§ Rule 6 — Undertaking On Appeal

Montana § Rule 6

• 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 6 . Undertaking on appeal.
(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, when the judgment is for the payment of money. The undertaking must be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from and all costs if the appeal be withdrawn or dismissed or the amount of any judgment and all costs that may be recovered against appellant in the action in the district court.
(2) 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 value of the property, including costs, when the judgment is for the recovery of specific personal property. When the action is for the recovery of specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed from and obey the order of the court made therein if the appeal be withdrawn or dismissed or pay any judgment and costs that may be recovered against appellant in said action in the district court and obey any order made by the court therein.
(3) Except as provided in subsection (4), when the judgment appealed from directs the delivery of possession of real property, the execution of the same cannot be stayed unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that:
(A) during the possession of such property by appellant, appellant will not commit or suffer to be committed any waste thereon; and
(B) if the appeal be dismissed or withdrawn or the judgment affirmed or judgment be recovered against appellant in the action in the district court, appellant will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof or appellant will pay any judgment and costs that may be recovered against appellant in said action in the district court, not exceeding a sum to be fixed by the municipal court judge of the court from which the appeal is to be taken, which sum must be specified in the undertaking.
(4) When the appealing party is determined by the court to be indigent, the district court shall waive the undertaking requirements of this rule.
(5) The provisions of Rule 8 apply to a surety upon a bond given pursuant to this rule.
(b) Undertaking when prevailing party appeals. If the party in whose favor the judgment is rendered appeals, the undertaking must be in the sum of $100 and conditioned upon the party paying all costs that may be awarded against appellant and obeying any order of court made in the action.
(c) Criminal cases. No undertaking for costs is required in appeals in criminal cases.

Legislative History

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