Summary
This Montana document concerns the Uniform District Court Rules and presents a revised standard form for requesting excusal from jury service. It replaces the notary requirement with an unsworn declaration under penalty of perjury and explains the Uniform District Court Rules Commission’s reasons for approving the revision, including references to Montana statutory provisions.
Topics
Practice areas
Questions Presented
- Whether the Montana Supreme Court should approve and adopt the revised standard Affidavit of Excusal for prospective jurors.
- Whether an unsworn declaration under penalty of perjury may replace the notary requirement for the juror-excusal form under Montana law.
Holdings
- The Montana Supreme Court approved the revised Affidavit of Excusal form, including removal of the notary block and addition of a declaration under penalty of perjury.
Key quotations
“I declare under penalty of perjury and the laws of the state of Montana that the foregoing is true and correct.”
Factual background
The Uniform District Court Rules Commission reviewed the standard Affidavit of Excusal used by prospective jurors. The proposed revision removed the notary requirement and added a declaration that the signer attests under penalty of perjury that the statement is true and correct. The revision was intended to facilitate requests from elderly, chronically ill, and rural or remote Montana residents and to expedite responses to jury-service notices.
Procedural history
The Automation Committee of the Montana Association of Clerks of District Court proposed removing the notary block from the standard Affidavit of Excusal and replacing it with an unsworn declaration under penalty of perjury. The proposal was submitted to and revised by the Uniform District Court Rules Commission, which approved the revised form before submitting it to the Montana Supreme Court for adoption.