Montana Code Annotated 2021



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.