§ Rule 5 — Time For Filing Notice Of Appeal

Montana § Rule 5

• Jurisdiction: Montana
• Title 25: CIVIL PROCEDURE
• Ch. 30A: MONTANA UNIFORM MUNICIPAL COURT RULES OF APPEAL TO DISTRICT COURT
• Part 2200: II. Appeals From Municipal Court Judgments

Text

Rule 5 . Time for filing notice of appeal.
(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 as provided by these rules.
(3) Appeal of an order of protection. An order of protection made pursuant to §§ 40-4-121 or 40-15-201 , MCA, is immediately reviewable by the district court upon filing the notice of appeal. No undertaking is required for an appeal from an order of protection.
(b) Appeal in criminal cases.
(1) Scope of appeal by state. The scope of appeal by the state is governed by § 46-20-103 , MCA.
(2) Scope of appeal by defendant. The scope of appeal by the defendant is governed by § 46-20-104 , MCA.
(3) Notice of appeal. In criminal cases an appeal from a judgment must be taken within 10 days. An appeal from an order or judgment under § 46-20-103 , MCA, must be taken within 10 days.
(4) No undertaking required in criminal cases. No undertaking for costs is required for appeals in criminal cases.

Legislative History

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