§ Rule 24(d) Cases involving constitutional questions where the state is not a party

Codes > Montana Code > Title 25 > Chapter 20 : IV Parties > Rule 24 : Rule 24(d)

Rule 24(d). Cases involving constitutional questions where the state is not a party

    When the constitutionality of any act of the Montana legislature is drawn in question in any action, suit or proceeding to which neither the state nor any agency or any officer or employee thereof, as such officer or employee, is a party, the party raising the constitutionality of the act shall notify the Montana attorney general and the court of the constitutional issue. The notice shall be in writing, shall specify the section of the code or chapter of the session law to be construed and shall be given contemporaneously with the filing of the pleading or other document in which the constitutional issue is raised. The attorney general may within 20 days thereafter intervene as provided in Rule 24(c) on behalf of the state.