(a) Notice by a Party. A party that files a pleading, written motion, or other paper challenging the constitutionality of a state statute must promptly file a notice of constitutional question stating the question and identifying the paper that raises it, and serve the notice and paper on the state attorney general either by certified or registered mail or by sending it to an electronic address designated by the attorney general for this purpose.
Rule 5.1.Constitutional Challenge to a Statute — Notice and Intervention
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 5.1 requires a party who challenges the constitutionality of a Montana statute to notify the attorney general, and gives the attorney general 60 days to intervene before a court may strike the statute down.
Full Text of Rule 5.1
(b) Intervention; Final Decision on the Merits. Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute unconstitutional.
(c) No Forfeiture. A party’s failure to file and serve the notice, or the court’s failure to certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
Plain-English Summary
When a litigant argues that a Montana statute is unconstitutional, the State has an interest in defending its own law. Rule 5.1 makes sure the State gets the chance.
A party raising a constitutional challenge must promptly file a notice of constitutional question and serve it on the state attorney general. The attorney general may then intervene within 60 days (or after the court certifies the challenge, whichever comes first). A court may reject the challenge before that window closes, but it may not enter a final judgment holding the statute unconstitutional until the attorney general has had the opportunity to weigh in. Failing to file the notice does not, by itself, forfeit a constitutional argument that was otherwise timely raised.
Frequently Asked Questions
Do I have to tell anyone if I argue a Montana statute is unconstitutional?
Yes. You must promptly file a notice of constitutional question and serve it on the state attorney general.
Why must the attorney general be notified?
So the State can defend its statute. The attorney general may intervene within 60 days, and a court may not hold the statute unconstitutional before that window passes.
What happens if I forget to file the notice?
You do not automatically forfeit the constitutional argument if it was otherwise timely raised, but you should cure the omission promptly.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: constitutional challengenotice of constitutional question