IN THE MATTER OF THE MONTANA RULES
Annotate this Case
Download PDF
November 29 2011 IN THE SUPREME COURT OF THE STATE OF MONTANA AF 07-0157 F110 292011 Tf CLERK OE IN THE MATTER OF THE REVISIONS TO RULES 23(f) AND 45(a)(1)(A)(iv) OF THE MONTANA RULES OF CIVIL PROCEDURE ORDER On April 26, 2011, this Court adopted new Montana Rules of Civil Procedure with an effective date of October 1, 2011. It has come to the Court's attention that M. R. Civ. P. 23(f), providing for appeals from an order permitting or refusing class certification or rejecting a proposed class settlement, conflicts in part with the Montana Rules of Appellate Procedure. The Court has decided to resolve the conflict by revising M. R. Civ. P. 23(f) to adhere to the provisions of the Montana Rules of Appellate Procedure. Therefore, IT IS ORDERED that M. R. Civ. P. 23(f) is revised as follows. Language to be deleted from the Rule is shown with interlineations; new language is underlined. 1) Appeals. Appeal may be filed from an order granting or denying class action certification under this rule, or an order finally and definitively rejecting a proposed class settlement, by notice of appeal filed within the time allowed for appeals under the Montana Rules of Appellate Procedure. (1) Permitting or Refusing Class Certification. The supreme court may permit an appeal from an order granting or denying class action certification under this rule if a petition for permission to appeal is filed with the supreme court within 14 days after the order is entered. An appeal does not stay proceedings in the district court unless the district judge or supreme court so orders. (2) Rejecting of Proposed Class Settlement. 11 lu1*MJ)iU8IJf 11 IJiTJ'IiE1iJ11E tL'flhITL'J1 i i)BLW(lkI1 I TtCJMN IW4f1]1tflhJ 11JlLIJJJJjttlIJTl1i TI1I1:mnll1uim $II1 p : I i;rcr 1iP]Jin:nhJiLlfltuiJ1JnInr1 Jill flLTfif 'i'ti '1J4fJItIUiiT4M imiiw.ui irjttn JIJI 'fl'Jl'L}UI ITt' CtMMllflhTTflhI'LJ.UTJUTJJ1fl ' /.U11fltrJllhiJfl.uJ[jf1jjI1rEuJjL mfl1'1JL fiUi rirrurmt - 1ai:'J:1R'Ju ll1U L11Jr''I1Ii1JIi't'1 11" .i;s! 15Sfl ¢ flI .t21.At, ¢jLSAei ¢ U1II1U1 JtflllI' itT 1. tIi StJ i itS tS .Ars. teA flS.2 tlC tea;. In addition, the Court's attention has been drawn to a mistake in M. R. Civ. P. 45(a)(1)(A)(iv). That subsection presently reads "set out the text of Rule 45(c) and (d)." It should read "set out the text of Rule 45(d) and (e)." Therefore, IT IS FURTHER ORDERED that M. R. Civ. P. 45(a)(1)(A)(iv) is corrected to read as follows: "set out the text of Rule 45(d) and (e)." The Clerk is directed to provide copies of this Order to each Clerk of the District Court in the State of Montana; each District Judge for the State of Montana; Lee Heiman at the Montana Legislative Services Division; the Montana Attorney General; the Director of the Montana Trial Lawyers; the Director of the Montana Defense Trial Lawyers; the Clerk of the United States District Court for the District of Montana; the President of the Montana Magistrates' Association; the Executive Director of the State Bar of Montana; the University of Montana School of Law; the State Law Librarian; and the Chair and each member of the Advisory Commission on Rules of Civil and Appellate Procedure. DATED this day of November, 2011. Chief Justice 2 / /9 ,.AA ,r ,
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
