Title 25, Title 25

(a) It shall be the duty of a party obtaining any order, judgment, warrant, summons, subpoena or like order to present the same in written form for the signature of the judge at the time of applying for the same. (b) Two copies of any order, warrant, summons, subpoena, or like or…

(a) When a case is set for trial the parties shall file with the court a written request for subpoenas for all known witnesses, and for any additional witnesses as soon as they are ascertained. (b) The requesting party shall cause the subpoenas to be served as provided by law. (c…

(1) The provisions of 3-10-222, 3-10-231 through 3-10-234, and 3-10-704 through 3-10-706; 25-31-102(2), 25-31-115, 25-31-402, 25-31-405, parts 7 through 11 of chapter 31 of this title (except 25-31-1002), and chapter 33 of this title; and chapter 9, part 10 of chapter 16, chapter…

(1) (a) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in subsection (2), all fees and fines collected by the court must be paid into the city treasury. (b) Fees assessed in municipal court may not…

The summons in municipal court shall be signed by the clerk and shall conform to the provisions of Rules 4 and 12(a), M.R.Civ.P., except that the time for answering is 10 days.

Whenever the answer contains a counterclaim or any new matter, the plaintiff shall within 5 days after the service and filing of the answer reply to the counterclaim or new matter in the manner and form provided for in Rules 7(a), 8(d)(2) and (d)(3), and 10(b), M.R.Civ.P.

In civil causes arising under the state law, either party shall be entitled to a jury trial, as provided in justices' courts, except that the police officer shall perform the duties thereto prescribed to the sheriff or constable.

In civil causes, judgments in municipal court shall be made and entered as in district court and shall be of like tenor and effect.

The same costs shall be allowed as are allowed in justices' courts and shall be taxed and retaxed as in district court, 24 hours being allowed for filing memorandum of costs.

(1) A party may appeal to district court from a judgment of municipal court. (2) Appeal from a municipal court may be limited by requiring by ordinance that a minimum amount in controversy, not to exceed $200, be met before the district court has jurisdiction to hear the appeal, …

(1) At the discretion of the court, a party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if: (a) the party does not need to or intend to offer evidence at the pretrial conference or hearing; an…

Form 1.NOTICE OF APPEAL TO A DISTRICT COURT FROM AJUDGMENT OR ORDER OF A MUNICIPAL COURT. IN THE MUNICIPAL COURT OF THE CITY OF........., IN THE COUNTY OF..............., STATE OF MONTANA A.B., Plaintiff, vs. Notice of Appeal C.D., Defendant. Notice is hereby given that C.D., def…

(a) Rules govern procedure. These rules govern procedure for appeals in civil and criminal cases from a municipal court judgment or order to a district court. The party appealing is known as the appellant and the adverse party as the respondent. (b) Limitation of appeals. Appeal …

(a) Time for transmission--civil cases. The record on appeal shall be transmitted to the clerk of the district court within 10 days after the filing of the notice of appeal or within an extension by order entered under subdivision (g) of this rule. The appellant shall comply with…

(a) Application to municipal court. A party in a civil case who desires to proceed on appeal in forma pauperis shall file in the municipal court a motion for leave so to proceed together with an affidavit showing, in the detail prescribed by Form 2 of the Appendix of Forms, the p…

(a) Filing. Papers required or permitted to be filed must be placed in the custody of the clerk within the time fixed for filing. Filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the papers are actually received within the time fixe…

(a) Brief of appellant. The requirement of appellants brief is fulfilled by a simple written memorandum or statement setting forth the judgment or order appealed from, the facts relevant to the issues presented for review, the points of error for the appeal, special points and le…

(a) Time for filing briefs. The appellant shall serve and file a brief within 15 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 15 days after service of the brief of the appellant. The appellant may serve and file a re…

(a) District courts time for decision. The district court shall consider and decide appeals brought under these rules within a reasonable period of time after the filing of the reply brief permitted. (b) Decision. The district court shall render a decision upon the record and bri…

(a) Dismissal of appeal upon delay--costs and damages. For failure to prosecute an appeal or unnecessary delay in a civil action, the district court may order the appeal dismissed, with costs, and if it appears to the district court that the appeal was made solely for delay, the …

The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal.

(a) Notice and copy of decision to be furnished. Upon the decision of a cause, notice thereof, together with a copy of the courts written order or opinion, will immediately be mailed to each party or their counsel. (b) Remittitur--when issued--when copy of opinion to accompany. R…

All motions to the court for an order shall be in writing and served upon all parties to the appeal or their counsel.

(a) Review limited to record. Appeal from a municipal court judgment is confined to the record and questions of law. (b) Record on appeal. The record on appeal to the district court consists of an electronic recording or stenographic transcription of a cause tried, together with …

(a) Computation of time. When the computation of any period of time prescribed or allowed by these rules is by order of court or by an applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last d…

If the parties to an appeal or other proceeding shall sign and file with the clerk an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, and shall give to each par…

These rules shall be known as the Uniform Municipal Court Rules of Appeal to District Court and may be cited as U.M.C.R.App.

Upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.

(a) Filing notice of appeal. An appeal shall be taken by filing a timely notice of appeal in the municipal court. (b) Joint or consolidated appeals. Two or more persons with interests making joinder practicable, may file a joint notice of appeal, or may join in appeal after filin…

(a) Appeals in civil cases. (1) Notice of appeal. In civil cases notice of appeal required by Rule 4 shall be filed with the clerk of the municipal court within 30 days after the rendition of the judgment. (2) Undertaking. An appeal is not effective until an undertaking is filed …

(a) Undertaking on appeal in civil cases. (1) Except as provided in subsection (4), an appeal from a municipal court is not effectual for any purpose unless an undertaking be filed, with two or more sureties, in a sum equal to twice the amount of the judgment, including costs, wh…

(a) Stay in civil cases. (1) Stay of judgment or order. Except when an undertaking is required under Rule 6(a), upon filing a notice of appeal from a judgment or order the appellant may apply to the municipal court on notice or ex parte for a stay of the execution of the judgment…

(a) Justification of sureties. The adverse party may except to the sufficiency of the sureties within 5 days after the filing of the undertaking, and unless they or other sureties justify before the municipal court judge or a judge of the district court of the county in which suc…

(a) Composition of the record on appeal. The record on appeal to district court consists of the notice of appeal, an electronic recording or stenographic transcription of the case tried, together with the judgment entered and all papers and exhibits filed in the municipal court. …

In a justice's or city court, a cost bill is not required to be filed, but the justice or judge shall tax the costs and make an itemized statement of all the costs incurred by each party in the docket.

(1) The parties to an action in a justice's court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such co…

(1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall susp…

The sheriff, constable, or levying officer to whom the execution is directed shall execute the the execution in the same manner as the sheriff or levying officer is required by the provisions of Title 25, chapter 13, to proceed upon executions. When an execution is directed to a …

The provisions of part 3 of chapter 14 in relation to the examination and discharge of a defendant imprisoned on execution in a civil action shall apply to justices' courts, and justices of the peace shall have the same powers in their courts as are by said sections granted to th…

Because justices' courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts or which have been made applicable by special provisions …

When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the name of the office, when the judgment is to be paid by the county, an execution may not issue upon the judgment, but the judgment must be paid in the sa…

The following is the schedule of fees that, except as provided in 25-35-605, must be paid in every civil action in a justice's court: (1) when a complaint is filed, the following fee to be paid by the plaintiff: (a) $30 beginning July 1, 2013; (b) $35 beginning July 1, 2014; and …

All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing herein contained shall restrict or prevent the bringing of suits in forma pauperis as provided by law.

In civil cases arising in justices' courts wherein an undertaking is required by this chapter, the plaintiff or defendant may deposit with said justice a sum of money equal to the amount required by said undertaking, which said sum of money shall be taken as security in place of …

(1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the justice's court when any person appears before a justice of the peace and executes an affidavit setting forth the nature …

All actions for the recovery of the possession of real property must be commenced in the county in which the real property, or any part thereof, affected by such action or actions is situated.