Each state’s constitution and laws establish the state’s courts, which interpret state laws (and generally not federal laws). A court of last resort, often known as a supreme court, is usually the highest court in the state. Some states also have an intermediate court of appeals. Below these intermediate courts of appeal are the state trial courts, where most lawsuits begin. State trial courts are referred to differently in different states—often as district courts, circuit courts, or superior courts.

State courts are often courts of general jurisdiction—meaning they hear all types of cases—involving criminal law, family law, probate law, and general disputes involving money and property. But more populated counties often have courts of specific jurisdiction, such as family courts that only hear family law matters (divorce, child custody, child support); criminal courts that only hear criminal matters; and probate courts that only handle the probate of estates and related litigation.

In Montana (MT), the state court system is structured with the Montana Supreme Court serving as the court of last resort. Below the Supreme Court is the Montana District Courts, which function as the state trial courts of general jurisdiction. These courts handle a wide variety of cases, including criminal law, family law, probate law, and civil disputes over money and property. Montana does not have an intermediate court of appeals; instead, appeals from the District Courts go directly to the Montana Supreme Court. In addition to the District Courts, Montana has limited jurisdiction courts, which include Justice Courts, City Courts, and Municipal Courts, handling matters such as misdemeanors, traffic offenses, and small claims. While Montana's less populated counties may have courts with broader jurisdiction, more populated areas may have specialized courts or departments within the District Courts that focus on specific areas of law, such as family law matters or probate cases.