This bill amends Section 3-2-701 of the Montana Code Annotated to establish the burden of proof for claims that a legislative act violates the Montana Constitution. The amendment 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 clarify the standard of review applied by the courts when legislative acts are challenged.
Additionally, the bill modifies the language regarding the powers of the Supreme Court in regulating court procedures. It changes the wording from "shall have the power to" to "may" in several instances, indicating a more permissive approach to the court's authority in establishing rules for civil actions. The amendments also emphasize that the court's rules 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