Montana Code Annotated 2023

TITLE 25. CIVIL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS

Part 5. Notice to Attorney General

Notice Of Appeal To Be Served On Attorney General When State Is Party To Judicial Review

25-1-502. Notice of appeal to be served on attorney general when state is party to judicial review. (1) If the state or a department, officer, or board of the state appeals from a judgment or order entered in any court or files a petition for a writ seeking review of a matter in any appellate court, the attorney representing the state, department, officer, or board shall notify the attorney general within a reasonable time in advance of the filing of the notice or petition. The attorney shall serve a copy of the notice of appeal or of the petition on the attorney general and provide the attorney general on request a copy of the order, judgment, or opinion for which review is sought.

(2) If a notice of appeal or petition for a writ seeking review in any appellate court is served upon the state or a department, officer, or board of the state, the party serving the notice or petition shall serve a copy on the attorney general as well as on any other counsel required by law to be served.

History: En. Sec. 2, Ch. 91, L. 1979; amd. Sec. 1, Ch. 535, L. 2001.