Montana FOIA procedures

Montana FOIA procedures
FOIA laws in Montana
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Montana as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Montana

Records requests are to be submitted to the records custodian. The request does not have to be in writing, but the attorney general has ruled that agencies may request that submission be in written form. According to the Montana FOI Hotline:

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When possible, those requesting public records should go in person to the county courthouse or other governmental entity and ask to examine the records they need, making their request as narrow and specific as possible. Then, after looking through the records, a request can be made for copies of just those documents that are needed. Doing so will minimize the risk of the agency delaying access to the records with excuses like “too many records to look through to find yours” or “it will be far too expensive for us to do the search.” Remember, your constitutional right is to examine a document.

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Purpose and use

There is no requirement for a statement of purpose but the act does place some restrictions on use, as there is a limit on the sale of mailing lists for commercial reasons. Additionally, information regarding purpose may be requested to expedite an executive branch agency's response.

Who may request public records?

See also: List of who can make public record requests by state

According to Section 2-6-1003 of Montana Code:

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Access to public information -- safety and security exceptions -- Montana historical society exception. (1) Except as provided in subsections (2) and (3), every person has a right to examine and obtain a copy of any public information of this state. (2) A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities. (3) The Montana historical society may honor restrictions imposed by private record donors as long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years from the date the private record was received. Upon the expiration of the restriction, the private records must be made accessible to the public.

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Montana is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Montana law allows the secretary of state and public agencies to charge fees for fulfilling public record requests. According to Section 2-6-1005 of Montana Code:

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(c) A public agency other than the office of the secretary of state may charge, pursuant to this subsection (1)(c), a fee for fulfilling a public information request. Except where a fee is otherwise provided for by law, the fee may not exceed the actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner possible. The fee must be documented. The fee may include the time required to gather public information. The public agency may require the requesting person to pay the estimated fee prior to identifying and gathering the requested public information. ... (4) (a) The secretary of state is authorized to charge fees under this section. The fees must be set and deposited in accordance with 2-15-405. The fees must be collected in advance.

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Response time

See also: Request response times by state

Montana law states that executive branch agencies must provide a response to the requester within five working days. However, this can be extended if the agency requires more time to gather the necessary information. According to Montana Code 2-6-1006:

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(3) (a) An executive branch agency shall respond to a public information request by acknowledging receipt of the request within 5 business days of the agency's designated contact person receiving the request. Except for confidential, privileged, or otherwise protected information that is not subject to public disclosure under applicable law and information withheld from public scrutiny as provided in 2-6-1003, the executive branch agency shall respond by: (i) making the public information maintained by the executive branch agency available in a timely manner for inspection and copying by the requesting person; (ii) providing a specified public record to the requesting person within 5 working days of the executive branch agency's acknowledgment of receipt of the request if the request is for a single, specific, clearly identifiable, and readily available public record. This subsection (3)(a)(ii) does not apply to requests pertaining only to a specified person or property, including requests for applications, vital records, licenses, permits, or registrations; or (iii) responding as provided in subsection (3)(b). (b) (i) If a request seeks public information that cannot be readily identified and gathered, the agency shall provide the requesting person an estimate of the time it will take to fulfill the request and any fees that may be charged pursuant to subsection (1)(c) and shall provide the public information to the requesting person in a timely manner, which may be, except as provided in subsection (3)(b)(ii), within: (A) 90 days of the public agency's acknowledgment of the request; or (B) 6 months of the public agency's acknowledgment of the request if the agency determines 90 days is not feasible for a response and the agency provides the requesting person written notice explaining why the agency is unable to provide a response within 90 days.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Montana Code prohibits the release of confidential information and defines confidential in Section 2-6-1002:

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(1) "Confidential information" means information that is accorded confidential status or is prohibited from disclosure as provided by applicable law. The term includes information that is: (a) constitutionally protected from disclosure because an individual privacy interest clearly exceeds the merits of public disclosure; (b) related to judicial deliberations in adversarial proceedings; (c) necessary to maintain the security and integrity of secure facilities or information systems owned by or serving the state; and (d) designated as confidential by statute or through judicial decisions, findings, or orders.

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See also

• Freedom of Information Act

External links

• Montana Code
• Montana Archives
• Open Government Guide to Montana