MT · rules
Mont. R. App. P. 27
Notice involving constitutional questions where the state is not a party
Irrespective of the requirements of M. R. Civ. P. 5.1, a party who challenges the
constitutionality of any act of the Montana legislature in any action, suit, or proceeding in
the supreme court to which neither the state nor any agency or any officer or employee
thereof, in the officer’s or employee’s official capacity, is a party, must give notice to the
supreme court and to the Montana attorney general of the existence of the constitutional
issue. This notice must be in writing, specify the section of the Montana Code Annotated
or chapter of the session law to be construed, and must be given no later than 11 days from
the date that the notice of appeal or notice of cross-appeal is filed or the date of filing of an
original proceeding in the supreme court. No later than 20 days from the date that the
notice of constitutional challenge is filed, the attorney general shall notify the supreme
court and all parties in writing as to whether the attorney general will intervene in the appeal
on the constitutional issue.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
f29f250b6c18860c27b8bfac884d035c7efc97495e59685698a7747412a0eaa8
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