Clerk of District Court

The Clerk of District Court is the official keeper of all District Court records for Beaverhead County. These records include Adoption, Civil, Criminal, Dependent Neglect, Domestic Relations, Guardianship, Juvenile, Paternity, Probate and Sanity cases. It is the Clerk of Court’s responsibility to ensure accurate and up-to-date records. The Clerk also issues, files and records all Beaverhead County marriage license applications and licenses.

The majority of all Clerk of Court records are open to the public. Records are searched daily by title companies, credit agencies, investigative agencies and the general public. Searches, copies and certified copies are provided upon request. Fees for searches and copies are charged according to statute.

The Clerk of District Court also serves as Jury Commissioner for Beaverhead County. As required by statute, each year the Secretary of State provides a combined list of registered voters, licensed drivers and holders of Montana ID cards to the Clerk of District Court. This list is stored and maintained electronically and it is from this list that jurors are pulled for the City, Justice and District Court Judges. It is the Clerk’s duty to maintain an accurate listing of all selected jurors and to pull individual jury panels for the District Court Judge upon request.

District Court Rules and District Court Fees

  • labelBeaverhead County Clerk of District Court Email/Fax Filing Policy
    • If there is no time constraint for the document to be filed, please mail original instead of faxing or emailing. Duplicate filings make our files quite cumbersome.
    • Pursuant to 25-1-201, MCA, all incoming documents to be filed are $.50 per page. There is no charge for proposed orders or cover page included with the document.
    • Pursuant to 25-1-201, MCA, all outgoing documents sent via email or fax are $.25 per page. There is no charge for orders to be emailed to you after they are signed by the Court.
    • Conformed copies will be emailed to you if requested and the appropriate fee is paid.
    • All documents will be filed the date the email or fax is received according to the date on the email or the fax. If received on a weekend, the document will be filed the date of the next business day.
    • A scanned copy of your law firm’s check must accompany every filing and promptly be mailed to this office at 2 S. Pacific St #5 Dillon, MT 59725.
    • There will be no pre-paid accounts or “tabs.”
    • In order to avoid numerous duplicate filings, please see Rule 16 of the Montana Uniform District Court Rules.
    • To insure your document(s) is received and timely filed, please send all filings to both canderson4@mt.gov and cmcculloh@mt.gov.
    • If filing by fax, please send to (406) 683-3728.
    • Please email or call (406) 683-3725 if questions.

    * Note: This is the policy of the Beaverhead County Clerk of District Court only. If email/fax filing in another county, please contact that county’s Clerk of District Court’s office for their correct procedure.

  • labelMarriage License Information and Application

    Necessity of License:
    It is against the law to be joined in marriage (by an officiant) without a license issued by a clerk of the district court.

    Who can act as an officiant:
    Any judge of any court, city mayor, minister, pastor, priest, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe. In addition, there are certain other public officials in a few other counties in the state who may be able to.

    Validity of License:
    A marriage license, once issued, is valid for 180 days (about 6 months). It is valid the minute it is issued; THERE IS NO WAITING PERIOD. If at least one of the parties is a Montana resident, it is valid anywhere in the state. If both parties are non-residents, the license may be obtained from the clerk of the district court of the county where the marriage ceremony is to be performed.

    Age of Consent:
    At least 18 for both parties. If one or both is younger than 18, but 16 or older, it is still possible to get a license, but you are required to do much more (see Marriages Involving Minors below). In any case, we may require you to show proof of age and identity (birth certificate and/or picture ID).

    Blood Test:
    The law has previously required that, if under the age of 50, the prospective bride (only) must submit a pre-marital certificate that states either: (a) that she has been given a blood test for rubella immunity and that both parties have been informed of the results or (b) that she is medically incapable of bearing children and is therefore exempt from the requirement for the test. The bride’s doctor may possibly be able to issue the certificate without performing a blood test, depending on whether the medical records allow him/her to do so. A 2007 amendment to the law provides that the parties may waive the requirement for the test, after being provided with rubella immunity information, if they so desire.

    Fees:
    $53.00. This does NOT include the blood test fees, which are paid to the doctor or lab.

    Prior Marriage(s):
    Any applicant who has been married before must show proof of the termination of the prior marriage (either a death certificate or a divorce decree). If the applicant has been married more than once before, it only applies to the immediate past marriage. If the marriage was terminated in this county, local records can be checked; otherwise, you will need to bring copies.

    Appearance of both parties:
    We have to have BOTH parties’ signatures on the application and blood test certificate, if presented, BEFORE we can issue the license.

    Public Record:
    Marriage licenses are public record and we cannot withhold them from the media or anyone else. If you ask us, we will be happy to pass your request for non-publication on to the press, but the decision whether to publish or not is up to the media.

    Forms: We’re happy to provide you with a worksheet, in advance, that shows everything we need to know for all the paperwork. You will save yourselves time and trouble if you take the time to fill it out completely.

    Legal Impediments:
    It is against the law for us AND WE WILL NOT ISSUE A LICENSE TO ANYONE WHO IS: (1) under the age of 16; (2) nearer in kin than second cousin to the prospective spouse; (3) under the influence of any intoxicant at the time of application; (4) had prior marriage license application rejected and the reason for the rejection has not been rectified; or (5) not fully complied with any provision contained on this sheet. Please don’t even try.

    Penalties:
    Misdemeanor and/or felony criminal charges can result from knowingly falsifying information on your application and/or failing to comply with the laws relating to the application. Possible penalties resulting from any criminal conviction can include fines and/or jail time. Aside from criminal liability, you may face serious consequences, legally and otherwise, if you choose not to comply with the spirit and intent of the laws relating to marriage. Please don’t hesitate to ask us if you have any uncertainty. You are assured we will maintain confidentiality and either answer your questions to the best of our ability or refer you to someone who can.

    SPECIAL CIRCUMSTANCES:

    Declaration without solemnization:
    It is possible to declare yourselves legally married without going through a ceremony in Montana. You will still, in effect, have to comply with everything on this sheet, although we will not actually be issuing you a license. Ask us for details.

    Marriage by proxy:
    Montana is one of a very few states that allows a party to a marriage to provide a written proxy if that party is unable to attend the solemnization of the marriage. In other words, you can nominate (in writing) another person to stand in for you at the actual ceremony if you are unable to be present. Again, ask us for details.

    MARRIAGES INVOLVING MINORS:

    Montana law protects minors and imposes additional requirements to ensure that a proposed marriage is in the best interest of an underage party.

    If either party is under sixteen (16) years of age, THERE CANNOT BE A LEGAL MARRIAGE IN MONTANA. If either of the parties is 16 or 17, it is possible to get a marriage license, but you have to fully comply with everything stated above, PLUS THE FOLLOWING:

    Parent or guardian permission:
    You will have to provide written, signed, and notarized permission to the marriage from any parent or legal guardian whose rights haven’t been legally terminated. This may mean contacting an absent parent or guardian.

    Counseling sessions:
    The law requires you to submit a WRITTEN report from a designated counselor, stating that both parties have adequately participated in and completed at least two (2) marriage counseling sessions, at least ten (10) days apart, before we can issue a license.

    Judicial approval:
    After you have done all of the above things, there is one more hurdle. A marriage license may be issued only if the district judge finds that the underage party is capable of assuming the responsibilities of marriage and that marriage will serve the minor’s best interest. Pregnancy alone does not establish that the best interest of the party will be served. So, even in cases where a pregnancy is involved, as well as when not, the district judge, in effect, has to approve of the marriage.

  • labelPro Se/Self-Represented Litigant Information

    State of Montana Court Help Law Program

    Assisting self-represented litigants with access to Montana legal resources and information

    The Court Help Law Program is an initiative of the Montana Supreme Court which assists Montana residents with civil (i.e. non-criminal) legal problems. Assistance is provided without regard to income. Our goal is to give you the information you need to understand your legal rights and responsibilities and help you resolve your legal problems if you do not hire an attorney.

  • labelPassport Information

    Passport Book vs Passport Card:

    Passport Book Passport Card Both
    Geographical Us All Countries Canada, Mexico, Caribbean, Bermuda
    Travel Use
    Land
    Yes
    Sea
    Yes
    Air
    Yes
    Land
    Yes
    Sea
    Yes
    Air
    No
    N/A
    Cost, Over 16 $110 + $25 $30 + $25 $140 + $25
    Cost, Under 16 $80 + $25 $15 + $25 $95 + $25
    Expedited Service $60 Additional $60 Additional $60 Additional

    Photos:

    • Womack’s Printing Place: 126 North Montana, Dillon 59725, (406) 683-4903

    Citizenship Evidence: (you will need one of the following)

    • Old passport
    • Certified copy of birth certificate (birth certificate must have parents’ names and raised seal from issuing state)
    • Original naturalization certificate

    Passport Fees

    PASSPORT BOOK
    (good for traveling to/from all countries)

    • Adults (16 and over)
      • $135 TOTAL (Split Fee, 2 forms of payment needed)
        • $110 (Must be in form of personal check, money order, or cashier’s check. Make checks payable to DEPARTMENT OF STATE.)
        • $25 (Cash accepted for this fee. Make checks payable to PASSPORT AGENT)
    • CHILDREN (15 and under)
      • $105 TOTAL (Split Fee, 2 forms of payment needed)
        • $80 (Must be in form of personal check, money order, or cashier’s check. Make checks payable to DEPARTMENT OF STATE.)
        • $25 (Cash accepted for this fee. Make checks payable to PASSPORT AGENT.)
    • PASSPORT BOOKS can be expedited for an additional $60. Expedite takes 2-3 weeks.

    PASSPORT CARD
    (good for traveling to Canada, Mexico, Caribbean, & Bermuda by LAND and SEA only)

    • ADULTS (16 AND OVER)
      • $55 TOTAL (Split Fee, 2 forms of payment needed)
        • $30 (Must be in form of personal check, money order or cashier’s check. Make checks payable to DEPARTMENT OF STATE.)
        • $25 (Cash accepted for this fee. Make checks payable to PASSPORT AGENT.)
    • CHILDREN (15 and under)
      • $35 TOTAL (Split Fee, 2 forms of payment needed)
        • $15 (Must be in form of personal check, money order, or cashier’s check. Make checks payable to DEPARTMENT OF STATE.)
        • $25 (Cash accepted for this fee. Make checks payable to PASSPORT AGENT.)

    * Note: Separate checks needed for each passport application.


Contact Directory

Name/Title Position Phone Email
Carly Jay Anderson Clerk of District Court (406) 683-3725 Email
Cynthia McCulloh Deputy Clerk of District Court (406) 683-3726 Email

Forms and Documents


Helpful Links

Office Hours

MON - FRI:
8:00 AM - 5:00 PM

Monday
Judge Berger is in Virginia City

Wednesday & every 3rd Thursday of the month
Judge Berger is in Boulder


Phone Number

(406) 683-3725


Fax

(406) 683-3728


Email

canderson4@mt.gov


Address

2 South Pacific Street, Suite 5
Dillon, MT 59725