§ Rule 10 — Transmission Of The Record

Rule 10 . Transmission of the record.
(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 Rule 9(b) and take any other action necessary to enable the clerk of the municipal court to assemble and transmit the record.
(b) Time for transmission--criminal cases. The record on appeal shall be transmitted to the clerk of the district court within 30 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 Rule 9(b) and take any other action necessary to enable the clerk of the municipal court to assemble and transmit the record.
(c) Duty of municipal court to transmit the record. When the record is complete for purposes of appeal, the clerk of the municipal court shall transmit it to the clerk of the district court. The clerk of the municipal court shall forward the electronic recording of the case to the district court, together with all papers and exhibits filed, certified to be accurate and complete. When the record is received and filed with the clerk of the district court, the clerk of the district court shall notify the parties in writing.
(d) Electronic recording. The electronic recording will not be transcribed for transmission to the district court, except as provided by subdivision (f).
(e) Stenographic record. A stenographic record is not required. A stenographic record will not be transcribed if the proceedings have been electronically recorded. If no electronic recording of the proceedings was made and it was stenographically recorded, the clerk of the municipal court shall transmit the transcript of the case to the district court. The appellant shall order from the reporter a transcript of the proceedings for transmission to the district court. The reporter shall certify the correctness of the transcript. Copies of the transcript shall be sent to all the parties. The appellant shall be liable for the costs of the transcript.
If the transcript is not filed with the clerk of the municipal court within the time for transmission to the district court, or within an extension previously granted, the clerk of the municipal court shall forward to the district court the record of the case without the transcript.
(f) Duty of appellant. It is the duty of the appellant to perfect the appeal. The appellant may have parts or all of the electronic recording transcribed for transmission to the district court. The appellant shall be liable for the costs of the transcript. It is the duty of the appellant to present the district court with a record sufficient to enable it to rule upon the issues of law raised. Failure to present the district court with a sufficient record on appeal may result in dismissal of the appeal.
(g) Extension of time. The municipal court may extend the time for transmitting the record. The municipal court shall not extend the time to a day more than 30 days past the time for transmission of the record under this rule.
(h) Transmission effected. Transmission of the record is effected when the clerk of the municipal court mails or otherwise forwards the record to the district court. The clerk of the municipal court shall indicate, by endorsement on the record or otherwise, the date the record is transmitted to the district court.
(i) District court fees--civil cases. In a civil case appealed to the district court, the appellant within 5 days of the transmission of the record shall pay to the clerk of the district court the district court fee required under § 25-1-201 , MCA. Upon the failure of the appellant to pay the district court fee the district court may order dismissal of the appeal, except for appeals in forma pauperis under Rule 11.

Legislative History

En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.