House Bill No. [insert bill number] proposes to amend Section 3-2-701 of the Montana Code Annotated, establishing a new burden of proof for claims that a legislative act violates the Montana Constitution. The bill specifies that, except in cases where the state constitution mandates a different standard, the Montana Supreme Court must uphold a legislative act unless the challenger can prove that the act is unconstitutional beyond a reasonable doubt. This change aims to provide clarity on the judicial review process regarding legislative acts.

Additionally, the bill modifies the language regarding the powers of the Supreme Court in regulating court procedures. It changes the phrasing from "shall have the power to" to "may" in several instances, indicating a more discretionary approach to the regulation of pleading, practice, and procedure in civil actions. The amendments also emphasize that the rules established by the Supreme Court should not abridge, enlarge, or modify the substantive rights of litigants and must remain consistent with the state constitution.

Statutes affected:
LC Text: 3-2-701
HB0030_1(1): 3-2-701
HB0030_1(2): 3-2-701
HB0030_1(3): 3-2-701
HB0030_1(4): 3-2-701
HB0030_1(5): 3-2-701
HB0030_1(6): 3-2-701
HB0030_1: 3-2-701