Montana Statutes

§ 46-17-404 — Appeals

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 17 LOWER COURT PROCEEDINGS·Part 4 Procedure in Municipal Court

46-17-404 . Appeals.

(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, except:
(a)if the judgment of the municipal court includes incarceration, no minimum amount in controversy may be required for appeal; and
(b)upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.

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Legislative History

En. Sec. 17, Ch. 177, L. 1935; re-en. Sec. 5094.17, R.C.M. 1935; amd. Sec. 9, Ch. 429, L. 1977; R.C.M. 1947, 11-1717(1), (2).

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