2020 Montana Code Annotated
Title 50. Health and Safety
Chapter 20. Abortion
Part 3. Woman's Right to Know
50-20-308. Protection of privacy in court proceedings

Universal Citation: MT Code § 50-20-308 (2020)

50-20-308. Protection of privacy in court proceedings. In a civil or criminal proceeding under this chapter, the court shall determine whether the anonymity of a woman upon whom an abortion has been performed or attempted must be preserved from public disclosure, unless the woman waives anonymity. The court shall make a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and the exclusion of individuals from the proceedings to the extent necessary to safeguard the woman's identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is necessary, how the order is tailored to protect the woman's privacy, and why no less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, a person other than a public official who brings an action under 50-20-307(1) shall do so under a pseudonym.

History: En. Sec. 8, Ch. 566, L. 1995.

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