Two kinds of "master" show up in Montana divorce cases, and they are easy to confuse. A settlement master is a neutral who runs a settlement conference and has no power to decide anything. A standing master is a judicial officer who can hold hearings and issue findings and orders in matters a district judge refers. This page explains both, with a focus on the Fourth Judicial District, which covers Missoula and Mineral Counties. It is part of our Montana Divorce Guide.
Two Different Jobs With Similar Names
| Question | Settlement master | Standing master |
|---|---|---|
| What the person does | Runs a settlement conference and reports whether the case settled | Holds hearings, takes evidence, and issues findings of fact and conclusions of law |
| Can they decide your case? | No. The rule gives the settlement master a reporting role only | Yes, within the order of reference, subject to district court review on objection |
| Where the authority comes from | Fourth Judicial District Local Rule 9 | MCA §§ 3-5-124 to 3-5-126 and Local Rule 29 |
| Is it confidential? | Yes, under MCA § 26-1-813 and Rule 408, Mont. R. Evid. (Local Rule 9(E)) | No. The record is public to the same extent as other district court records |
| Who pays | The parties, 50 percent each unless they agree otherwise | The recording of the proceedings is filed at the district court's expense. An objecting party pays for a duplicate (MCA § 3-5-126(1)) |
Not every Montana judicial district uses standing masters, and each district writes its own local rules. Check the rules for the county where your case is filed. Our guide to divorce court in Missoula County covers the local court.
Settlement Conferences in the Fourth Judicial District
The Fourth Judicial District's Rules of Practice say that, except as provided in MCA § 40-4-301, each civil case will have two settlement conferences, and both must be held before the case may be set for trial (Local Rule 9(A)):
- A lawyers' resolution conference, held in person between all parties and their counsel, if any, at a place they agree on. Afterward the petitioner certifies to the court that it was held and whether the case settled (Local Rule 8).
- A master-supervised settlement conference, which may be held at any time by stipulation or court order and, unless otherwise agreed, takes place after the pretrial order is submitted (Local Rule 9(B)).
The lawyers who will try the case and all parties must attend the master-supervised conference in person, and everyone must have authority to settle. The requirement "may be waived only upon motion and order of the Court" (Local Rule 10(B)).
The reference to MCA § 40-4-301 is important. That statute bars a court from authorizing mediated negotiations where it has reason to suspect abuse unless each party gives written, informed consent. If that describes your situation, see when agreement is not safe or possible.
What a Settlement Master Does and Does Not Do
A settlement master listens to both sides and helps them look for terms they can both accept. Under the local rule the master's formal duty to the court is a report. If the case settles, the master tells the judge's office right away and files a report of the result. If it does not, the master reports within five days and passes along scheduling information: the expected length of trial, dates when counsel or key witnesses are unavailable, and any special requests (Local Rule 9(D)).
The rule does not give a settlement master authority to rule on any issue, and settlement conference proceedings must be kept confidential as provided in MCA § 26-1-813 and Rule 408 of the Montana Rules of Evidence (Local Rule 9(E)). A settlement reached at the conference still has to be written up as a separation agreement for the court to review.
On cost, the parties agree on responsibility for the settlement master's fees. Unless they agree otherwise, each pays 50 percent at the time of the conference, and the cost is included in the final judgment (Local Rule 9(B) and (D)).
What a Standing Master Can Decide
A reference to a standing master is made at the judge's discretion or by a standing order of the district court, and the order of reference must "specify or limit the standing master's powers" (MCA § 3-5-124(1) and (3)(a)). Within those limits, a standing master may (MCA § 3-5-124(3)(b)):
- require the production of evidence, including books, papers, and documents;
- rule on the admissibility of evidence, in accordance with Montana law and the Montana Rules of Evidence;
- put witnesses on oath and permit their examination;
- call the parties and permit their examination under oath; and
- issue temporary orders, which are subject to review by the district court on a party's objection.
After a hearing, the standing master submits findings of fact and conclusions of law. If a party requests a hearing on a referred matter, the master must hold one, and all contested proceedings must be audio or video recorded (MCA § 3-5-126(1)).
In the Fourth Judicial District, a standing order provides that district judges may appoint a standing master "to adjudicate a case," and that once appointed the master is responsible for the administration and disposition of proceedings in it (Local Rule 29). That can include the final decree of dissolution.
Objecting to a Referral
You are not required to accept a particular standing master. A party may object to a reference "within 20 days after the date the matter was referred to the standing master but before the first meeting with the standing master." On objection, the district court "shall refer the matter to another standing master in the judicial district or return the matter to the active docket of the district court" (MCA § 3-5-124(2)).
Both conditions apply: the 20 days and the first meeting. A standing master may issue temporary orders before that objection period ends (MCA § 3-5-125(1)). The Fourth Judicial District's standing order adds that the statute on substituting district judges does not apply to standing masters.
Objecting to a Standing Master's Findings
Within 10 days after being served with notice of the filing of the findings of fact and conclusions of law or order, any party may file and serve written specific objections or apply to the district court for an extension. The district court, after a hearing if one is requested, may adopt the findings or order and may "modify, reject in whole or in part, receive further evidence, or recommit the matter to the standing master with instructions" (MCA § 3-5-126(2)).
The Fourth Judicial District's standing order spells out what an objection must contain. It must be written, must specifically identify the finding of fact or conclusion of law claimed to be in error, and must state the factual or legal basis for each claimed error with citation to legal authority (Local Rule 29). The objecting party is responsible for the reasonable cost of a duplicate of the recording (MCA § 3-5-126(1)).
Two more points from that standing order are easy to miss:
- A standing master's order is effective and enforceable when filed, unless it is stayed, even while an objection is pending.
- If no objections are filed within the 10 days, the findings, conclusions, and order or decree are the final order of the court with no further action by the district judge.
If the parties stipulate that a standing master's findings of fact are final, only questions of law may be considered afterward (MCA § 3-5-126(3)). Ten days is short. If you receive a decision you disagree with, talk to a lawyer promptly. Review by the district judge is a separate step from an appeal to the Montana Supreme Court.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the Fourth Judicial District Rules of Practice as revised October 31, 2025. It is not legal advice about your specific case.