Stare Decisis

Stare Decisis is a fundamental doctrine which reflects our concerns for stability, predictability and equal treatment. State v. Fischl, 94 Mont. 92, 20 P.2d 1057 (1933). Under this Court's policy of stare decisis, we keep faith with precedent "unless it is demonstrably made to appear that" our precedent "manifestly is wrong." State ex rel. Perry v. Dist. Ct., 145 Mont. 287, 310, 400 P.2d 648, 660 (1965) (citation omitted); see also Beach v. State, 2015 MT 118, ¶ 29, 379 Mont. 74, 85, 348 P.3d 629, 637. The burden of this demonstration is on the party seeking to overturn the precedent. See In re McCabe, 168 Mont. 334, 337, 544 P.2d 825, 827 (1975) (noting the petitioner's failure to "demonstrate any sufficient reason for this Court to overturn" its prior construction). Beach, ¶ 29.