Associated Press v. Montana Senate Republican Caucus

This is an appeal from the District Court’s November 16, 1995 order dismissing the Appellants’ complaint. The trial court held that the Respondent Senate and House Republican and Democratic party in-session caucuses were not persons within the meaning of Rule 4A, M.R.Civ.P, and that, therefore, the court did not have jurisdiction over them. Subsequently, on July 12, 1996, the court’s order was converted into one for summary judgment, and this appeal followed. We reverse and remand for further proceedings.

Issue

We address but one issue in this appeal: Under Montana law, are the Senate and House…