Montana legislation · 2025 Regular Session
Montana SB395: Revise legal requirement of standing to maintain a lawsuit
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act revising the legal requirement of standing to maintain a lawsuit; and providing an effective date and an applicability date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LEGAL REQUIREMENT OF STANDING TO MAINTAIN A LAWSUIT; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE." WHEREAS, the authority of the courts is limited to "the judicial power"; and WHEREAS, the phrase "the judicial power" in the 1972 Montana Constitution was derived from the 1889 Montana Constitution; and WHEREAS, the same phrase was derived from Article III, section 1, of the United States Constitution to describe the sphere of the judiciary; and WHEREAS, in Stewart v. Board of County Commissioners of Big Horn County, 175 Mont. 197, P.2d 184 (1977), the Montana Supreme Court acknowledged the judicial power is bounded by the definition of justiciable "cases and controversies," as those terms traditionally have been defined in Anglo-American law; and WHEREAS, in the absence of a statute or constitutional provision to the contrary, one requirement of justiciability is that the party or parties demanding relief have and maintain legal standing to sue the defending party or parties on the particular claim; and WHEREAS, without specific legal authorization, a court may not decide claims in which the party or parties demanding relief do not have or maintain standing; and WHEREAS, the three elements of standing are referred to as injury, causation, and redressability; and WHEREAS, despite the Montana Supreme Court's acknowledgment …
Sponsors
- Emrich, Daniel (R, 11) · primary sponsor
- Overstreet, Greg (R, 88)
Latest actions
- : (S) Died in Process
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
- : (S) 3rd Reading
Votes
- Do Concur (April 10, 2025): 46 yea, 53 nay, failed
- Do Pass (March 4, 2025): 29 yea, 21 nay, passed
- Do Pass (March 3, 2025): 29 yea, 20 nay, passed
Subjects: Judges and Justices, Courts, Civil Procedure
Common questions
- What is SB395?
- SB395 is a bill in the Montana Legislature (2025 Regular Session): Revise legal requirement of standing to maintain a lawsuit.
- What does SB395 do?
- In its own words: A bill for an act entitled: "an act revising the legal requirement of standing to maintain a lawsuit; and providing an effective date and an applicability date.".
- What is the status of SB395?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB395?
- Emrich, Daniel (R, 11), with 1 co-sponsor.
- Where is the official record for SB395?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC4297
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.