10/12/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 23-0288
DA 23-0288
_________________
PLANNED PARENTHOOD OF MONTANA, and
SAMUEL DICKMAN, M.D., on behalf of
themselves and their patients,
Plaintiffs and Appellees,
v.
STATE OF MONTANA, by and through AUSTIN ORDER
KNUDSEN, in his official capacity as Attorney
General, the MONTANA DEPARTMENT OF
PUBLIC HEALTH & HUMAN SERVICES, and
CHARLIE BRERETON, in his official capacity as
Director of the Department of Public Health and
Human Services,
Defendants and Appellants.
_________________
The parties have filed with this Court a stipulation to correct several errors in the
official transcript of proceedings, citing M. R. App. P. 8(6). Upon review, the Court
determines that the stipulation is not properly before this Court. Rule 8(6), Correction or
Modification of the Record, provides in its entirety:
If any difference arises as to whether the record accurately discloses what
occurred in the district court, the difference shall be submitted to and settled
by the district court within the time provided for transmission of the record
or within such time as the district court may for good cause permit, and the
record made to conform to the truth. If anything material to either party is
omitted from the record by error or accident or is misstated therein, the
parties by stipulation, or the district court, on motion of a party or upon its
own motion, either before or after transmission of the record to the supreme
court, may order that the omission or misstatement be corrected and, if
necessary, that a supplemental record be certified and transmitted. All other
questions as to the form and content of the record shall be presented to the
supreme court.
Although the Rule lacks some clarity regarding a stipulation to correct a misstatement in
the record, the authority to approve such a correction appears to rest with the District
Court.
IT IS THEREFORE ORDERED that the parties are directed to present their
stipulation to the District Court for approval.
The Clerk shall provide notice of this Order to all counsel of record.
2 Electronically signed by:
Beth Baker
Justice, Montana Supreme Court
October 12 2023