Clerk of District Court

Welcome to the Clerk of District Court’s office! This office is responsible for a wide variety of duties and record-keeping for Roosevelt County. 

It is the responsibility of the Clerk of District Court to both protect and provide open access to the records in our possession. Some documents and records are sealed and confidential by law, but most are open for public review. You may find yourself in need of our assistance if you need to obtain a marriage license, review documents regarding a probate filing, obtain a copy of your dissolution decree, or if you find yourself selected for a district court jury panel. These are just a few of the many types of matters handled within our office. Hopefully, this web site will help you on your way to finding the information you need. If you are unable to locate your information, or you need any help at all, please give us a call. We are more than happy to assist you in any way possible. If you have any questions regarding any of the statutes mentioned in this web site, please go to the Links page and click on Montana Law Library for more information. The Clerk of District Court is a sworn public servant who, by constitutional and statutory authority, provides the primary administrative function for the District Court of the 15th Judicial District Court. Since 1919. 

Sincerely,

 Jeri Toavs 

Clerk of District Court & Jury Commissioner 

(406)653-6266


The following has been taken from the Clerk Handbook:

Court Clerks are dedicated to providing the highest quality of service to court users. The following are some examples of what a Clerk can and cannot do in their capacity.

 

They CAN give information, but they CANNOT give legal advice.

They CAN answer general questions about how the court works, but they CANNOT explain judicial decisions, let you speak to the judge outside of the courtroom, or talk with the judge on what will happen on your case.

They CAN give you general information about court rules, terminology, procedures, and practices. They CANNOT advise you as to how the court rules and procedures will be applied to your case.

They CAN provide you with contact information for legal service programs, but they CANNOT refer you to specific lawyers, contact programs, or lawyers for you, or give answers that involve legal advice.

They CAN give you legal definitions, but they CANNOT give you legal interpretations.

They CAN give procedural definitions but CANNOT give procedural advice.

They CAN give you cites of statutes, court rules, and ordinances but they CANNOT complete research of statutes, court rules and ordinances.

They CAN give you public case information, but they CANNOT give you confidential case information.

They CAN give you forms and instructions on how to complete them, but they CANNOT fill out forms for a party, except for persons with disabilities.

They CAN review your form by checking for signatures, notarization, correct county name, and case number but they CANNOT correct forms for you or tell you what corrections should be made.

They CAN usually answer general questions about court deadlines but CANNOT change an order issued by a judge.

Court Clerks do not know all the answers to all questions about court rules, procedures, and practices. If the Clerk does not know the answer to a particular question, or is unable to provide an answer, you will be directed to talk with an attorney.

Searches

There is a statutory search fee of $2 per name per year for the first seven years, and $1 per name for each additional year. We are unable to do searches over the telephone, as the search fee must be pre-paid. We do not have a public computer terminal however we do have a card file for all records in the Clerk of District Court’s Office. 

If you need information in a case, please have your case number ready when you call otherwise we will have to charge a search fee. 

Photocopies

The statutory fee for photocopies is as follows: 

Copy of Decree of Dissolution: $10 

Copy of Marriage License: $5 

General Copies: $1 per page for the first ten pages, $.50 per page for additional pages 

Certification: $2 (in addition to above copy fees) 

Authentication: $6 (in addition to above copy fees) 

Copy fees are also required in advance. 

Search/Copy Requests

If you need to request information from a file or copies of filed documents, you may do so by visiting our office between 8:00 a.m. and 5:00 p.m., Monday through Friday. Our office is located in the Roosevelt County courthouse, on the second floor, in Room 210. If you are unable to come into our office, please prepare a written request. Be sure that your request is specific and indicates exactly what documents or information you need and whether the copies need to be certified. Search and copy fees must be pre-paid. Along with your request, please send a payment made out to the Clerk of District Court. Some copies and fees are a flat rate and the fee can be easily determined. However, if you are requesting searches and/or copies with per page or year rates, and are unsure of the amount to send, please give us a call. Be sure to send a self-addressed, stamped, legal-sized envelope with adequate postage for the number of copies you are requesting. We will not return your copies to you without a self-addressed, stamped envelope. 

*We now accept payments by credit or debit card (Visa, Mastercard, or Discover). Your requests can include a phone number where we can reach you during business hours to obtain your credit/debit card information.*

Note: If paying by credit or debit card, there is a 1.995% plus $.25 processing fee added on to your transaction costs.

Please mail your requests to: 

Jeri Toavs

 Clerk of District Court 

400 2nd Avenue South Suite 210

Wolf Point, MT 59201 


Marriage License

Marriage License Application

A partial list of requirements for obtaining a Marriage License are as follows (this list is to be used only as a guideline and not to be interpreted as inclusive of all   Montana marriage license laws. It is subject to change without notice): 

1. A Marriage License fee or filing a Declaration of Marriage fee is $53.00. Payment may be made with cash, credit, or debit card. A processing fee will be added on to the $53 cost if a debit or credit card payment is used. 

2. Identification is required. Acceptable forms of identification include of copy of a birth certificate, driver’s license, State ID, Passport or Tribal ID. If your birth certificate is from a foreign country, the copy must be translated to English, by a person authorized to do so, and their signature must be notarized.

3. Persons 16 or 17 years of age must have parental consent (both parents). Contact the Clerk of Court’s Office on the procedure for this. However, in the case where only one parent has legal custody of that person, just the parent having custody is required to sign the consent form in the Clerk of Court’s Office (proof of custody is required). At 16 or 17 years of age, it is a state law that there must be at least two sessions of counseling at least 10 days apart with a designated counselor. This will require a letter written on the letterhead of the church or designated counselor stating the names of the couple, their ages, the dates of counseling, and the opinion of the counselor on the pending marriage. Forms for counseling are also available in the Clerk of Court’s office. Both male and female applicants, as a couple, must participate in the counseling, after which judicial consent must be given for the Clerk of court’s office to issue a marriage license. A district court judge signs the judicial consent ( 40-1-213). 

4. The marriage of a person 15 and under is prohibited in the State of Montana ( 40-1-213). Therefore, persons under the age of 16 may not marry within the State of Montana. 

5. Any marriage by proxy may be found under Sections 40-1-301(2) and 40-1-213(3). Roosevelt County does not do proxy marriages.

6. If a person has been previously married, proof that the most recent marriage was legally ended must be presented at the time of application for a marriage license in the form of either a copy of the decree of dissolution or a copy of the death certificate for the former spouse. If the decree of dissolution or death certificate is from a foreign country, the copy must be translated to English, by a person authorized to do so, and their signature must be notarized. (If the marriage ended in a divorce/dissolution in Roosevelt County, we will have your decree on file.)

7. A marriage license issued to Montana residents authorizes a marriage ceremony to be performed in the county where the license was issued or in any county of the State of Montana; however, the license is not transferrable out of state. ( 40-1-201

8. Persons who may now solemnize a marriage include a judge of a court of record, a public official whose powers include solemnization of marriages, by a mayor, city judge or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. ( 40-1-301)

9. No license to marry shall be issued if either of the applicants is under the influence of intoxicating liquor or narcotic drugs. ( 40-1-210)

10.A license to marry becomes effective upon issuance. The marriage license has an expiration notice of 180 days after it becomes effective. ( 40-1-212)

11. Effective July 1, 1997, the social security numbers of both applicants must be on the marriage license application.

12. Roosevelt County Clerk of District Court does not file or register Common Law Marriages.

Passports

Passport Applications are processed DAILY from 8:00 am to 4:30 pm.

The passport application, renewal application, and more detailed information on fees and required documentation is available at www.travel.state.gov

Passports for persons 15 years of age and younger are valid for five years and those for persons 16 years of age and older are valid for ten years. The application fees must be in the form of a check or money order. The $35 mandatory handling fee must be paid by cash.

All persons age 16 and older must sign their own application. All passport applications for minors under age 16 require the consent of both parents. If both parents are not able to appear at the Clerk of Court, the absent parent must submit a notarized statement of permission. This form is available at this office and at the US Government passport site. Persons age 16 and 17 must have one parent’s or legal guardian’s signature in addition to their own.

You must submit a certified copy of your birth certificate, 1 passport photo, and have a picture ID such as a valid driver’s license.

Passports take approximately 4-6 weeks to receive. However, times may vary and further information on processing times is disclosed on the US Department of State passport website at www.travel.state.gov

If you have applied for a 10-year passport previously and it expired within the last 5 years and you are able to submit your old passport, you can apply for a renewal through the mail bypassing this office and saving the $35 handling fee. The renewal form is available at this office and at www.travel.state.gov

Orders of Protection

Petitions for Temporary Orders of Protection will only be heard by District Court judges in cases involving parties to a pending (already filed with an assigned case number) dissolution, parenting or paternity proceeding, or involving an alleged victim in a pending felony criminal matter. 

All other parties wishing to obtain an order of protection will need to contact Roosevelt County Justice Court or Municipal Court regarding their criteria for such an order. 

Fees Charged in District Court

The fees charged by the clerk of district court (  MCA* 25-1-201). (1) The clerk of the district court shall collect the following fees: 

At the commencement of each action or proceeding from the plaintiff or petitioner (Includes Paternity and Invalidity of Marriage) – $120.00 

At the commencement of each petition for dissolution – $200.00 

At the commencement of each Petition for Legal Separation – $180.00

At the commencement of each Petition for Adoption – $105.00 

For filing a petition for contested Amendment of Parenting Plan – $120.00 

For filing a Complaint in Intervention, by the intervener –  $80.00 

For the appearance of each defendant or each respondent – $70.00 

For filing a Foreign Judgment – $90.00 

For the entry or renewal of Judgment, from prevailing party – $45.00 

For filing and docketing: Transcript of Judgment – $50.00 

For filing and docketing: Confession of Judgment – $50.00 

For filing a civil appeal from a lower court: Justice and City Court – $30.00 

For filing a civil appeal from a lower court: Small Claims Court – $10.00 

For filing a transfer from another county – $10.00 

For transmission of records or files or transfer of a case to another court (Includes removals to Federal District Court and forwarding appeals to Supreme Court) – $5.00 

For all writs of execution, writs of assistance and orders of sale – $5.00 

For a substitution of judge (Charge governmental agencies – excluding criminal cases) – $100.00 

For registering a process server – $100.00 

For oath or jurat with seal – $1.00 

For authenticated or exemplified copies – $6.00 

For certification with a seal – $2.00 

For searching court records – $2.00 per name per year up to seven (7) years; $1.00 per name each additional year 

For preparing general copies – $1.00 per page for first ten (10) pages; $.50 per page each additional page 

For preparing a copy of a dissolution decree – $10.00 

For preparing a copy of a marriage license – $5.00 

For formal/informal probate, guardianship or conservatorship case when commenced (Includes filing of the will; Ancillary with Montana letter issued) – $100.00 

For Probate, Foreign P. R. with certificate – $85.00 

For Marriage License/Declaration of Marriage – $53.00

For preparing and certifying a transcript of judgment – $4.00 

Frequently asked questions

Traffic Citations

Our office does not handle any traffic citations. Please check the ticket you were issued to determine if you need to contact Roosevelt County Justice Court (Wolf Point) at (406) 653-6258 or Roosevelt County Justice Court Post #2 (Culbertson) (406)787-6607 or Municipal Court at (406) 653-6261. 

Small Claims Court

Small Claims Court is located within the Roosevelt County Justice Court. If you have questions regarding a Small Claims Court action, you will need to contact Roosevelt County Justice Court (Wolf Point) at (406) 653-6258 or Roosevelt County Justice Court Post #2 (Culbertson) (406)787-6607 or Municipal Court at (406) 653-6261.  

Birth and Death Certificates

Birth and death certificates can be obtained in the Roosevelt County Clerk & Recorder’s office. Please check with the Clerk & Recorder regarding fees and requirements to obtain these documents. The Clerk & Recorder’s office can be reached at (406) 653-6250. 

Helpful Links 

If you have any questions regarding any of the information or forms obtained on any of the websites listed below, please contact those offices directly. These links are provided solely for your convenience.


Jeri Toavs

Clerk of District Court/Superintendent of Schools

Telephone: (406)653-6266

Fax: (406)653-6203

Email: jtoavs@mt.gov

Laurie Evans

Deputy Clerk of District Court

Telephone: (406)653-6273

Fax: (406)653-6203

Email: levans3@mt.gov