§ 25-33-201 — Undertaking On Appeal

Montana § 25-33-201

• Jurisdiction: Montana
• Title 25: CIVIL PROCEDURE
• Ch. 33: APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS
• Part 2: Undertaking on Appeal -- Stay of Execution

Text

25-33-201 . Undertaking on appeal. (1) Except as provided in subsection (4), an appeal from a justice's or city court is not effectual for any purpose unless an undertaking is 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recovery of money, that the appellant will pay the amount of the judgment appealed from and all costs if the appeal is withdrawn or dismissed or the amount of any judgment and all costs that may be recovered against the appellant in the action in the district court.
(2) Except as provided in subsection (4), an appeal from a justice's or city court is not effectual for any purpose unless an undertaking is 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will pay the judgment and costs appealed from and obey the order of the court made in the action if the appeal is withdrawn or dismissed or pay any judgment and costs that may be recovered against the appellant in the action in the district court and obey any order made by the court in the action.
(3) Except as provided in subsection (4), when the judgment appealed from directs the delivery of possession of real property, the execution of the judgment cannot be stayed unless a written undertaking is executed on the part of the appellant, with two or more sureties, to the effect that:
(a) during the possession of the property by the appellant, the appellant will not commit or suffer to be committed any waste on the property; and
(b) if the appeal is dismissed or withdrawn or the judgment is affirmed or judgment is recovered against the appellant in the action in the district court, the appellant will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession of the property or the appellant will pay any judgment and costs that may be recovered against the appellant in the action in the district court, not exceeding a sum to be fixed by the justice or 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 section.

Legislative History

En. Sec. 638, p. 169, Bannack Stat.; re-en. Sec. 743, p. 185, Cod. Stat. 1871; re-en. Sec. 803, 1st Div. Rev. Stat. 1879; re-en. Sec. 823, 1st Div. Comp. Stat. 1887; amd. Sec. 1763, C. Civ. Proc. 1895; en. Sec. 1, Ch. 186, L. 1907; Sec. 7124, Rev. C. 1907; re-en. Sec. 9757, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 978; re-en. Sec. 9757, R.C.M. 1935; R.C.M. 1947, 93-7904(part); amd. Sec. 128, Ch. 575, L. 1981; amd. Sec. 2, Ch. 63, L. 1991; amd. Sec. 506, Ch. 56, L. 2009.