HOUSE BILL NO. 603
INTRODUCED BY J. SHOCKLEY
AN ACT EXPANDING THE REQUIREMENTS FOR NOTICE TO THE ATTORNEY GENERAL WHEN A STATE AGENCY IS A PARTY TO A PROCEEDING FOR WHICH JUDICIAL REVIEW IS SOUGHT; AMENDING SECTION 25-1-502, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-1-502, MCA, is amended to read:
"25-1-502. Notice of appeal to be served on attorney general when state is party to judicial review. When a
department or board of this state appeals from a judgment or order entered in any court of this state, a copy of the notice of
appeal must be served on the attorney general (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.."
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Applicability. [This act] applies to any action or other proceeding for which the time for an appeal has not yet begun to run on [the effective date of this act].
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