reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 14. Representation

Rule 14. Representation.
(a) A party may represent oneself, or be represented by counsel.
(b) Except as provided in (c) below, no representation can be made on behalf of a party by another person except an attorney duly licensed by the State of Montana. A nonresident attorney may be permitted to represent a party upon motion of a licensed resident attorney as allowed under Section IV, Pro Hac Vice, of the 1998 Rules for Admission to the Bar of Montana.
(c) Unless the articles of organization state otherwise, a member with a majority interest in a limited liability company may represent the limited liability company as an attorney in justice's court as provided in 25-31-601.
(d) Death or removal of an attorney shall be governed by Rule 10 of the Uniform District Court Rules.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 13, 1993; redes. Rule 14 by Sup. Ct. Ord. Aug. 31, 1994; amd. Sup. Ct. Ord. Feb. 15, 2000, eff. Feb. 15, 2000; amd. Sup. Ct. Ord. No. AF 19-0073, June 25, 2019, eff. June 25, 2019.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 15. Office hours

Rule 15. Office hours.
(a) On judicial days, regular office hours shall be designated by the court for the transaction of business. Notice of the hours shall be posted in the court's office.
(b) The court shall establish a regular time for initial appearances and arraignments on traffic and criminal actions. Notice of the time set shall be posted in the court's office.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 14, 1993; redes. Rule 15 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 16. Pre-trial conference

Rule 16. Pre-trial conference.
(a) Pre-trials conferences shall be governed by Rule 14 of the Montana Justice and City Court Rules of Civil Procedure.
(b) Unless otherwise ordered by the court no pre-trial conference will be set. A party may request a pre trial conference not less than seven (7) days before trial.
(c) An attorney representing a party at a pre-trial conference shall appear with sufficient authority from the party so as to expedite the settlement of the action.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 15, 1993; redes. Rule 16 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 17. Payment of bonds

Rule 17. Payment of bonds.
(a) Bonds established by the judge in a schedule of bail for offenses may be paid to the court during business hours on every day except nonjudicial days. The schedule of bail shall be posted in the court's office.
(b) Bonds shall only be returned in the name of the person who deposited the same.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 16, 1993; redes. Rule 17 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 18. Continuances

Rule 18. Continuances.
(a) A continuance or resetting of a trial or hearing may be granted upon a showing of good cause. The motion for continuance must be made in writing and served upon the opposing party or counsel.
(b) No continuance will be granted if not timely made. A continuance will not be granted if a party appears at the time set for a hearing or trial unprepared.
(c) A continuance will not be granted except for good cause, without timely notice given to all parties.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 17, 1993; redes. Rule 18 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 19. Jury instructions

Rule 19. Jury instructions.
(a) In criminal actions, the general criminal jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given.
(b) In civil actions the general civil jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given.
(c) Any party may request special jury instructions. All proposed jury instructions and verdict forms must be delivered to the court in duplicate and a copy served upon all opposing parties not less than twenty-four (24) hours before trial.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. May 13, 1997, eff. May 13, 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 20. Voir dire

Rule 20. Voir dire.
Unless for good cause shown, voir dire examination shall be limited to thirty (30) minutes for each party. Requests for additional time are to be made prior to voir dire examination.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 21. Time computation

Rule 21. Time computation.
(a) Time shall be computed as provided under Rule 6 of the Montana Justice and City Courts Rules of Civil Procedure.
(b) When the period of time prescribed or allowed is ten days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-101. Applicability of district court and justice's court rules

25-30-101. Applicability of district court and justice's court rules.
(1) The provisions of 3-10-222, 3-10-231 through 3-10-234, and 3-10-704 through 3-10-706; 25-31-102(2), 25-31-115, 25-31-402, 25-31-405, parts 7 through 11 of chapter 31 of this title (except 25-31-1002), and chapter 33 of this title; and chapter 9, part 10 of chapter 16, chapter 17, and part 15 of chapter 18 of Title 27 are applicable to municipal courts except when they are inconsistent with the provisions of this chapter and chapter 6 of Title 3, the words "municipal court" being substituted for justice's court and "judge" for justice of the peace.
(2) Except as otherwise provided by this chapter, chapter 6 of Title 3, and the supreme court's rules on disqualification of judges, the proceedings and practice in municipal court must be the same as in district court.
History: (1)En. Sec. 11, Ch. 177, L. 1935; re-en. Sec. 5094.11, R.C.M. 1935; amd. Sec. 9, Ch. 344, L. 1977; amd. Sec. 8, Ch. 429, L. 1977; Sec. 11-1711, R.C.M. 1947; (2)En. Sec. 20, Ch. 177, L. 1935; re-en. Sec. 5094.19, R.C.M. 1935; Sec. 11-1719, R.C.M. 1947; R.C.M. 1947, 11-1711(1), 11-1719(part); amd. Sec. 2, Ch. 409, L. 1979; amd. Sec. 111, Ch. 575, L. 1981; amd. Sec. 24, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-102. Fees and fines -- collection

25-30-102. Fees and fines -- collection.
(1) (a) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in subsection (2), all fees and fines collected by the court must be paid into the city treasury.
(b) Fees assessed in municipal court may not exceed the fees authorized to be paid to a justice's court in 25-31-112.
(2) (a) The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court. The fee incurred by the municipal court must be added to the judgment.
(b) In the event that a private person or entity is retained to collect a judgment, the municipal court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The municipal court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment.
History: En. Sec. 18, Ch. 177, L. 1935; re-en. Sec. 5094.18, R.C.M. 1935; amd. Sec. 10, Ch. 429, L. 1977; R.C.M. 1947, 11-1718; amd. Sec. 1, Ch. 63, L. 1999; amd. Sec. 10, Ch. 515, L. 2001; amd. Sec. 5, Ch. 510, L. 2003.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-103. Summons -- time for answer

25-30-103. Summons -- time for answer.
The summons in municipal court shall be signed by the clerk and shall conform to the provisions of Rules 4 and 12(a), M.R.Civ.P., except that the time for answering is 10 days.
History: En. Sec. 10, Ch. 177, L. 1935; re-en. Sec. 5094.10, R.C.M. 1935; amd. Sec. 8, Ch. 344, L. 1977; amd. Sec. 7, Ch. 429, L. 1977; R.C.M. 1947, 11-1710.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-104. Reply to counterclaim or new matter

25-30-104. Reply to counterclaim or new matter.
Whenever the answer contains a counterclaim or any new matter, the plaintiff shall within 5 days after the service and filing of the answer reply to the counterclaim or new matter in the manner and form provided for in Rules 7(a), 8(d)(2) and (d)(3), and 10(b), M.R.Civ.P.
History: En. Sec. 11, Ch. 177, L. 1935; re-en. Sec. 5094.11, R.C.M. 1935; amd. Sec. 9, Ch. 344, L. 1977; amd. Sec. 8, Ch. 429, L. 1977; R.C.M. 1947, 11-1711(2).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-105. Jury trial

25-30-105. Jury trial.
In civil causes arising under the state law, either party shall be entitled to a jury trial, as provided in justices' courts, except that the police officer shall perform the duties thereto prescribed to the sheriff or constable.
History: En. Sec. 15, Ch. 177, L. 1935; re-en. Sec. 5094.15, R.C.M. 1935; R.C.M. 1947, 11-1715(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-106. Judgments

25-30-106. Judgments.
In civil causes, judgments in municipal court shall be made and entered as in district court and shall be of like tenor and effect.
History: En. Sec. 12, Ch. 177, L. 1935; re-en. Sec. 5094.12, R.C.M. 1935; R.C.M. 1947, 11-1712.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-107. Costs

25-30-107. Costs.
The same costs shall be allowed as are allowed in justices' courts and shall be taxed and retaxed as in district court, 24 hours being allowed for filing memorandum of costs.
History: En. Sec. 14, Ch. 177, L. 1935; re-en. Sec. 5094.14, R.C.M. 1935; R.C.M. 1947, 11-1714.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-108. Appeals

25-30-108. Appeals.
(1) A party may appeal to district court from a judgment of municipal court.
(2) Appeal from a municipal court may be limited by requiring by ordinance that a minimum amount in controversy, not to exceed $200, be met before the district court has jurisdiction to hear the appeal, except upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
History: En. Sec. 17, Ch. 177, L. 1935; re-en. Sec. 5094.17, R.C.M. 1935; amd. Sec. 9, Ch. 429, L. 1977; R.C.M. 1947, 11-1717(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30. Procedure in Municipal Courts › Part 1. General Provisions › 25-30-109. Pretrial conferences or hearings -- appearance by telephone conference

25-30-109. Pretrial conferences or hearings -- appearance by telephone conference.
(1) At the discretion of the court, a party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if:
(a) the party does not need to or intend to offer evidence at the pretrial conference or hearing; and
(b) the party does not reside within the county in which the case is filed or the party's or the party's attorney's principal place of business is not located in that county.
(2) The party requesting the telephone conference is responsible for arranging the telephone conference and paying the associated costs.
History: En. Sec. 1, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2100. I. Applicability of Rules › Rule 1. Scope of rules--limitation of appeal

Rule 1.  Scope of rules--limitation of appeal.
(a) Rules govern procedure. These rules govern procedure for appeals in civil and criminal cases from a municipal court judgment or order to a district court. The party appealing is known as the appellant and the adverse party as the respondent.
(b) Limitation of appeals. Appeal from a municipal court judgment shall be limited by city ordinance in the following cases:
(1) In civil causes, the ordinance shall require that a minimum amount in controversy shall exceed $1,000.00, before the district court has jurisdiction to hear the appeal.
(2) In criminal causes, the ordinance shall require that a minimum amount in controversy, fine or restitution shall exceed $300.00 before the district court has jurisdiction to hear the appeal, except if the judgment includes incarceration, no minimum fine may be required for appeal.
(3) Appeals may be taken in criminal cases as provided in §§ 46-20-103 and -104, MCA.
(c) Local rules. No local rules shall be adopted in conflict with these rules.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2100. I. Applicability of Rules › Rule 2. District court review on appeal

Rule 2. District court review on appeal.
(a) Review limited to record. Appeal from a municipal court judgment is confined to the record and questions of law.
(b) Record on appeal. The record on appeal to the district court consists of an electronic recording or stenographic transcription of a cause tried, together with all papers filed in the cause.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2100. I. Applicability of Rules › Rule 3. Interests of justice

Rule 3. Interests of justice.
Upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2200. II. Appeals From Municipal Court Judgments › Rule 4. How appeals are taken

Rule 4. How appeals are taken.
(a) Filing notice of appeal. An appeal shall be taken by filing a timely notice of appeal in the municipal court.
(b) Joint or consolidated appeals. Two or more persons with interests making joinder practicable, may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the district court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.
(c) Content of notice of appeal. The notice of appeal shall specify the party or parties taking the appeal; and shall designate the judgment, order or part thereof appealed from. Form 1 in the Appendix of forms is a suggested form of notice of appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal.
(d) Service of notice of appeal. The clerk of the municipal court shall serve a copy of the filing of notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at the last known address of that party, and shall mail a copy of the notice to the clerk of the district court. The clerk of the municipal court shall note on each copy served, the date on which the notice of appeal was filed. If an appellant is represented by counsel, such counsel shall provide the clerk with sufficient copies of the notice of appeal to permit the clerk to comply with the requirements of this rule. Failure of the clerk to serve notice shall not affect the validity of the appeal. The notice shall be sufficient notwithstanding the death of a party or a party's counsel. The clerk shall note in the docket the names of the parties to whom the clerk mails copies, with the date of mailing.
(e) Appeal of protective order. Appeal of a protective order is governed by §§ 40-4-124 and 40-15-302, MCA.
(f) Appeal from judgment by default. There is no appeal from a judgment by default rendered in a municipal court except on questions of law which appear on the face of the papers or proceedings and except in cases when the municipal court has abused its discretion in setting aside or refusing to set aside a default or judgment.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2200. II. Appeals From Municipal Court Judgments › Rule 5. Time for filing notice of appeal

Rule 5. Time for filing notice of appeal.
(a) Appeals in civil cases.
(1) Notice of appeal. In civil cases notice of appeal required by Rule 4 shall be filed with the clerk of the municipal court within 30 days after the rendition of the judgment.
(2) Undertaking. An appeal is not effective until an undertaking is filed as provided by these rules.
(3) Appeal of an order of protection. An order of protection made pursuant to §§ 40-4-121 or 40-15-201, MCA, is immediately reviewable by the district court upon filing the notice of appeal. No undertaking is required for an appeal from an order of protection.
(b) Appeal in criminal cases.
(1) Scope of appeal by state. The scope of appeal by the state is governed by § 46-20-103, MCA.
(2) Scope of appeal by defendant. The scope of appeal by the defendant is governed by § 46-20-104, MCA.
(3) Notice of appeal. In criminal cases an appeal from a judgment must be taken within 10 days. An appeal from an order or judgment under § 46-20-103, MCA, must be taken within 10 days.
(4) No undertaking required in criminal cases. No undertaking for costs is required for appeals in criminal cases.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2200. II. Appeals From Municipal Court Judgments › Rule 7. Stay of judgment pending appeal

Rule 7. Stay of judgment pending appeal.
(a) Stay in civil cases.
(1) Stay of judgment or order. Except when an undertaking is required under Rule 6(a), upon filing a notice of appeal from a judgment or order the appellant may apply to the municipal court on notice or ex parte for a stay of the execution of the judgment or order. The municipal court in its discretion may grant said stay for such period of time and under such conditions as the court deems proper, including restraining the party from disposing of, encumbering, or concealing the party's property. The municipal court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to insure payment of costs on appeal in a civil case. The provisions of Rule 8 apply to a surety upon a bond given pursuant to this rule.
(2) Stay when undertaking filed. On the filing of the undertaking required under Rule 6, the municipal court must stay the execution of the judgment or order.
(3) Stay of execution when undertaking filed. If an execution be issued, on the filing of the undertaking, the municipal court judge must direct the execution officer to stay all proceedings on the same. Such execution officer must, upon the payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees on the execution are not paid, the execution officer may retain so much of the property or proceeds thereof as may be necessary to pay the same.
(4) Sale of perishable property. If the judgment or order appealed from directs the sale of perishable property, the municipal court may order the property to be sold and the proceeds thereof to be deposited, to abide the judgment of the district court.
(b) Stay in criminal cases.
(1) Stay of imprisonment. If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment shall be stayed by the municipal court.
(2) Stay of fine and costs. If an appeal is taken, a sentence to pay a fine, or a fine and costs, shall be stayed by the municipal court.
(3) Application to the district court. On application, the district court in the interest of justice may suspend, modify, restore, or grant any order made under this rule.
(4) Effect of appeal by the state. An appeal taken by the state in no case stays or affects the operation of the judgment or order in favor of the defendant until judgment or order is reversed by the district court.
(c) Stay of protective orders. An appeal from a protective order does not stay or affect the protective order. On application, the district court may stay a protective order. The district court may require certain conditions be met to protect the alleged victim before issuing a stay of the protective order.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2200. II. Appeals From Municipal Court Judgments › Rule 8. Sureties and their justification

Rule 8. Sureties and their justification.
(a) Justification of sureties. The adverse party may except to the sufficiency of the sureties within 5 days after the filing of the undertaking, and unless they or other sureties justify before the municipal court judge or a judge of the district court of the county in which such action has been tried within 5 days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. The sureties on the undertakings mentioned in this rule must justify as provided in § 33-26-102, MCA.
(b) Deposit of money in lieu of undertaking. Whenever an undertaking is required on appeal by the provisions of these rules, a deposit in the municipal court below of the amount of the judgment appealed from plus $300 or, if the judgment is for the recovery of specific personal property, the value of the property plus $300 or, if the party in whose favor the judgment is rendered appeals, $100 is equivalent to filing the undertaking. The municipal court clerk shall transmit the money to the clerk of the district court, who shall pay it out on the order of the court.
(c) Waiver of undertaking. In all cases where an undertaking is required on appeal by the provisions of these rules, the undertaking or deposit may be waived by the written consent of the respondent.
(d) Defective undertaking. No appeal shall be dismissed for insufficiency of the undertaking thereon or for any defect or irregularity therein if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to dismiss the appeal, which undertaking must be approved by the district judge.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2300. III. Appeals in Forma Pauperis › Rule 11. Application and manner of proceeding

Rule 11. Application and manner of proceeding.
(a) Application to municipal court. A party in a civil case who desires to proceed on appeal in forma pauperis shall file in the municipal court a motion for leave so to proceed together with an affidavit showing, in the detail prescribed by Form 2 of the Appendix of Forms, the party's inability to pay the fees and costs of the appeal or to give security therefor, the party's belief that the party is entitled to redress, and a statement of the issues the party intends to present on appeal. If the motion is granted, the party may proceed on appeal without further application to the district court and without payment of fees or costs or the giving of security therefor. If the motion is denied, the municipal court shall state the reasons for the denial.
(b) Application to the district court. If the motion for leave to proceed on appeal in forma pauperis is denied by the municipal court, a motion for leave so to proceed may be filed in the district court within 10 days after entry of the order of denial. The motion shall be accompanied by a copy of the affidavit filed in the municipal court and of the statement of reasons for denial given by the municipal court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 12. Filing and service

Rule 12. Filing and service.
(a) Filing. Papers required or permitted to be filed must be placed in the custody of the clerk within the time fixed for filing. Filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the papers are actually received within the time fixed for filing.
(b) Service of all papers required. Copies of all papers, including any transcript, filed by any party and not required by these rules to be served by the clerk shall, at or before the time of filing, be served by the party or person acting for such party on all other parties to the appeal. Service on a party represented by counsel shall be made on counsel.
(c) Manner of service. Service may be personal or by mail. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail is complete on mailing.
(d) Proof of service. Papers presented for filing shall contain acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgment of proof of service but shall require such to be filed promptly thereafter.
(e) Number of copies to be filed. A signed original shall be filed with the clerk of the district court unless otherwise ordered by the court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 13. Form of briefs

Rule 13. Form of briefs.
(a) Brief of appellant. The requirement of appellants brief is fulfilled by a simple written memorandum or statement setting forth the judgment or order appealed from, the facts relevant to the issues presented for review, the points of error for the appeal, special points and legal authorities desired to be brought to the attention of the district court, and a short conclusion of the relief sought.
(b) Answer brief of respondent. The answer brief of the respondent shall conform to the requirements of subsection (a), except that a statement of the facts or issues need not be made unless the respondent is dissatisfied with appellants statements.
(c) Reply brief. The appellant may file a brief in reply to respondents answer. The reply brief must be confined to new matter raised in the brief of respondent. No further briefs may be filed except with leave of the district court.
(d) Length of briefs. Except by permission of the district court briefs shall not exceed 10 pages.
(e) Form and quality. All briefs shall be written in ink or typed on a good grade of white paper 8 1/2 inches by 11 inches in size. On the first page of the brief shall appear the title of the district court; the title of the municipal court appealed from, adding to the words Plaintiff and Defendant, the words Appellant and Respondent as the case may require; the title of the brief as Appellants Brief or Respondents Brief as the case may be; and the names, addresses and telephone numbers of the attorneys, or the parties if pro se. Form 4 is a suggested form of the first page of a brief.
(f) Brief references and abbreviations. References in the brief to the record must be specific as to the particulars and their location in the record. Reference to a stenographic record must be made to the specific page of the transcription. Reference to an electronic record must be made to its location on the electronic recording by an accurate recorder counter number. In the discretion of the district court, it may require parts or all of an electronic recording transcribed, and attached as part of the brief. References to exhibits shall be made to the specific page or location in the record where the exhibit was identified, offered, received or rejected. Understandable abbreviations may be used in the brief.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 14. Filing and service of briefs

Rule 14. Filing and service of briefs.
(a) Time for filing briefs. The appellant shall serve and file a brief within 15 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 15 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 10 days after the brief of the respondent. The district court may extend the time for filing a brief. The request for extension must be made within the time originally prescribed or within an extension previously granted.
(b) Number of copies to be filed and served. A signed original brief and one copy shall be filed with the clerk of the district court. A copy of each brief shall be served upon all other parties to the appeal.
(c) Consequences of failure to file brief. Except for subsection (d), if an appellant fails to file a brief within the time provided by this rule, or within the time extended, the appeal shall be deemed without merit and subject the appeal to summary dismissal by the district court. Failure to file an answer brief by the respondent shall be deemed an admission that the appeal is well taken and subject to summary ruling by the district court. Reply briefs are optional and failure to file will not subject the appeal to summary ruling.
(d) Protective orders. No briefs shall be required upon filing a notice of appeal or notice of removal pursuant to §§ 40-4-124 or 40-15-302, MCA, except upon order of the district court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 15. Time for decision and oral argument

Rule 15. Time for decision and oral argument.
(a) District courts time for decision. The district court shall consider and decide appeals brought under these rules within a reasonable period of time after the filing of the reply brief permitted.
(b) Decision. The district court shall render a decision upon the record and briefs on appeal. The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the municipal court from which the appeal was taken. The decision of the district court may be by order or by memorandum opinion. Form 3 in the Appendix of Forms is an example of disposition by order.
(c) Oral argument. Oral argument shall not be held except on order of the district court.
(d) Protective orders. A municipal court order issued pursuant to §§ 40-4-121 or 40-15-201, MCA, is immediately reviewable at chambers by the district court upon filing a notice of appeal. The district court may affirm, dissolve, or modify an order of the municipal court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 16. Dismissal of appeal in civil actions--costs and damages

Rule 16. Dismissal of appeal in civil actions--costs and damages.
(a) Dismissal of appeal upon delay--costs and damages. For failure to prosecute an appeal or unnecessary delay in a civil action, the district court may order the appeal dismissed, with costs, and if it appears to the district court that the appeal was made solely for delay, the district court may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.
(b) Attorney fees and costs when appeal unsuccessful.
(1) In a civil action if the party appealing fails to reduce the judgment against him or to enlarge the judgment in his favor appealed from $10 or more or reverse the same in the district court, he shall not recover any costs of appeal.
(2) In a civil action if the parties are represented by counsel on appeal, the district court may grant the prevailing party reasonable attorney fees, in addition to costs.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 17. Effect of dismissal

Rule 17. Effect of dismissal.
The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 18. Notice and copy of decision--remittitur

Rule 18. Notice and copy of decision--remittitur.
(a) Notice and copy of decision to be furnished. Upon the decision of a cause, notice thereof, together with a copy of the courts written order or opinion, will immediately be mailed to each party or their counsel.
(b) Remittitur--when issued--when copy of opinion to accompany. Remittitur may, in cases where it is deemed proper, be ordered forthwith; otherwise the same shall be issued promptly upon expiration of the time for filing appeal to the Montana Supreme Court. A copy of the order or opinion must accompany the remittitur when the judgment or order of the trial court is reversed or modified and the case remanded for further proceedings other than the entry of a final judgment or order terminating the proceedings in the trial court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 19. Motions

Rule 19. Motions.
All motions to the court for an order shall be in writing and served upon all parties to the appeal or their counsel.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 20. Computation and extension of time

Rule 20. Computation and extension of time.
(a) Computation of time. When the computation of any period of time prescribed or allowed by these rules is by order of court or by an applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is 10 days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded.
(b) Extension. The district court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, and may thereby permit an act to be done after the expiration of such time if the failure to act was excusable under the circumstances; except the time for filing a notice of appeal shall not extend more than 10 days past the time prescribed for filing a notice of appeal under Rule 5. The motion must be made before the expiration of the period originally prescribed or extended by previous order of the court.
(c) Additional time after service by mail. Whenever a party is required or permitted to do any act within a prescribed period after service of a notice or other paper and the notice or other paper is served by mail, 3 days shall be added to the prescribed period.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 21. Voluntary dismissal

Rule 21. Voluntary dismissal.
If the parties to an appeal or other proceeding shall sign and file with the clerk an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, and shall give to each party a copy of the agreement filed; but no mandate or other process shall issue without an order of the court. An appeal may be dismissed on motion of the appellant upon such terms as to costs as may be agreed upon by the parties or fixed by the court. If an appeal has not been docketed the appeal may be dismissed by the court from which the appeal was taken upon the filing in that court of a stipulation for dismissal signed by all parties, or upon motion and notice by the appellant. The clerk of the municipal court shall mail a copy of the order of dismissal to the clerk of the district court.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 30A. Montana Uniform Municipal Court Rules of Appeal to District Court › Part 2400. IV. General Provisions › Rule 22. Title

Rule 22. Title.
These rules shall be known as the Uniform Municipal Court Rules of Appeal to District Court and may be cited as U.M.C.R.App.
History: En. Sup. Ct. Ord. Mar. 19, 1998, eff. April 1, 1998.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-101. Issues which cannot be presented in justice's court

25-31-101. Issues which cannot be presented in justice's court.
(1) The parties to an action in a justice's court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such court; provided that, in cases of forcible entry and unlawful detainer of which justices' courts have jurisdiction, any evidence otherwise competent may be given, and any question properly involved therein may be determined.
(2) A justice's court may not hear evidence on or try any issue involving the state's liability to make a payment of money, regardless of the basis of the claim against the state.
History: En. Sec. 593, Bannack Stat.; re-en. Sec. 699, p. 176, Cod. Stat. 1871; re-en. Sec. 759, 1st Div. Rev. Stat. 1879; re-en. Sec. 779, 1st Div. Comp. Stat. 1887; en. Sec. 1486, C. Civ. Proc. 1895; re-en. Sec. 6992, Rev. C. 1907; re-en. Sec. 9625, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 838; re-en. Sec. 9625, R.C.M. 1935; R.C.M. 1947, 93-6607(part); amd. Sec. 4, Ch. 409, L. 1979.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-102. Transfer to district court -- dismissal

25-31-102. Transfer to district court -- dismissal.
(1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall suspend all further proceedings in the action and certify the pleadings and, if any of the pleadings are oral, a transcript of the pleadings from the docket to the clerk of the district court of the county. From the time of the certification of the pleadings or transcript to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in the district court. When the action is certified to the district court, upon the answer of the defendant, the defendant shall file an undertaking, to be approved by the justice, to the effect that the defendant will pay all costs that may be awarded against the defendant on the trial in the district court.
(2) If it appears at any point in the proceedings in a justice's court that the determination of the action will involve the question of the state's liability to make a payment of money, the justice shall sever that issue and dismiss the action as to that issue. If the issue is not severable, the justice shall dismiss the entire action.
History: En. Sec. 593, Bannack Stat.; re-en. Sec. 699, p. 176, Cod. Stat. 1871; re-en. Sec. 759, 1st Div. Rev. Stat. 1879; re-en. Sec. 779, 1st Div. Comp. Stat. 1887; en. Sec. 1486, C. Civ. Proc. 1895; re-en. Sec. 6992, Rev. C. 1907; re-en. Sec. 9625, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 838; re-en. Sec. 9625, R.C.M. 1935; R.C.M. 1947, 93-6607(part); amd. Sec. 5, Ch. 409, L. 1979; amd. Sec. 112, Ch. 575, L. 1981; amd. Sec. 494, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-111. What provisions of code applicable to justices' courts

25-31-111. What provisions of code applicable to justices' courts.
Because justices' courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts or which have been made applicable by special provisions in this chapter and Titles 3 and 27 are applicable to justices' courts and the proceedings therein.
History: En. Sec. 1686, C. Civ. Proc. 1895; re-en. Sec. 7084, Rev. C. 1907; re-en. Sec. 9717, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 925; re-en. Sec. 9717, R.C.M. 1935; amd. Sec. 52, Ch. 344, L. 1977; R.C.M. 1947, 93-7707; amd. Sec. 113, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-112. Fees

25-31-112. Fees.
The following is the schedule of fees that, except as provided in 25-35-605, must be paid in every civil action in a justice's court:
(1) when a complaint is filed, the following fee to be paid by the plaintiff:
(a) $30 beginning July 1, 2013;
(b) $35 beginning July 1, 2014; and
(c) $40 beginning July 1, 2015;
(2) $20 when the defendant appears, to be paid by the defendant;
(3) $20 to be paid by the prevailing party when judgment is rendered. In cases in which judgment is entered by default, no charge except the fee provided in subsection (1) for the filing of the complaint may be made for any services, including issuing and return of execution.
(4) $20 for all services in an action in which judgment is rendered by confession;
(5) $20 for filing a notice of appeal and transcript on appeal, justifying and approving an undertaking on appeal, and transmitting papers to the district court with a certificate.
History: En. Sec. 4642, Pol. C. 1895; and as Sec. 1, Ch. 52, L. 1903; re-en. Secs. 3175-3176, Rev. C. 1907; superseded by Sec. 1, Ch. 55, L. 1921; re-en. Sec. 4924, R.C.M. 1921; re-en. Sec. 4924, R.C.M. 1935; amd. Sec. 1, Ch. 184, L. 1963; amd. Sec. 3, Ch. 420, L. 1975; amd. Sec. 1, Ch. 154, L. 1977; R.C.M. 1947, 25-301; amd. Sec. 28, Ch. 586, L. 1981; amd. Sec. 2, Ch. 492, L. 1983; amd. Sec. 2, Ch. 569, L. 1985; amd. Sec. 1, Ch. 26, L. 1989; amd. Sec. 1, Ch. 339, L. 2013.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-113. When fees payable

25-31-113. When fees payable.
All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing herein contained shall restrict or prevent the bringing of suits in forma pauperis as provided by law.
History: En. Sec. 4642, Pol. C. 1895; and as Sec. 1, Ch. 52, L. 1903; re-en. Secs. 3175-3176, Rev. C. 1907; superseded by Sec. 2, Ch. 55, L. 1921; re-en. Sec. 4925, R.C.M. 1921; re-en. Sec. 4925, R.C.M. 1935; R.C.M. 1947, 25-302.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-114. Repealed

25-31-114. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 1691, C. Civ. Proc. 1895; re-en. Sec. 7089, Rev. C. 1907; re-en. Sec. 9722, R.C.M. 1921; re-en. Sec. 9722, R.C.M. 1935; amd. Sec. 1, Ch. 167, L. 1967; R.C.M. 1947, 93-7712.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-115. Deposit of money in lieu of undertaking

25-31-115. Deposit of money in lieu of undertaking.
In civil cases arising in justices' courts wherein an undertaking is required by this chapter, the plaintiff or defendant may deposit with said justice a sum of money equal to the amount required by said undertaking, which said sum of money shall be taken as security in place of said undertaking.
History: En. Sec. 1687, C. Civ. Proc. 1895; re-en. Sec. 7085, Rev. C. 1907; re-en. Sec. 9718, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 926; re-en. Sec. 9718, R.C.M. 1935; R.C.M. 1947, 93-7708; amd. Sec. 114, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 31. Procedure in Justices' Courts › Part 1. General Provisions › 25-31-116. Repealed

25-31-116. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 611, p. 164, Bannack Stat.; re-en. Sec. 717, p. 180, Cod. Stat. 1871; re-en. Sec. 777, 1st Div. Rev. Stat. 1879; re-en. Sec. 797, 1st Div. Comp. Stat. 1887; amd. Sec. 1628, C. Civ. Proc. 1895; re-en. Sec. 7054, Rev. C. 1907; re-en. Sec. 9687, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 895; re-en. Sec. 9687, R.C.M. 1935; R.C.M. 1947, 93-7309.