Montana § 25-33-104 Papers To Be Transmitted

Montana Statutes

§ 25-33-104 — Papers To Be Transmitted

Montana·Title 25 CIVIL PROCEDURE·Ch. 33 APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS·Part 1 Filing the Appeal

25-33-104 . Papers to be transmitted. Upon the filing of the notice of appeal and the undertaking when required by 25-33-201 , 25-33-203 , and 25-33-205 , the justice or judge shall, within 10 days, upon the payment of the fees for filing, transmit to the clerk of the district court a certified copy of the docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking. The justice or judge may be compelled by the district court, by an order entered upon motion, to transmit the papers and may be fined for neglect or refusal to transmit the papers. A certified copy of the order may be served on the justice or judge by the party or the party's attorney.

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25-33-104 . Papers to be transmitted. Upon the filing of the notice of appeal and the undertaking when required by 25-33-201 , 25-33-203 , and 25-33-205 , the justice or judge shall, within 10 days, upon the payment of the fees for filing, transmit to the clerk of the district court a certified copy of the docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking. The justice or judge may be compelled by the district court, by an order entered upon motion, to transmit the papers and may be fined for neglect or refusal to transmit the papers. A certified copy of the order may be served on the justice or judge by the party or the party's attorney.

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Legislative History

En. Sec. 639, p. 170, Bannack Stat.; re-en. Sec. 744, p. 186, Cod. Stat. 1871; re-en. Sec. 804, 1st Div. Rev. Stat. 1879; re-en. Sec. 824, 1st Div. Comp. Stat. 1887; en. Sec. 1762, C. Civ. Proc. 1895; re-en. Sec. 7123, Rev. C. 1907; re-en. Sec. 9756, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 977; re-en. Sec. 9756, R.C.M. 1935; R.C.M. 1947, 93-7903; amd. Sec. 127, Ch. 575, L. 1981; amd. Sec. 1, Ch. 63, L. 1991; amd. Sec. 505, Ch. 56, L. 2009.