Notice of Appeal from City/Justice Court to District Court
Civil Handbook: Proceeding before the Montana Supreme Court without an Attorney, by the Supreme Court of Montana (87 pages, including the following forms)
Form 4(2) - Notice of Appeal
Form 4(6) - Petition for an Out-of-Time Appeal
Form 5(a) - Motion to Proceed on Appeal Without Paying the Filing Fee
Form 5(a) Inmate – Motion to Proceed on Appeal Without Paying the Filing Fee
Form 8(3) - Request for Production of Transcripts
Form 10(4) - Certificate of Service
Form 11 – Brief Checklist
Form 11(4) - Certificate of Compliance
Form 11(6)(b) – Cover Page
Form 12(1)(a) - Table of Authorities
Form 16(2) - Response and Objection to Motion
Form 16(4) - Motion to Dismiss Appeal
Form 26 - Motion for Extension of Time
Notice of Appeal (Form 1, M.R.App.P.) Appeals from District Court to Montana Supreme Court)
Notice of Cross-Appeal (Form 2, M.R.App.P.)
Motion and Affidavit in Support of Motion to Proceed on Appeal Without Payment of Filing Fee
Transcripts Deemed Necessary for Appeal Form (Form 9, M.R.App.P.)
An appeal is the process by which one of the parties to a case asks a higher court to review the decision of a lower court. Courts of appeal do not hold a new trial or take new evidence, but instead review the record of the case and decisions of lower courts or administrative agencies to determine if those decisions were legally correct.
In Montana, district court cases may be appealed to the Montana Supreme Court, which is the highest court in Montana and the final court of appeals. For city and justice court decisions, appeals may be made to district court.
The appellate process involves numerous rules and important deadlines regarding documents and procedures. Those rules, called the Montana Rules of Appellate Procedure, were written by the Montana Supreme Court. These rules must be followed by anyone filing an appeal, petition or motion with the Supreme Court.
The Montana Supreme Court produced a Civil Handbook to assist people who are representing themselves in a civil appeal from a district court ruling to the Supreme Court. Link to the Civil Handbook: Proceeding before the Montana Supreme Court without an Attorney for more information.
MCA Title 25, Ch. 21. Montana Rules of Appellate Procedure
MCA 3-2-304 Fees (Filing fees to the Montana Supreme Court)
MCA Title 25, Ch. 33. Appeal to District Court from Justices’ and City Court
MCA Title 25, Ch. 30A. Montana Uniform Municipal Court Rules of Appeal to District Court
Montana Supreme Court Internal Operating Rules
Order re: Montana Supreme Court Citation Standards
Clerk of the Montana Supreme Court, Website
Montana Supreme Court Appellate Filing Guide, from the Clerk of the Montana Supreme Court
Civil Handbook: Proceeding before the Montana Supreme Court without an Attorney, by the Supreme Court of Montana (87 pages)
Standards of Review Handbook, from the Montana Supreme Court