reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 17. ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER

Form 17. ANSWER TO COMPLAINT SET FORTH IN FORM 7,WITH COUNTERCLAIM FOR INTERPLEADER
DEFENSE
Defendant denies the allegations of the complaint to the extent set forth in the counterclaim herein.
COUNTERCLAIM FOR INTERPLEADER
1. Defendant received the sum of ten thousand dollars as a deposit from E.F.
2. Plaintiff has demanded the payment of such deposit by virtue of an assignment of it which plaintiff claims to have received from E.F.
3. E.F. has notified the defendant that E.F. claims such deposit, that the purported assignment is not valid, and asserts that the defendant should be held responsible for the deposit.
Wherefore defendant demands:
(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.
(2) That the court order the plaintiff and E.F. to interplead their respective claims.
(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.
(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.
(5) That the court award to the defendant its costs and attorney's fees.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 18. THIRD-PARTY SUMMONS

Form 18. THIRD-PARTY SUMMONS
A.B., Plaintiff,
vs.
C.D., Defendant, andCivil No....
Third-Party Plaintiff,THIRD-PARTY SUMMONS
vs.
E.F., Third-Party Defendant.
To: (name the third-party defendant):
A lawsuit has been filed against defendant ________________, who as third-party plaintiff is making this claim against you to pay part or all of what [he] may owe to the plaintiff _______________.
Within 21 days after service of this summons on you (not counting the day you receive it), you must serve on the plaintiff and the defendant an answer to the attached third-party complaint, or a motion under Rule 12 of the Montana Rules of Civil Procedure. The answer or motion must be served on the defendant's attorney, __________________, whose address is _____________________; and also on the plaintiff's attorney, _________________, whose address is _______________________. If you fail to do so, judgment by default will be entered against you for the relief demanded in the third-party complaint. You also must file the answer or motion with the court and serve it on any other parties.
A copy of the plaintiff's complaint is also attached. You may--but are not required to--respond to it.
Date: _______________________CLERK OF THE DISTRICT COURT
(Seal) By: _____________________________________
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 18-A. NOTICE OF A LAWSUIT AND REQUEST TO ACKNOWLEDGE AND

Form 18-A. NOTICE OF A LAWSUIT AND REQUEST TO ACKNOWLEDGE AND
WAIVE SERVICE OF A SUMMONS
A.B., Plaintiff,Civil No......
vs.NOTICE OF A LAWSUIT AND REQUEST TO
C.D., Defendant.ACKNOWLEDGE AND WAIVE SERVICE OF A SUMMONS
To: (name of defendant--or if the defendant is a corporation, partnership or association name, an officer or agent authorized to receive service):
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you acknowledge and waive formal service of a summons by signing and returning the enclosed acknowledgment and waiver. To avoid these expenses, you must return the signed acknowledgment and waiver within 21 days (42 days if you are the State of Montana, a state agency, or a state officer or employee) from the date shown below, which is the date this notice was sent. Two copies of the acknowledgment and waiver are enclosed, along with a stamped, self-addressed envelope, or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
If you return the signed acknowledgment and waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 21 days from the date you sign the acknowledgment and waiver (42 days if you are the State of Montana, a state agency, or a state officer or employee sued in an official capacity) to answer the complaint.
If you do not return the signed acknowledgment and waiver within the time indicated, I will arrange to have the summons and complaint served on you, and I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date: _______________________________________________________________
Signature of the attorney or unrepresented party
________________________________________________
Printed name
________________________________________________
Relationship to entity or authority to receive service
________________________________________________
Address
________________________________________________
E-mail address
________________________________________________
Telephone number
Comment: Both Form 18B and the "Duty to Avoid Unnecessary Expenses of Serving a Summons" page should always accompany this form.
History: En. Sup. Ct. Ord. Oct. 9, 1984, eff. Oct. 9, 1984; amd. Sup. Ct. Ord. Nov. 1988; amd. Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 18-B. Acknowledgment and Waiver of Service of a Summons

Form 18-B. Acknowledgment and Waiver of Service of a Summons
A.B., Plaintiff,Civil No. . . .
vs.ACKNOWLEDGMENT AND WAIVER OF
C.D., Defendant.SERVICE OF A SUMMONS
To: (name of plaintiff's attorney or the unrepresented plaintiff):
I have received your request to acknowledge and waive service of a summons in this action along with a copy of the complaint, two copies of this acknowledgment and waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Montana Rule of Civil Procedure 12 within 21 days from the date I sign this acknowledgment and waiver form (or 42 days if I am signing on behalf of the State of Montana, a state agency, or a state officer or employee).
If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date: __________________________________________________________________
Signature of the attorney or unrepresented party
________________________________________________
Printed name
________________________________________________
Relationship to entity or authority to receive service
________________________________________________
Address
________________________________________________
E-mail address
________________________________________________
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Montana Rules of Civil Procedure has a provision to avoid the unnecessary expenses of serving a summons and complaint. A defendant who fails to return a signed acknowledgment and waiver of service requested by a plaintiff will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
"Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property.
If the acknowledgment and waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the acknowledgment and waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court.
History: En. Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 19. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24

Form 19. MOTION TO INTERVENE AS ADEFENDANT UNDER RULE 24
A.B., Plaintiff,MOTION TO
vs.INTERVENE
C.D., Defendant,AS A
E.F., Applicant forDEFENDANT
InterventionCivil No...
E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in the attached proposed answer on the grounds (here set forth generally the grounds upon which intervention is sought, in accordance with the right of intervention contained in Rule 24) and as such as a defense to plaintiff's claim presenting (setting forth whether the same relates to questions of law or fact, or both) which are common to the main action.
..................................
Attorney for E.F.,
Applicant for Intervention
..................................
(Address)
NOTICE OF MOTION
(Contents the same as those in Form 15, or notice and motion may be combined in a notice of motion as provided in Rule 7(b).)
---------------
INTERVENER'S ANSWER
(Set forth defenses in accordance with the outline contained in Form 16)
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 20. MOTION FOR PRODUCTION, ETC., UNDER RULE 34

Form 20. MOTION FOR PRODUCTION, ETC.,UNDER RULE 34
Repealed by Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 21. REQUEST FOR ADMISSION UNDER RULE 36

Form 21. REQUEST FOR ADMISSION UNDER RULE 36
Plaintiff A.B. requests defendant C.D. within .... days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:
1. That each of the following documents, exhibited with this request, is genuine.
[Here list the documents and describe each document.]
2. That each of the following statements is true. [Here list the statements.]
.........................
Attorney for Plaintiff
..........................
Address
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 22. ALLEGATION OF REASON FOR OMITTING NECESSARY PARTY

Form 22. ALLEGATION OF REASON FOR OMITTINGNECESSARY PARTY
John Doe named in this complaint is not made a party to this action [because Doe is not subject to the jurisdiction of this court]; or [for reasons stated].
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 23. SUPERSEDEAS BOND

Form 23. SUPERSEDEAS BOND
We the undersigned jointly and severally acknowledge that we and our personal representatives are jointly bound to pay to (respondent) the sum of $.....
(Appellant) has appealed from that certain judgment (or order) (insert descriptive facts) and has obtained an order staying execution from the district court, and the condition of this bond is that if the judgment (or order) appealed from, or any part thereof, be affirmed, or the appeal dismissed, the appellant will pay the amount directed to be paid by the judgment (or order) or the part of such amount as to which the judgment (or order) is affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal. If such payment be made then this bond is void, otherwise to be and remain in full force and effect. If the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of the respondent in the respondent's favor against the sureties for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal.
..................................
AppellantAddress
...................................
SuretyAddress
...................................
SuretyAddress
(Justification of Sureties)...............
Form of bond approved.Judge
(This form with necessary alterations may be used in any situation covered by Rule 62.)
History: En. Sec. 80, Ch. 13, L. 1961 as added by Sec. 1, Ch. 3. L. 1963; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 1. Title and scope

Rule 1. Title and scope.
(1) These rules shall be referred to as the Montana Rules of Appellate Procedure and shall be cited as M. R. App. P.
(2) These rules shall govern proceedings before the supreme court.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 2. Parties - amicus curiae - captions

Rule 2. Parties - amicus curiae - captions.
(1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court:
(a) Appellant. The party who appeals from and usually seeks reversal of a decision in the district court. A party who files a cross-appeal shall be referred to as a cross-appellant.
(b) Appellee. The party who usually responds to the appeal, seeking affirmance of the district court. A party who responds to a cross-appeal shall be referred to as a cross-appellee.
(c) Petitioner. A party who seeks relief by way of an original proceeding or a petition for an extraordinary writ.
(d) Respondent. The party against whom a petition is filed.
(e) Relator. The real party in interest in whose name the government brings an action or proceeding before this court.
(f) Intervenor. One who, because of an asserted interest in the outcome, has voluntarily entered into an action or who, on motion, is granted leave to enter a proceeding before this court, despite not being named originally as a party.
(2) Amicus curiae. One who is not a party, but who, upon invitation or leave of the supreme court granted on motion, files a brief in a pending proceeding because of a strong interest in the subject matter.
(3) Counsel - parties not represented by counsel. When these rules require an act by or upon a party, the act shall be performed by or upon counsel for the party or by or upon a party not represented by counsel.
(4) Captions. The caption of an appeal shall list the parties in the same order as the caption used in the district court, with the addition of the designations "appellant" and "appellee" as appropriate. On motion of a party, or on the court's own motion, the caption of a pending cause may be modified to more accurately reflect the actual alignment or status of a party. Upon entry of an order correcting the caption, the cause shall proceed under that caption thereafter.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0016, Feb. 17, 2015, eff. October 1, 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 3. Interpretation of time requirements

Rule 3. Interpretation of time requirements.
All time limits set forth in these rules for filing documents or performing any act are actual time limits. In order to comply with a time-specific requirement, the document must be filed or the act performed on or before the last day of the time specified. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included, but the last day of the period shall be included. No additional time may be added to any such time requirement for mailing or transmitting any document and all weekends and holidays are included in the times specified; provided, however, that if the last day of the time limit falls upon a weekend or holiday, then the time limit is extended to the next business day. All documents must be filed in the office of the clerk of the supreme court between 8:00 a.m. and 5:00 p.m. on business days.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 5. Proceeding without the required filing fee

Rule 5. Proceeding without the required filing fee.
(1) Motion and affidavit to proceed without paying the filing fee - general. A party in a civil appeal or in an original proceeding for a writ in the supreme court who desires to proceed without payment of the required filing fee shall file a combined motion and affidavit in the supreme court for leave to so proceed, as prescribed by Form 3, showing the party's financial condition and inability to pay the filing fee, the party's belief that the party is entitled to redress, and a short statement of the issues the party intends to present. If necessary to determine a party's financial condition, the supreme court may remand a combined motion and affidavit to the district court for fact-finding.
(2) Motion and affidavit to proceed without paying the filing fee - incarcerated person. A person incarcerated in a correctional institution or facility who is a party in a civil appeal or in an original proceeding for a writ in the supreme court and who desires to proceed without payment of the required filing fee shall file a combined motion and affidavit in the supreme court for leave to so proceed, together with an unnotarized form as otherwise prescribed by Form 3, showing the party's financial condition and inability to pay the filing fee, the party's belief that the party is entitled to redress, and a short statement of the issues the party intends to present.
(3) Determination of indigency - party with appointed counsel. If a party has appointed counsel in an appeal or in an original proceeding for a writ, the party is entitled to proceed without paying the filing fee without further action by the party or the supreme court.
(4) Action by supreme court. The supreme court clerk's office is authorized to act on any motion to proceed without payment of the required filing fee. A party may ask the supreme court to review the supreme court clerk's determination. Within 14 days after the clerk's denial of such a motion, the party must either pay the filing fee or file a request for review by the supreme court. The party may present new evidence to the court in its request for review. The supreme court shall review the supreme court clerk's determination de novo.
(5) Limitations of waiver. The grant of a motion to proceed without payment of the required filing fee waives the filing fee but does not entitle the party to waive other fees or costs, such as transcript preparation costs or attorney fees.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, February 20, 2008, eff. March 21, 2008; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0016, July 24, 2012; amd. Sup. Ct. Ord. No. AF 07-0016, Feb. 17, 2015, eff. October 1, 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 13. Filing and service of briefs

Rule 13. Filing and service of briefs.
(1) Time for filing briefs. The appellant shall serve and file a brief within 30 days after the date on which the record is filed. The appellee shall serve and file an answer brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee. If a cross-appeal is filed and appellant desires to file a reply brief in appellant's appeal, appellant shall serve and file a combined reply brief in appellant's appeal and an answer brief in the cross-appeal within 30 days after service of the brief of the cross-appellant.
(2) Number of copies to be filed and served. For briefs containing no confidential information, a signed original and 9 copies of each brief shall be filed with the clerk of the supreme court unless otherwise ordered by the supreme court, and 1 copy of each brief shall be served on each party. For briefs containing confidential information, a signed unredacted original filed under seal and 7 copies of the unredacted original shall be filed along with 2 copies of the redacted brief for public access. 1 copy of the redacted and 1 copy of the uredacted versions of the brief shall be served on each party. The clerk of the supreme court will not accept a brief for filing unless it is accompanied by a certificate of service as required by rule 10. If a separate appendix is filed as allowed under rule 12(5), an original and 7 copies of the appendix shall be filed.
(3) Consequences of failure to file briefs. If an appellant fails to file a brief within the time provided by this rule, or within any extended time, an appellee may move for dismissal of the appeal.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, May 6, 2009, eff. October 1, 2009; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 16. Motions

Rule 16. Motions.
(1) Form and content. Unless another form is prescribed by these rules, an application for an order or other relief shall be made by filing a motion in writing for such order or relief with the clerk of the supreme court. The motion shall state with particularity the grounds therefor and shall set forth the order or relief sought. Counsel shall also note therein that opposing counsel has been contacted concerning the motion and whether opposing counsel objects to the motion. Failure to include this statement may result in denial of the motion. If a motion is supported by affidavits or other papers, whether required by these rules or otherwise, or submitted in a party's discretion, they shall be served and filed with the motion. At the time of filing a procedural motion, counsel shall present a proposed order, together with sufficient copies for service upon all parties, as well as stamped envelopes addressed to all parties. The supreme court may authorize disposition of motions for procedural orders by a single justice.
(2) Response. Any party may file a response in opposition within 11 days after service of the motion, or within such time as the supreme court may direct.
(3) Limitations and other requirements. The motion, including supporting argument and authority, shall be submitted in a single document limited to 1,250 words or less if proportionately spaced or 5 pages of text if prepared in monospaced typeface or if typewritten. The motion shall set forth a succinct statement of the issue or problem, a brief argument including a list of supporting authority and a parenthetical statement of the holding or rule of any case cited, and a succinct statement of the relief sought. The response shall comply with the format and word or page limitations of this section. No reply shall be filed.
(4) Motions to voluntarily dismiss. Except for an Anders motion pursuant to section 46-8-103(2), a party's motion to voluntarily dismiss that party's cause, appeal, or cross-appeal must be signed by both the moving party and that party's counsel.
(5) Motions to dismiss by stipulation. A cause, appeal, or cross-appeal may be dismissed by the supreme court upon stipulation signed by counsel of record and parties not represented by counsel.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 17. Oral arguments

Rule 17. Oral arguments.
(1) Standards. Oral argument will be allowed upon order of the supreme court. All cases not designated for oral argument will be decided on the basis of the briefs and the record on appeal.
(2) Order regarding argument. The supreme court shall, by order, schedule and specify the date, time, and place for the oral argument.
(3) Time allowed for argument. The supreme court's order granting oral argument will designate the amount of time each party will be allowed at oral argument.
(4) Order and content of oral argument. The appellant or applicant is entitled to open and conclude the argument. Closing argument shall be limited to rebuttal of appellee's or respondent's argument.
(5) Cross and separate appeals. If there is a cross-appeal, rule 12(4) determines which party is the appellant and which is the appellee for purposes of oral argument. If separate appellants support the same argument, care shall be taken to avoid duplication of argument at the hearing.
(6) Use of physical exhibits at argument.
(a) Use of physical exhibits and enlargements during oral argument is distracting to the supreme court and is discouraged.
(b) Handouts are permissible provided there are sufficient copies for members of the supreme court and opposing counsel.
(c) Any physical exhibit, handout, or enlargement that attempts to supplement the briefs with additional arguments shall not be permitted. If opposing counsel objects to a physical exhibit, enlargement, or handout, counsel may make an objection on the record at an appropriate time.
(7) Arguments recorded. Oral arguments are electronically recorded. Absent a recusal, a justice not able to attend oral argument will participate in the supreme court's deliberations after listening to the electronic recording.
(8) Miscellaneous. The supreme court, sua sponte, or upon motion and good cause shown, may direct that oral argument times be extended or shortened; that the order or designation of parties arguing be modified; or that amicus curiae argue. Normally, any time granted to amicus curiae for oral argument will be subtracted from the time allotted to the party whose argument the amicus supports. Amicus curiae seeking leave to present oral argument must indicate whether such party consents to the motion.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, May 6, 2009, eff. October 1, 2009; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0016, Feb. 17, 2015, eff. October 1, 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 18. Media access to court proceedings

Rule 18. Media access to court proceedings.
(1) Media coverage.
(a) Provided that the orderly procedures of the supreme court are not impaired or interrupted, the media is welcome to record and photograph, or broadcast by radio or television or other means, the oral arguments of the supreme court.
(b) No person or organization will have exclusive access to a proceeding in the courtroom. The chief justice will advise media outlets if pool coverage is necessary.
(2) Equipment.
(a) Broadcast media should arrive at least 30 minutes prior to oral argument to begin setting up equipment. All equipment must be in place and tested 15 minutes in advance of the time scheduled for the oral argument.
(b) The chief justice will determine locations for all video cameras, still cameras, and audio equipment within the courtroom.
(c) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless specifically approved by the supreme court.
(d) Handheld tape recording devices may be used so long as the device can be positioned so as not to obstruct or impair the proceedings.
(e) Cellular telephones, alarms, pagers, or other sound-producing devices shall be turned off at all times when the supreme court is in session.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 20. Petitions for rehearing

Rule 20. Petitions for rehearing.
(1) Criteria for petitions for rehearing.
(a) The supreme court will consider a petition for rehearing presented only upon the following grounds:
(i) That it overlooked some fact material to the decision;
(ii) That it overlooked some question presented by counsel that would have proven decisive to the case; or
(iii) That its decision conflicts with a statute or controlling decision not addressed by the supreme court.
(b) The clerk of the supreme court will not accept a petition for rehearing for filing if the supreme court orders that remittitur, peremptory writ, or judgment issue immediately.
(c) The clerk of the supreme court will not accept a petition for rehearing for filing after remittitur has issued or after the time for filing such a petition has expired in a proceeding filed under rule 14.
(d) Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of its orders disposing of motions or petitions for extraordinary writs.
(e) Petitions for rehearing will not be argued orally.
(2) Timing.
(a) A party must file and serve a petition for rehearing within 15 days after the supreme court decision has been filed, unless the supreme court expressly shortens or enlarges the time by order.
(b) A party opposing the petition for rehearing shall have 15 days after the filing of the petition for rehearing in which to file and serve objections.
(c) Any motion for extension of time in which to file a petition for rehearing must be filed within the 15-day period for filing the petition for rehearing. The supreme court will grant extensions of time only upon a showing of unusual merit and in no event will grant an extension of time in excess of 15 days. The extension period will run from the date of the supreme court's order granting the extension.
(d) The clerk of the supreme court shall not accept reply briefs for filing.
(3) Length. The text of the petition for rehearing and objections thereto shall not exceed 2,500 words if proportionately spaced or 10 pages if prepared in monospaced typeface or typewritten.
(4) Filing.
(a) The parties shall file a signed original and 7 copies of the petition for rehearing and objections thereto with the clerk of the supreme court.
(b) The petition for rehearing and objections thereto must contain a certificate of service on the opposing party.
(c) The petition for rehearing and objections thereto must contain a certificate verifying that the document's word count and words per page comply with section (3) of this rule.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 21. Remittitur

Rule 21. Remittitur.
(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision.
(2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs that it shall issue immediately upon its decision, and must be certified by the clerk of the supreme court to the clerk of the district court.
(3) In the event that the supreme court modifies its decision in response to a petition for rehearing, remittitur shall issue immediately upon the expiration of time for filing a petition for rehearing in response to the modified decision.
(4) In the event the supreme court denies a petition for rehearing, remittitur shall issue upon denial of the petition for rehearing.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 23. Undertaking for costs on appeal

Rule 23. Undertaking for costs on appeal.
(1) The district 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 24 apply to a surety upon a bond given pursuant to this rule.
(2) No undertaking for costs is required in appeals in criminal cases.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 24. Sureties

Rule 24. Sureties.
(1) Surety's justification. A party may file an objection to the sufficiency of any bond or undertaking within 30 days after the filing of such bond or undertaking. The party filing the bond or undertaking, or the surety or sureties used by the party to file the bond or undertaking, shall file a response with the district court within 20 days after the service of notice of any objection. The failure of the party filing the bond or undertaking, or its surety or sureties, to file a response to the objection, shall dissolve any stay preventing the execution of the judgment or order from which the party filed the appeal.
(2) Enforcement of surety's liability. The provisions of sections 25-1-402, 25-13-105, 33-26-101, 33-26-102, and 72-31-101 apply to cases on appeal that require an undertaking or supersedeas bond with a surety.
(3) Proceedings against a surety. If a party gives security in the form of a bond or stipulation or other undertaking with 1 or more sureties, each surety submits to the jurisdiction of the district court and the supreme court and irrevocably appoints the district court's clerk as the surety's agent on whom any papers affecting the surety's liability on the bond or undertaking may be served. On motion, a surety's liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that the district court or the supreme court prescribes may be served on the clerk of the district court, who promptly must mail a copy to each surety whose address is known.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 25. Substitution of parties in civil cases - acts of personal representatives or guardians when appointment vacated

Rule 25. Substitution of parties in civil cases - acts of personal representatives or guardians when appointment vacated.
(1) Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the supreme court in a civil case, the personal representative of the deceased party may be substituted as a party on motion filed by any party with the clerk of the supreme court. The motion of a party shall be served upon the representative in accordance with the provisions of rule 10. If the deceased party has no representative, proceedings shall then be had as the supreme court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected in the supreme court in accordance with this rule. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by such party's personal representative or, if there is no personal representative, by such party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in the supreme court in accordance with this rule.
(2) Substitution for other causes. If substitution of a party in the supreme court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in section (1).
(3) Public officers - death or separation from office. When a public officer is a party to an appeal or other proceeding in the supreme court in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(4) Acts of personal representative or guardian. When the judgment or order appointing a personal representative or guardian is reversed on appeal, for error and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such personal representative or guardian, if such personal representative or guardian has qualified, are as valid as if such judgment or order had been affirmed.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 26. Extension of time

Rule 26. Extension of time.
(1) Extension of time - generally. Except as provided in section (2) of this rule, the supreme 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. Within the text of each motion requesting an extension of time submitted to the supreme court for its consideration, except for those involving the attorney general and an incarcerated self-represented litigant, counsel shall note that opposing counsel has been contacted concerning the motion and whether opposing counsel objects to the motion. Failure to include this statement may constitute grounds for denial of the motion. All motions and orders for extension of time shall comply with rule 16 and shall include a date certain on or before which date the act for which an extension of time is requested must be performed. In all cases except those addressed in section (2) of this rule, a party may move for and be granted one 30-day extension of time in which to file a brief required or allowed to be filed under these rules. The clerk of the supreme court is authorized to act on any such motions for 30-day extension of time which are unopposed, and also on any such motions involving the attorney general and an incarcerated self-represented litigant. Any second or subsequent motion for extension of time to file a brief shall meet the requirements of section (2) of this rule.
(2) Extensions of time - filing briefs in appeals of proceedings regarding abused or neglected children, parenting plans, and motions for second or subsequent extensions. There shall be a presumption against granting motions for extension of time to file briefs. Any motion for extension of time to file a brief in the referenced cases may be granted only upon written motion supported by a showing of diligence and substantial need. Such a motion shall be filed at least 7 days before the expiration of the time prescribed for filing the brief, shall comply with rule 16, and shall be accompanied by an affidavit stating:
(a) When the brief is due;
(b) When the brief was first due;
(c) The length of the requested extension;
(d) The reason an extension is necessary;
(e) An explanation establishing that movant has exercised diligence and has substantial need for the extension, and that the brief will be filed within the time requested. An affidavit setting forth a conclusory statement as to the press of business will not constitute a showing of diligence and substantial need and will subject the motion to summary denial; and
(f) Whether any other party objects to the request.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, May 6, 2009, eff. October 1, 2009; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0016, November 26, 2019, eff. January 1, 2020.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 27. Notice involving constitutional questions where the state is not a party

Rule 27. Notice involving constitutional questions where the state is not a party.
Irrespective of the requirements of M. R. Civ. P. 5.1, a party who challenges the constitutionality of any act of the Montana legislature in any action, suit, or proceeding in the supreme court to which neither the state nor any agency or any officer or employee thereof, in the officer's or employee's official capacity, is a party, must give notice to the supreme court and to the Montana attorney general of the existence of the constitutional issue. This notice must be in writing, specify the section of the Montana Code Annotated or chapter of the session law to be construed, and must be given no later than 11 days from the date that the notice of appeal or notice of cross-appeal is filed or the date of filing of an original proceeding in the supreme court. No later than 20 days from the date that the notice of constitutional challenge is filed, the attorney general shall notify the supreme court and all parties in writing as to whether the attorney general will intervene in the appeal on the constitutional issue.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, May 6, 2009, eff. October 1, 2009; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 28. Minutes of supreme court

Rule 28. Minutes of supreme court.
The clerk of the supreme court shall attest the minutes of the supreme court as true and correct.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Part 1. Rules › Rule 29. Suspension of the rules

Rule 29. Suspension of the rules.
(1) Application for suspension. In the interest of expediting decision on any matter before it, or for other good cause shown, the supreme court may, except as otherwise provided in section (2) of this rule, suspend the requirements or provisions of these rules on application of a party supported by affidavit, and may order proceedings in accordance with its direction.
(2) Exceptions. This rule may not be invoked with respect to proceedings governed by rule 7. Any request for an out-of-time appeal shall be governed solely by rule 4(6).
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 1. Form 1

Form 1
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
(To be assigned by the Clerk of the Supreme Court)
__________________________________Attorney for________________________Address___________________________Phone____________________________Fax_______________________________E-mail____________________________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.NOTICE OF APPEAL
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
NOTICE is given that _____________, the Appellant above-named and who is the ______________(plaintiff/petitioner/or other designation) in that cause of action filed in the ____________ Judicial District, in and for the County of _____________ as Cause No.______, hereby appeals to the Supreme Court of the State of Montana from the final judgment or order entered in such action on the ____ day of _____________, 20____.
THE APPELLANT FURTHER CERTIFIES:
1. That this appeal ____is/is not___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ____is/is not____ less than $5,000.
2. That this appeal _____is/is not____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court's certification order is attached hereto as Exhibit "A."
3. That all available transcripts of the proceedings in this cause _____have been/have not been ____ ordered from the court reporter contemporaneously with the filing of this notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal.
4. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3.
Dated this ______day of ______________, 20___.
____________________________________Attorney for__________________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:
(list name and address of the Clerk of the District Court, each court reporter, and each attorney or party served)
Dated this ___ day of __________, 20___.
__________________________________Name__________________________________Address__________________________________Title