Havens v. State

DA 25-0867 ·Direct Appeal ·Civil ·Open
Docket DA 25-0867
Type Direct Appeal — Other
Classification Civil
Outcome Reversed
Lower court case DV-23-766
Lower court judge Hon. Christopher D. Abbott

Key dates

Appeal filed Dec 18, 2025
Record filed Dec 19, 2025
Briefing started Dec 19, 2025
Appellant Opening Brief Filed Jan 29, 2026
Appellee Response Brief Filed Mar 3, 2026
Appellant Reply Brief Filed Mar 12, 2026
Briefing ended Mar 12, 2026
Sent to the court Mar 12, 2026
Submitted for decision Mar 12, 2026
Classified May 27, 2026
Opinion issued Aug 11, 2026

Calculated

from the docket dates
Appeal filed to briefing start 1
Briefing days 82
Briefing start to opening brief filed 41
Classified to Opinion 76
Close of briefing to sent to court 0
Days since filed 257
Filing date to Opinion 236
Opening to response 32
Response to reply 9
Sent to court to classified 75
Submitted for decision to Opinion 152

Tags

Five Justice Panel Non-cite opinion Open Request to File Appeal in form Pauperis Reversed

Parties

Appellee
State of Montana
Represented by Austin Miles Knudsen Thane P. Johnson Michael Noonan Michael D. Russell Alwyn T. Lansing
Appellant
Jeffrey P. Havens
Represented by Pro Se

Opinion

Havens v. State, 2026 MT 191N

Reversed on August 11, 2026, in a 5 to 0 non-cite opinion.

Summary

This case involved a challenge to Montana's Local Food Choice Act, a 2021 law (amended in 2023) that limits government regulation of homemade food sales, allowing consumers direct access to homemade food products without certain licensing or inspection requirements. Jeffrey Havens, a former state health department employee who had opposed the law while working at the Department of Public Health and Human Services, sued the State claiming the Act violated three provisions of the Montana Constitut...

Experimental — generated by Claude, not part of the Court’s opinion.

Events

most recent first
Motion for Plaintiff Bill of Costs on Appeal - held for response Aug 21, 2026 11:59 AM Motion
Opinion - Noncite/Memorandum - Justice Shea - Affirmed in Part and Remanded Aug 11, 2026 3:57 PM Opinion
Order - Classified - Five Justice Panel May 27, 2026 11:36 AM Classifying Notice
Order - IT IS HEREBY ORDERED the motion for leave to file a supplemental brief is DENIED. This matter has been sent to the Court for consideration on the briefing to date, and we will not entertain any further motions May 21, 2026 4:16 PM Order - Other
Event - Sent to Court-Pleading May 20, 2026 3:13 PM Event
Response/Objection - Response to Motion for Leave May 20, 2026 11:21 AM Response
Motion - Opposed - Motion for Leave and Supporting Affidavit - Held for Response May 18, 2026 4:26 PM Motion
Order - IT IS ORDERED that Havens's motion for leave to file a supplemental brief is DENIED May 15, 2026 1:07 PM Order - Other
Event - Sent to Court-Pleading May 7, 2026 11:00 AM Event
Notice of Withdrawal of Counsel - George Clark for Appellee Apr 28, 2026 12:51 PM Notice
Notice - Incoming - Attorney Substitution/Withdrawal - George Clark withdrawing as Counsel Apr 28, 2026 12:51 PM Notice - Incoming
Motion - Opposed - Reconsideration - Motion for Leave to File Amended reply brief - Held for response Apr 23, 2026 1:31 PM Motion
Order - IT IS HERBY ORDERED that Appellant's motion to file an amended reply brief is DENIED Apr 17, 2026 1:22 PM Order - Other
Event - Sent to Court-Pleading Apr 6, 2026 2:26 PM Event
Response/Objection - Appellee's Response to Motion to Amend Reply Brief Apr 6, 2026 2:12 PM Response
Motion - Opposed - Amend Appellant Reply Brief - held for reply Mar 26, 2026 9:40 AM Motion
Event - Case Sent to Court Mar 12, 2026 2:30 PM Classifying Notice
Notice - Outgoing - Brief Filed Mar 12, 2026 2:29 PM Notice - Outgoing
Brief - Appellant Reply Mar 12, 2026 2:28 PM Appellant Reply Brief
Notice - Outgoing - Amended Certificate of Service - Appellant Mar 4, 2026 2:39 PM Notice - Outgoing
Service - Amended Certificate of Service - Appellant Mar 4, 2026 2:38 PM Service
Notice - Outgoing - Brief Filed Mar 3, 2026 2:49 PM Notice - Outgoing
Service - Amended Certificate of Service Mar 3, 2026 10:29 AM Service
Brief - Appellee's Response Mar 3, 2026 10:27 AM Appellee Response Brief
Order - Deficiencies- Brief - Multiple Court Revisions Ordered - Five Requests for the Appellee to Comply With Mar 2, 2026 4:43 PM Order - Deficiency
Notice - Outgoing - Appellant's Opening Brief Filed Jan 30, 2026 12:47 PM Notice - Outgoing
Brief - Appellant's Opening Jan 29, 2026 4:40 PM Appellant Opening Brief
Notice - Outgoing - District Court Record Filed Dec 19, 2025 3:23 PM Record
Record - Electronic DC Record Filed in Cause DDV 2023-766 consisting of 1-87, and Case Register Dec 19, 2025 3:07 PM Record
Order - Grant-Proceed Without Pay Dec 18, 2025 2:34 PM Order - Proceed Without Pay
Notice - Outgoing - Appeal Notice Dec 18, 2025 2:31 PM Notice - Outgoing
Motion - Proceed Without Payment of Filing Fee Dec 18, 2025 2:29 PM Motion
Notice of Appeal Filed Dec 18, 2025 2:25 PM Notice