MT · rules
Mont. R. Civ. P. 5.1
Constitutional Challenge to a Statute -- Notice and Intervention
(a) Notice by a Party. A party that files a pleading, written motion, or other paper
challenging the constitutionality of a state statute must promptly file a notice of
constitutional question stating the question and identifying the paper that raises it, and serve
the notice and paper on the state attorney general either by certified or registered mail or
by sending it to an electronic address designated by the attorney general for this purpose.
(b) Intervention; Final Decision on the Merits. Unless the court sets a later time, the
attorney general may intervene within 60 days after the notice is filed or after the court
certifies the challenge, whichever is earlier. Before the time to intervene expires, the court
may reject the constitutional challenge, but may not enter a final judgment holding the
statute unconstitutional.
(c) No Forfeiture. A party’s failure to file and serve the notice, or the court’s failure to
certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
08aedd12b29e72376c31e37abd54e03fc42130fb96e9b5cadaef230f8b9be843
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