26 September 2026; start date not confirmedProfessional guidanceMontana Department of Revenue, Office of Dispute ResolutionSeptember 21 2026; Effective Date: September 26, 2026Last checked 31 October 2026
Jurisdiction
Montana: AI rules for lawyers
Montana, United States · Switch state
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What this means for lawyers
There is no statewide Montana rule that requires a lawyer to disclose generative AI in a court filing. Whether you must tell the court depends on the district, and on whether the matter is before the Department of Revenue's Office of Dispute Resolution.
In the Second Judicial District (Butte-Silver Bow County) and the Fourth Judicial District (Missoula and Mineral Counties), a party who uses generative AI in a pleading or other filed document must name the tool, say how it was used, and certify that they checked the accuracy of any portion the tool drafted or assisted, including the facts, procedural background, citations and legal authority.
In the Thirteenth Judicial District (Yellowstone County), from 1 January 2026, a lawyer or self-represented party who used generative AI to prepare any filed document must identify the type of AI and certify that every citation to the law or the record has been verified as accurate.
The professional-conduct preamble says a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks of relevant technology. The sentence uses "should". Rule 1.1 does not mention technology, and the State Bar states that Montana does not adopt comments to the Rules of Professional Conduct.
As at .
Telling the court and the client
- Tell the courtVaries by court
Court disclosure: depends. No statewide rule was found. Disclosure is required, on different terms, in the Second, Fourth, Thirteenth and Fifteenth Judicial Districts, and from 26 September 2026 a party before the Department of Revenue Office of Dispute Resolution must disclose evidence or a formal filing created using AI.
Client disclosure/consent: no rule found. No Montana rule of professional conduct, and no State Bar ethics opinion, requiring a lawyer to tell the client or to obtain consent before using AI was found as at 31 October 2026.
- Tell the clientNo
Same basis and sources as above.
What changed in Montana in the last 12 months
- DatedARM 42.2.613 and 42.2.616 — disclosure of evidence or filings created using AI
- DatedOrder adopting a local rule on pleading requirements for use of generative artificial intelligence
- DatedRules of Practice, Rule 3.N — Use of artificial intelligence / disclosure
- DatedLocal Rules of Practice, Rule 35 — Artificial Intelligence
AI instruments
Courts and tribunals
22 September 2026; start date not confirmedBinding ruleMontana Second Judicial District CourtFiled September 22, 2026; dated this 22nd day of September, 2026Last checked 31 October 2026
1 July 2026; start date not confirmedBinding ruleMontana Fifteenth Judicial District CourtEFFECTIVE as of today, July 1, 2026; dated July 1, 2026Last checked 31 October 2026
1 January 2026; start date not confirmedBinding ruleMontana Thirteenth Judicial District CourtEffective January 1, 2026; dated this 1st day of January, 2026Last checked 31 October 2026
Date of Last Amendment to these Rules: 29OCT2020; start date not confirmedBinding ruleMontana Supreme CourtDate of Last Amendment to these Rules: 29OCT2020Last checked 31 October 2026
Consultation, not in forceSecondaryMontana Supreme CourtFILED 07/23/2026; comments until August 18, 2026Last checked 31 October 2026
Revised October 31, 2025; start date not confirmedBinding ruleMontana Fourth Judicial District CourtRevised October 31, 2025Last checked 31 October 2026
Legislation
1 October 2025; start date not confirmedBinding ruleMontana Legislature10/01/2025 on the effective-dates table updated 11/5/2025Last checked 31 October 2026
16 April 2025; start date not confirmedBinding ruleMontana Legislature04/16/2025 on the effective-dates table updated 11/5/2025; section 10 effective on passage and approvalLast checked 31 October 2026
Sources
23 sources, each with its issuer and the date it was last checked.Show all sources
- Montana Department of Revenue, Office of Dispute Resolution: ARM 42.2.613 and 42.2.616 — disclosure of evidence or filings created using AI · last checked
- Montana Second Judicial District Court: Order adopting a local rule on pleading requirements for use of generative artificial intelligence · last checked
- Montana Fifteenth Judicial District Court: Rules of Practice, Rule 3.N — Use of artificial intelligence / disclosure · last checked
- Montana Thirteenth Judicial District Court: Local Rules of Practice, Rule 35 — Artificial Intelligence · last checked
- Montana Supreme Court: Montana Rules of Professional Conduct, Preamble paragraph (5) — technology and competence · last checked
- Montana Supreme Court: Order opening comment on a proposed additional comment to Montana Rule of Evidence 901(c) · last checked
- Montana Fourth Judicial District Court: Rules of Practice, Rule 3.G — Pleading requirements for use of generative artificial intelligence · last checked
- Montana Legislature: House Bill 178, Chapter 427 (2025) — government use of artificial intelligence, MCA 2-21-101 to 2-21-104 · last checked
- Montana Legislature: Senate Bill 212, Chapter 150 (2025) — Right to Compute Act · last checked
- MAR Notice No. 2026-169.1, proposed Office of Dispute Resolution rules · last checked
- Advisory Opinions of the State Bar Ethics Committee · last checked
- Montana Supreme Court (State Law Library compilation) · last checked
- Montana Judicial Branch · last checked
- State Bar of Montana · last checked
- Montana Code Annotated · last checked
- Montana Legislative Services · last checked
- Montana Code Annotated · last checked
- Montana Supreme Court · last checked
- Montana Judicial Branch · last checked
- U.S. District Court for the District of Montana · last checked
- U.S. District Court for the District of Montana · last checked
- U.S. District Court for the District of Montana · last checked
- U.S. District Court for the District of Montana · last checked
Court AI rule changes + new tools, monthly
One email a month when a court changes its AI practice note or a tool is added to the catalogue. Your address is kept for that note. See Privacy.
Before the work starts
- Define the matter
Confirm the client’s instructions, jurisdiction, intended output and the information available before dividing the work.
- Confirm the source material
Check the work against the original records and identify omissions, contradictions and remaining information.
- Record review and approval
Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
- Jurisdiction
Apply this guidance to the actual matter and jurisdiction. Confirm current requirements before relying on an example.
Limits on AI assistance
- Confirm firm, client and applicable court or professional restrictions before using any AI feature.