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24.9.403    FORM AND CONTENT OF PETITION

(1) Petitions for declaratory ruling shall contain each of the following:

(a) The name and address of the petitioner.

(b) A statement of the interest or aggrievement of the petitioner in seeking a declaratory ruling and the reason for the filing of the petition.

(c) A detailed statement of facts showing the justification for a declaratory ruling.

(d) The statute, rule or legal authority which supports the issuance of a declaratory ruling.

(e) The contentions of law or authority in support of the petition.

(f) The precise questions of fact or law presented for decision.

(g) The specific relief requested should the petition be granted.

(h) A statement of the names, addresses and interests of all persons known to be interested in the declaratory ruling which is being sought and those whose interests may be materially affected by the declaratory ruling which is sought.

(i) A statement of the reasonable efforts made by the petitioner to identify interested or affected persons.

(2) If the petitioner fails to adequately identify its interest, or need for a declaratory ruling, or if a petitioner fails to adequately identify interested or affected persons or attempts to identify them, the petition may be summarily dismissed.

History: 49-2-204, 49-3-106, MCA; IMP, 2-4-501, 49-2-401, 49-3-105, MCA; NEW, 1988 MAR p. 2308, Eff. 10/28/88.

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