Title 25, Title 25

IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.NOTICE REQUIRING FILING OF AMENDED NOTICE OF APPEAL OR CROSS-APPEAL _________________________________, Defendant…

IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.SELECTION OF MEDIATOR _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. COM…

IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.ORDER OF MEDIATOR APPOINTMENT _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appel…

IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.STATEMENT OF POSITION _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. A s…

IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.MEDIATOR'S REPORT _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. As a re…

IN THE DISTRICT COURT OF THE _____ JUDICIAL DISTRICTIN AND FOR THE COUNTY OF ____________________STATE OF MONTANA _________________________________,Plaintiff/PetitionerCause Number ___________ v.NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL _________________________________,D…

(1) These rules shall be referred to as the Montana Rules of Appellate Procedure and shall be cited as M. R. App. P. (2) These rules shall govern proceedings before the supreme court.

(1) Filing. (a) Generally. Papers required or permitted to be filed must be placed in the custody of the clerk of the supreme court within the time fixed for filing. Filing may be accomplished by mail addressed to the clerk of the supreme court, but filing shall not be timely unl…

(1) Form of briefs, appendices, petitions, including petitions for writs, motions, and other papers. Briefs, appendices, petitions, motions, and other papers shall be produced by any standard printing, word processing, typewriting, or equivalent process capable of producing a cle…

(1) Brief of the appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated: (a) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to…

(1) Time for filing briefs. The appellant shall serve and file a brief within 30 days after the date on which the record is filed. The appellee shall serve and file an answer brief within 30 days after service of the brief of the appellant. The appellant may serve and file a repl…

(1) Jurisdiction. The supreme court is an appellate court but is empowered by Article VII, Sections 1 and 2 of the Constitution to hear and determine such original and remedial writs as may be necessary or proper to the complete exercise of its jurisdiction. (2) Extraordinary wri…

(1) Definitions. In this rule: (a) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. (b) "Tribe" means a tribe, band, or village of native…

(1) Form and content. Unless another form is prescribed by these rules, an application for an order or other relief shall be made by filing a motion in writing for such order or relief with the clerk of the supreme court. The motion shall state with particularity the grounds ther…

(1) Standards. Oral argument will be allowed upon order of the supreme court. All cases not designated for oral argument will be decided on the basis of the briefs and the record on appeal. (2) Order regarding argument. The supreme court shall, by order, schedule and specify the …

(1) Media coverage. (a) Provided that the orderly procedures of the supreme court are not impaired or interrupted, the media is welcome to record and photograph, or broadcast by radio or television or other means, the oral arguments of the supreme court. (b) No person or organiza…

(1) Dispositions. Dispositions are as follows: (a) Affirm. The supreme court's decision to uphold a decision of the district court constitutes an affirmance of that portion of the judgment or order of the district court from which the party took the appeal. (b) Reverse. The supre…

(1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court: (a) Appellant. The party who appeals from and usually seeks reversal of a decision in the district court. A pa…

(1) Criteria for petitions for rehearing. (a) The supreme court will consider a petition for rehearing presented only upon the following grounds: (i) That it overlooked some fact material to the decision; (ii) That it overlooked some question presented by counsel that would have …

(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision. (2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs tha…

(1) Motion for stay in the district court. (a) A party shall file a motion in the district court for any of the following relief: (i) To stay a judgment or order of the district court pending appeal; (ii) For approval of a supersedeas bond; or (iii) For an order suspending, modif…

(1) The district court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to insure payment of costs on appeal in a civil case. The provisions of rule 24 apply to a surety upon a bond given pursuant to this rule. (2) No…

(1) Surety's justification. A party may file an objection to the sufficiency of any bond or undertaking within 30 days after the filing of such bond or undertaking. The party filing the bond or undertaking, or the surety or sureties used by the party to file the bond or undertaki…

(1) Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the supreme court in a civil case, the personal representative of the deceased party may be substituted as a party on motion filed by any party with the clerk of …

(1) Extension of time - generally. Except as provided in section (2) of this rule, the supreme court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, and may thereby permit an act to be done after the expiration of …

Irrespective of the requirements of M. R. Civ. P. 5.1, a party who challenges the constitutionality of any act of the Montana legislature in any action, suit, or proceeding in the supreme court to which neither the state nor any agency or any officer or employee thereof, in the o…

The clerk of the supreme court shall attest the minutes of the supreme court as true and correct.

(1) Application for suspension. In the interest of expediting decision on any matter before it, or for other good cause shown, the supreme court may, except as otherwise provided in section (2) of this rule, suspend the requirements or provisions of these rules on application of …

All time limits set forth in these rules for filing documents or performing any act are actual time limits. In order to comply with a time-specific requirement, the document must be filed or the act performed on or before the last day of the time specified. In computing any perio…

(1) Scope. This rule applies to an appeal from an order denying or dismissing a petition filed by a minor under age 16 to waive parental consent to an abortion, pursuant to Title 50, Chapter 20. In such appeals, this rule supersedes the other appellate rules to the extent they ma…

(1) Judgments defined. (a) Final judgment. A final judgment conclusively determines the rights of the parties and settles all claims in controversy in an action or proceeding, including any necessary determination of the amount of costs and attorney fees awarded or sanction impos…

(1) Motion and affidavit to proceed without paying the filing fee - general. A party in a civil appeal or in an original proceeding for a writ in the supreme court who desires to proceed without payment of the required filing fee shall file a combined motion and affidavit in the …

(1) What a court may review upon appeal from a judgment. A party may appeal from a final judgment in an action or special proceeding and from those final orders specified in sections (2), (3), and (4) of this rule. Upon appeal from a final judgment entered in an action or special…

(1) Statement of purposes. The mandatory appellate alternative dispute resolution procedure is designed to achieve the following goals: (a) Provide an alternative means to resolve certain civil appeals and to enhance public confidence in the appellate process; (b) Help the partie…

(1) Composition of the record on appeal - generally. Except as otherwise provided in these rules, the original papers and exhibits filed in the district court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the district …

(1) Time for transmission - duty of appellant - generally. The record on appeal, including any transcript in the format required by rule 8(4)(b), shall be transmitted to the supreme court within 40 days after the filing of the notice of appeal unless the time is reduced or extend…