(1) An issue of law must be tried by the court.
(2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.
Mont. Code Ann. § 25-31-803
By whom issues tried
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.