann. § 16-98-303(a)(1)-(3) | Drug Courts Program Authorized |
(a)(1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.(2) A drug court established under this subchapter shall be approved under § 16-10-139.(3)(A) A drug court program may be preadjudication or postadjudication for an adult offender or a juvenile offender.
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Drug Courts | Creation of the courts |
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Arkansas | A.C.A. § 3-2-301 | Circuit Judges -- Appointment of Temporary Officers and Special Prosecutors |
(a) The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors. (b) (1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her. (2) The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (c) (1) Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law. (2) The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge. (3) The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (d) The temporary appointees in place of the sheriffs and the special prosecutors shall have all of the powers and authorities designated by law in the persons whom they are appointed to succeed.
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Circuit Courts | Jurisdiction of the courts |
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Arkansas | A.C.A. § 16-13-710 | Automated Collection Procedures |
The Administrative Office of the Courts shall have the responsibility to assist circuit courts and district courts in the assessment and collection of fines and the management and reporting of fine revenue.
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State courts | |
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Montana | Mont. Code Ann. § 3-1-101 | The several courts of this state |
The following are courts of justice of this state: (1) the court of impeachment, which is the senate; (2) the supreme court; (3) the district courts; (4) the municipal + See morecourts; (5) the justices' courts; (6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.
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Courts | Creation of the courts |
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Montana | MT Const Art. 7, § 2 | Supreme court jurisdiction |
The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such + See moreother writs as may be provided by law. It has general supervisory control over all other courts. It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation. Supreme court process shall extend to all parts of the state.
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Supreme Court | Jurisdiction of the courts |
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Montana | MT Const Art. 7, § 4 | District court jurisdiction |
The district court has original jurisdiction in all criminal cases amounting to felony and all civil matters and cases at law and in equity. It may issue all writs appropriate + See moreto its jurisdiction. It shall have the power of naturalization and such additional jurisdiction as may be delegated by the laws of the United States or the state of Montana. Its process shall extend to all parts of the state. The district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law. The legislature may provide for direct review by the district court of decisions of administrative agencies. Other courts may have jurisdiction of criminal cases not amounting to felony and such jurisdiction concurrent with that of the district court as may be provided by law.
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District Court | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-5-901 | State assumption of district court expenses |
(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in + See moresubsection (3). These costs include but are not limited to the following: (a) salaries and benefits for: (i) district court judges; (ii) law clerks; (iii) court reporters, as provided in 3-5-601; (iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and (v) other employees of the district court; (b) in criminal cases: (i) fees for transcripts of proceedings, as provided in 3-5-604; (ii) witness fees and necessary expenses, as provided in 46-15-116; (iii) juror fees and necessary expenses; (iv) for a psychiatric examination under 46-14-202, the cost of the examination and other associated expenses, as provided in 46-14-202(4); and (v) for commitment under 46-14-221, the cost of transporting the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate facility of the department of public health and human services and of transporting the defendant back for any proceedings, as provided in 46-14-221(5); (c) except as provided in 47-1-201(5), the district court expenses in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; (d) except as provided in 47-1-201(5), the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence: (i) transcript fees; (ii) witness fees; and (iii) expenses for psychiatric examinations; (e) except as provided in 47-1-201(5), the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody: (i) transcript fees; (ii) witness fees; (iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation; (iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and (v) expenses associated with court-ordered alternative dispute resolution; (f) except as provided in 47-1-201(5), costs of juror and witness fees and witness expenses before a grand jury; (g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a); (h) except as provided in 47-1-201(5), all district court expenses associated with civil jury trials if similar expenses were paid out of the district court fund or the county general fund in any previous year; (i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors; and (j) costs associated with the operation and maintenance of the youth court and youth court division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by other entities identified in Title 41, chapter 5.
(2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost and the office of court administrator shall reimburse the county within 30 days of receipt of a claim.
(3) For the purposes of subsection (1), district court costs paid by the office of court administrator do not include:
(a) costs for clerks of district court and employees and expenses of the offices of the clerks of district court;
(b) costs of providing and maintaining district court office space; or
(c) charges incurred against a county by virtue of any provision of Title 7 or 46.
Credits
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District Court | Creation of the courts |
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Montana | Mont. Code Ann. § 3-6-103; Mont. Code Ann. § 3-6-105; | Jurisdiction |
The municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal + See moreactions and proceedings provided for in 3-11-103. Municipal courts have concurrent jurisdiction with the district court in actions arising under Title 70, chapters 24 through 27. Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court.
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Municipal Courts | Jurisdiction of the courts |
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Montana | Mont. Code Ann. § 3-7-501 | Jurisdiction |
The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through + See morethe water division or water divisions that contain the judicial district wholly or partly. A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201. The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division. The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
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Water Courts | Jurisdiction of the courts |