IN THE MATTER OF THE MONTANA RULES
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September 16 2014 IN THE SUPREME COURT OF THE STATE OF MONTANA No. AF 07-0157 IN THE MATTER OF THE MONTANA RULES OF CIVIL PROCEDURE SEP 16 2014 ORDER r Ea Smitfi !IRK CF THE SUPREME COURT S1A1E OF MONTANA amendment On July 1, 2014,this Court opened a 60-day public comment period on an Montana Access to to Rule 23 of the Montana Rules of Civil Procedure proposed by the action cases. Justice Commission, regarding the disposition of residual funds in class the same The Court, having reviewed the comments submitted and having considered ent to M.R. at a public meeting held September 16,2014,now adopts the following amendm Civ. P. 23, effective January 1, 2015: (i) Disposition of Residual Funds. (1)"Residual Funds" are funds that remain after the payment of all approved class member claims, expenses, litigation costs, attorneys' fees and other court-approved disbursements. This rule does not prohibit the trial court from approving a settlement that does not create residual funds. (2)"Access to Justice Organization" means a Montana non-profit entity whose purpose is to support activities and programs that promote access to the Montana civil justice system. (3) Any order entering a judgment or approving a proposed compromise of a class action certified under this rule that establishes a process for identifying and compensating members of the class shall provide for disbursement of residual funds. In matters where the claims process has been exhausted and residual funds remain, not less than fifty percent(50%)of the residual funds shall be disbursed to an Access to Justice Organization to support activities and programs that promote access to the Montana civil justice system. The court may disburse the balance of any residual funds beyond the minimum percentage to an Access to Justice Organization or to another non-profit entity for purposes that have a direct or indirect relationship to the objectives ofthe underlying litigation or otherwise promote the substantive or procedural interests of members ofthe certified class. shed on the Montana IT IS FURTHER ORDERED that this Order shall be publi posted on the website of the Supreme Court website and that notice of this Order shall be ana Lawyer. State Bar of Montana and in the next available issue ofthe Mont State Law Library The Clerk is directed to provide copies ofthis Order to the Montana de copies ofthis Order to and the State Bar of Montana. The Clerk is further directed to provi ission and the Uniform the Chairs ofthe Montana Supreme Court Access to Justice Comm ana Trial Lawyers District Court Rules Commission and to the Directors of the Mont Association and the Montana Defense Trial Lawyers Association. DATED this lo day of September, 2014. Chief Justice Ig4tddli,A4/1), Justices 2
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