How long do I have to file a notice of appeal in Montana?

Generally 30 days from the date of entry of the judgment or order being appealed. That period runs instead from service of the notice of entry if service is required under Montana Rule of Civil Procedure 77(d), and it is 60 days rather than 30 when the United States, the State of Montana, a political subdivision, or an officer or agency of either is a party (M.R.App.P. Rule 4(5)(a)).

Does the Montana notice-of-appeal deadline run from entry of judgment or from service?

From entry of the judgment or order, unless Montana Rule of Civil Procedure 77(d) requires notice of entry to be served, in which case the 30-day or 60-day period does not begin until that notice of entry is served on the party (M.R.App.P. Rule 4(5)(a)).

Where do I file a Montana notice of appeal?

With the Clerk of the Montana Supreme Court, not the trial court clerk. Montana has no intermediate court of appeals, so a district court civil case is appealed directly to the state's highest court. A copy must be contemporaneously served for filing with the clerk of the district court and served on all parties (M.R.App.P. Rule 4(2)(a)).

Does filing a Montana notice of appeal stop the other side from collecting the judgment?

No. Filing the notice does not by itself stay enforcement. A stay requires, unless the opposing party waives the requirement, the district court's approval of a supersedeas bond with two sureties or a corporate surety; the bond is generally capped at $50 million unless the appellee shows the appellant is dissipating assets (M.R.App.P. Rule 22(1)(b); MCA 25-12-103).

Is there a mandatory form for a Montana notice of appeal?

Yes. Form 1, M.R.App.P. is the Notice of Appeal used for district court appeals to the Montana Supreme Court, found in the Appendix of Forms to the Rules of Appellate Procedure, and the notice must substantially comply with it (M.R.App.P. Rule 4(2)(a)). A separate form applies to appeals from city or justice court to district court.

How much does it cost to file a Montana notice of appeal?

$100, payable by both the appellant and any cross-appellant (MCA 3-2-403(1); confirm the current fee with the clerk). A party who cannot afford it may file a combined motion and affidavit for leave to proceed without paying the fee, on Form 3 or Form 5(a); a denial can be appealed to the court within 14 days.

How is a Montana small claims appeal different from an ordinary notice of appeal?

A small claims judgment is appealed by giving written notice to the small claims court and serving a copy on the adverse party within 10 days after entry of judgment, not by the Form 1 notice of appeal. The district court hears the appeal, but there is no trial de novo; the appeal is limited to questions of law on the record (MCA 25-35-803).

What happens after I file a Montana notice of appeal?

Absent a mediation stipulation, the appellant must order a transcript of the necessary proceedings from the court reporter in writing on the same date the notice of appeal is filed, using a request substantially complying with Form 9 (M.R.App.P. Rule 9(2)-(3)). If the notice certifies the appeal is subject to mandatory mediation under Rule 7, that process runs on a 75-day schedule.

Montana Notice of Appeal

Q: Do post-trial motions extend the Montana notice-of-appeal deadline?

Yes. A timely motion under M.R.Civ.P. 50(b), 52(b), 59, or 60(b) restarts the clock: the time to appeal for all parties runs from entry of the order granting or denying the motion, or from when the motion is deemed denied at the expiration of the 60-day period under Rule 59(f). A notice filed before the motion is decided is treated as filed on the date of the order or deemed denial.

Q: Can a Montana court extend the notice-of-appeal deadline if I miss it?

Only in extraordinary circumstances. Montana Rule of Appellate Procedure 4(6) allows an out-of-time appeal in the infrequent harsh case amounting to a gross miscarriage of justice, on verified petition with supporting affidavits and records. Mere mistake, inadvertence, or excusable neglect does not qualify, so the deadline generally cannot be extended.

Montana has no intermediate court of appeals, so district court civil appeals go straight to the Montana Supreme Court, whose clerk is where the notice of appeal itself must be filed.

Find out where you stand in Montana

Where are you in the appeal?

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Introduction

In Montana, a notice of appeal from a final civil judgment must be filed within 30 days from the date of entry of the judgment or order being appealed, unless notice of entry of judgment or order is required to be served under Montana Rule of Civil Procedure 77(d), in which case the 30 days (or 60 days) does not begin to run until that notice of entry is served; the deadline is 60 days instead of 30 when the United States, the State of Montana, a political subdivision, or an officer or agency of either is a party (M.R.App.P. Rule 4(5)(a)). A timely motion under M.R.Civ.P. 50(b), 52(b), 59, or 60(b) restarts the clock: the time to appeal for all parties runs from entry of the order granting or denying the motion, or from when the motion is deemed denied at the expiration of the 60-day period under Rule 59(f), and no separate notice of entry is then required. Any other party gets 15 days after the first notice of appeal is filed, or the otherwise-applicable time, whichever is later, to cross-appeal. The deadline generally cannot be extended by motion. Montana Rule of Appellate Procedure 4(6) allows an out-of-time appeal only in the infrequent harsh case, under extraordinary circumstances amounting to a gross miscarriage of justice, on verified petition with supporting affidavits and records; mere mistake, inadvertence, or excusable neglect does not qualify. Unlike most states, the notice of appeal is filed with the Clerk of the Montana Supreme Court, not the trial court clerk: Montana has no intermediate court of appeals, so a district court civil case goes straight to the state's highest court. A copy must be contemporaneously served for filing with the clerk of the district court and served on all parties (M.R.App.P. Rule 4(2)(a)). Filing the notice does not by itself stop the judgment creditor from collecting: enforcement continues unless a stay is obtained, which requires the district court's approval of a supersedeas bond unless the opposing party waives the bond requirement (M.R.App.P. Rule 22(1)(b)). An appeal to the Montana Supreme Court reviews the trial court record for legal error; it is not a new trial. A small claims appeal is different and is covered below. This page covers a civil appeal from a district court final judgment. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

1
The notice of appeal is due 30 days from entry of the judgment or order, extended until service if notice of entry is required to be served under M.R.Civ.P. 77(d), and 60 days instead of 30 if the United States, the State of Montana, a political subdivision, or an officer or agency of either is a party; a timely motion under M.R.Civ.P. 50(b), 52(b), 59, or 60(b) restarts the clock from entry of the order deciding the motion or its deemed denial under Rule 59(f) (M.R.App.P. Rule 4(5)(a)).
2
The deadline is generally not extendable by motion. Montana Rule of Appellate Procedure 4(6) allows an out-of-time appeal only in the infrequent harsh case, under extraordinary circumstances amounting to a gross miscarriage of justice, on verified petition with supporting affidavits; mere mistake, inadvertence, or excusable neglect is not enough.
3
File the notice with the Clerk of the Montana Supreme Court, not the trial court clerk. Montana has no intermediate court of appeals, so a district court civil case goes directly to the state's highest court, and a copy must be contemporaneously served for filing with the clerk of the district court and served on all parties (M.R.App.P. Rule 4(2)(a)).
4
The notice must be filed substantially in the form of Form 1, M.R.App.P., and must specify the parties appealing, designate the judgment or order appealed, state any Rule 54(b) certification, certify whether the appeal is subject to mandatory mediation under Rule 7, and certify service (M.R.App.P. Rule 4(2)(a), 4(4)).
5
Filing the notice of appeal costs $100, payable by both the appellant and any cross-appellant (MCA 3-2-403(1); confirm the current fee with the clerk). A party who cannot pay may file a combined motion and affidavit for leave to proceed without paying, on Form 3 or Form 5(a).
6
Filing the notice does not stop the judgment creditor from collecting. A stay of execution requires, unless the opposing party waives the requirement, the district court's approval of a supersedeas bond with two sureties or a corporate surety, generally capped at $50 million unless the appellee shows the appellant is dissipating assets (M.R.App.P. Rule 22(1)(b); MCA 25-12-103).
7
A small claims appeal is different: either party may appeal to the district court within 10 days after entry of judgment, and the appeal is not a trial de novo but is limited to questions of law on the record (MCA 25-35-803).

Key decisions before you file

Before you file a Notice of Appeal in Montana, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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[NAME] JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

v. Cause No. [CAUSE NUMBER]

[DEFENDANT NAME], Defendant.

NOTICE OF APPEAL

TO THE CLERK OF THE MONTANA SUPREME COURT AND TO THE CLERK OF THE ABOVE-NAMED DISTRICT COURT:

Notice is given that [NAME OF PARTY FILING THIS NOTICE], [PLAINTIFF OR DEFENDANT] in the above-captioned action, appeals to the Montana Supreme Court from the [JUDGMENT OR ORDER] entered in this action on [DATE OF ENTRY]. [DESCRIPTION OF THE JUDGMENT OR ORDER APPEALED, INCLUDING THE PART APPEALED IF ONLY PART OF IT IS APPEALED].

This notice is filed within [30 DAYS OR, IF A PARTY IS THE UNITED STATES, THE STATE OF MONTANA, A POLITICAL SUBDIVISION, OR AN OFFICER OR AGENCY OF EITHER, 60 DAYS] after [ENTRY OF THE JUDGMENT OR ORDER, SERVICE OF NOTICE OF ENTRY REQUIRED UNDER M.R.CIV.P. 77(d), OR ENTRY OF THE ORDER GRANTING OR DENYING, OR THE DEEMED DENIAL UNDER M.R.CIV.P. 59(f) OF, A TIMELY MOTION UNDER M.R.CIV.P. 50(b), 52(b), 59, OR 60(b)], as Montana Rule of Appellate Procedure 4(5)(a) provides. This notice substantially complies with Form 1, M.R.App.P.

RULE 54(b) CERTIFICATION

[IF APPLICABLE: This appeal is taken from a judgment certified as final under M.R.Civ.P. 54(b). A copy of the certification order is attached.]

MEDIATION CERTIFICATION

This appeal [IS OR IS NOT] subject to the mandatory mediation process of Montana Rule of Appellate Procedure 7.

Appellant understands that filing this notice does not by itself stop enforcement of the judgment, and that a stay of execution requires, unless the requirement is waived by the opposing party, the district court's approval of a supersedeas bond under Montana Rule of Appellate Procedure 22(1)(b).

DATED this [DAY] day of [MONTH], [YEAR].

Respectfully submitted,

[SIGNATURE] [NAME OF PARTY OR ATTORNEY] [ADDRESS] [CITY, MONTANA ZIP] [PHONE] [EMAIL] [STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Notice of Appeal was served by mailing to the Clerk of the [NAME] Judicial District Court and to [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] on [DATE OF SERVICE], as Montana Rule of Appellate Procedure 4(4)(d) requires.

[SIGNATURE] [NAME]

Montana Requirements for Notice of Appeal

30-Day Deadline From Entry of Judgment
The notice of appeal must be filed within 30 days from the date of entry of the judgment or order appealed, unless service of notice of entry is required under M.R.Civ.P. 77(d), in which case the period runs from that service (M.R.App.P. Rule 4(5)(a)).
60-Day Deadline When a Government Is a Party
The deadline is 60 days instead of 30 when the United States, the State of Montana, a political subdivision, or an officer or agency of either is a party to the case (M.R.App.P. Rule 4(5)(a)).
Post-Trial Motions Restart the Appeal Clock
A timely motion under M.R.Civ.P. 50(b), 52(b), 59, or 60(b) restarts the time to appeal for all parties, which then runs from entry of the order deciding the motion or from when it is deemed denied under Rule 59(f) (M.R.App.P. Rule 4(5)(a)).
Out-of-Time Appeal Requires Extraordinary Circumstances
The deadline generally cannot be extended by motion. Montana Rule of Appellate Procedure 4(6) allows an out-of-time appeal only in the infrequent harsh case amounting to a gross miscarriage of justice, on verified petition with supporting affidavits; mere mistake, inadvertence, or excusable neglect does not qualify.
Filed With the Montana Supreme Court Clerk
The notice of appeal is filed with the Clerk of the Montana Supreme Court, not the district court clerk, because Montana has no intermediate court of appeals; a copy must be contemporaneously served for filing with the clerk of the district court and served on all parties (M.R.App.P. Rule 4(2)(a)).
Official Form 1 Notice of Appeal
The notice must substantially comply with Form 1, M.R.App.P., in the Appendix of Forms to the Rules of Appellate Procedure. A different form applies to appeals from city or justice court to district court.
Required Content and Certifications
The notice must specify the party or parties appealing, designate the judgment or order appealed, state any M.R.Civ.P. 54(b) certification, certify whether the appeal is subject to mandatory mediation under Rule 7, and certify service (M.R.App.P. Rule 4(2)(a), 4(4)(a)-(d)).
$100 Filing Fee for Appellant and Cross-Appellant
Filing the notice of appeal costs $100, payable by both the appellant and any cross-appellant, unless the filer submits an affidavit for leave to proceed without paying (MCA 3-2-403(1); confirm the current fee with the clerk).
No Stay of Enforcement Without a Supersedeas Bond
Filing the notice of appeal does not stay enforcement of the judgment. A stay requires, unless the opposing party waives the requirement, the district court's approval of a supersedeas bond, generally capped at $50 million unless the appellee shows the appellant is dissipating assets (M.R.App.P. Rule 22(1)(b); MCA 25-12-103).

Find out where you stand in Montana

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Montana Requirements for Notice of Appeal

30-Day Deadline From Entry of Judgment

60-Day Deadline When a Government Is a Party

Post-Trial Motions Restart the Appeal Clock

Out-of-Time Appeal Requires Extraordinary Circumstances

Filed With the Montana Supreme Court Clerk

Official Form 1 Notice of Appeal

Required Content and Certifications

$100 Filing Fee for Appellant and Cross-Appellant

No Stay of Enforcement Without a Supersedeas Bond

Frequently Asked Questions