35-14-126. Appeal from secretary of state — refusal to file document. (1) If the secretary of state refuses to file a document delivered for filing, the person that delivered the document for filing may petition the district court of the first judicial district to compel its filing. The document and the explanation of the secretary of state of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.

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Terms Used In Montana Code 35-14-126

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The court may order the secretary of state to file the document or take other action the court considers appropriate.

(3)The court’s final decision may be appealed as in other civil proceedings.