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Clerk of the Montana Supreme Court

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How to file an Appeal

Appeals are governed by the Rules of Appellate Procedure, Title 25, Chapter 21, Montana Code Annotated (MCA)

To file a direct appeal, a Notice of Appeal or Cross-Appeal must be filed in The Office of the Clerk of the Supreme Court. A copy of the Notice of Appeal or Cross-Appeal shall be contemporaneously served in The Office of the Clerk of The District Court from which the appeal is originating, and served on all parties.

General Times for Filing:

  • Civil cases, the notice of appeal must be filed in the district court within 30 days of the date of the entry of judgment or order being appealed from. In cases where the State of Montana, or any political subdivision thereof is a party, the notice of appeal must be filed within 60 days of the entry of judgment. Rule 4(5)(a)
  • In Criminal cases, a notice of appeal must be filed in the district court within 60 days of the entry of judgment. Rule 4(5)(b)