In addition to carefully reviewing the Filing Procedures section on this website, you should keep in mind:

TYPES OF CASES

• If you wish to make a filing with the Montana Supreme Court, you should know that the Montana Supreme Court primarily reviews two types of proceedings. It reviews either timely appeals from final orders or judgments issued by Montana District Courts; or this Court reviews petitions for writs which are considered original proceedings before this Court.

Appeals: If you are attempting to file a timely appeal, for example an appeal from a district court denial of postconviction relief, the Montana Rules of Appellate Procedure provide that a Notice of Appeal or Cross-Appeal must be filed in The Office of the Clerk of the Supreme Court. A copy of the Notice of Appeal or Cross-Appeal shall be contemporaneously served in The Office of the Clerk of The District Court from which the appeal is originating, and served on all parties. The time for filing a notice must be within 30 days of entry of judgment in civil causes, and within 60 days in criminal causes. A "notice of appeal" form can be obtained from the " Forms" section of this website.

Writs: If you are attempting to file an original proceeding in the form of a petition for writ (habeas corpus is an example), you must submit that petition in the proper form pursuant to Rule 14 of the Montana Rules of Appellate Procedure.

FILER RESPONSIBILITY

• Certificates of Service: Please note that any filing submitted in a case before the Montana Supreme Court must be accompanied with an originally signed and dated CERTIFICATE OF SERVICE, indicating that the filing party has served (by mail is sufficient) the document on the opposing party. It is not the responsibility of the Clerk’s office to serve a party’s document. A "Certificate of Service" form can be obtained from the Forms section of this website.

• Fees: Civil Appeals and all Original Proceedings (i.e. petitions for writs) require a $100.00 filing fee. If a party cannot afford to pay the filing fee, the party must submit an signed, dated, and notarized affidavit to proceed without payment of filing fee. A form can be obtained from the Forms section of this website.