Opinion
OP 22-0219
05-24-2022
JOHN MEYER, Petitioner, v. AUSTIN KNUDSEN, in his official capacity as MONTANA ATTORNEY GENERAL, Respondent.
ORDER
On April 29, 2022? Petitioner John Meyer filed a petition for Original Proceeding with the Clerk of this Court seeking review, pursuant to § 13-27-316(2), MCA, of the Attorney General's April 18, 2022 determination that Proposed Ballot Measure No. 33 was legally insufficient.
Pursuant to our subsequent Order, the Attorney General filed a response in opposition to Meyer's petition. In that response, the Attorney General asserted that Meyer's petition is procedurally deficient for failing to serve all parties and for failing to follow the Montana Rules of Appellate Procedure.
First, as noted by the Attorney General, Meyer filed his petition under § 13-27-316(2). MCA, which allows a petitioner to challenge the Attorney General's legal sufficiency determination by filing an original proceeding in this Court. Section 13-27-316(3)(a), MCA, requires that notice of such proceeding must be served upon the Secretary of State and upon the Attorney General. In this instance, Meyer failed to serve the Secretary of State.
In addition. M. R. App. P. 1 l(4)(e) requires that a certificate of compliance which certifies that the filing has been made in accordance with the requirements of Rule 11 must accompany each brief. Here, Meyer's petition, which serves as his opening brief, fails to include a certificate of compliance.
The Attorney General has not moved to dismiss this proceeding but argues that the failure to serve the Secretary of State and to include a certificate of compliance are instead "'fatal jurisdictional defects."
We have stated many times before that "it is reasonable to expect all litigants, including those acting pro se, to adhere to procedural rules." Greenup v. Russell. 2000 MT 154, ¶ 15. 300 Mont. 136, 3 P.3d 124 (citing to First Bank (N.A.)-Billings v. Heidema, 219 Mont. 373, 376. 711 P.2d 1384, 1386 (1986)). We, however, must consider the prejudice, if any, to the opposing party when a party does not adhere to rules of procedure. Greenup, ¶ 15. Here, the Attorney General alleges no prejudice suffered as a result of Meyer's failure to serve the Secretary of State or provide a certificate of compliance. However, we agree Meyer must cure these defects before this matter can proceed to disposition.
IT IS THEREFORE ORDERED that Meyer shall serve all filings he has made in this Court's Case No. OP 22-0219 upon the Montana Secretary of State no later than noon on May 31, 2022.
IT IS FURTHER ORDERED that Meyer shall file a Certificate of Compliance pursuant to M. R. App. P. 1 l(4)(e) pertaining to his Petition for Original Proceeding no later than noon May 31, 2022.
Failure to correct these deficiencies on or before noon on May 31, 2022, will result in dismissal of this Original Proceeding without further notice.
The Clerk of this Court is directed to immediately provide a true copy of this Order to all counsel of record.