How to Appeal a Court’s Decision in Montana?
You must file an appeal within thirty days after a final ruling of which you disagree and want to contest. The first step to filing your appeal in Montana is submitting a notice of appeal to the district court Clerk.
Notice of Appeal
The state of Montana allows electronic filing for most forms, and you can access this system on their government website. The notice of appeal is the first step in alerting the court and the opposition that you are contesting the ruling of the case. Your notice of appeal must have the following information:
- Names and addresses of all parties involved.
- Designate the case and judgment being reviewed.
- Name of the district court where it was processed.
- Notice of appeal filing fee - $505.
The district court Clerk will serve the other parties with copies of your notice of appeal.
The court decides the timetable for briefs to be due so do not submit your brief until you receive the "time schedule" from the appellate court. At the very least your brief should include the following information:
- A corporate disclosure statement if required.
- Table of contents.
- Table of authorities.
- Jurisdictional statement.
- Statement of the issues.
- A concise statement of the case facts.
- Summary of the argument.
- The argument with citations and references to precedent cases or court documents.
- Certificate of compliance
You also have the option to present an oral argument in front of the judges to fortify your position.positione will be limited, and you must be brief. Not all cases are allowed oral arguments.
In criminal cases, the appeal process generally takes 4-5 months. For civil cases, it takes ap-proximately 12-20 months and then another three months to a year for the judges to come to a decision and publish their opinion.
If you disagree with the final opinion, you can petition to have it review again or taken to a higher court, The Supreme Court. You have only fourteen days after the appellate court’s final opinion to file your petition.