When filing an appeal in Montana, you only have 30 days from the entry of judgment to file with the Montana Supreme Court. If you do not file a notice of appeal within that time, there may be nothing that can save your appellate case. It’s important to contact an appeals attorney as quickly as possible.
To get started, contact appeals attorney Paul Sullivan by using the form to your right, or call him at 406-752-6373.
Civil Appeals
Appeals in civil cases have to be filed within 30 days of the notice of entry of judgment. If you’re considering an appeal, this can sometimes work to your advantage and give you a little extra time to file. Do not depend on this extra time, just be glad for the breathing room if you have it. Instead, plan on making a decision regarding appeal as quickly as possible following the trial court’s decision.
Criminal Appeals
Criminal appeals absolutely have to be filed within 30 days of court’s decision. There are two types of criminal appeals in Montana: appeals to the Montana Supreme Court, and appeals to District Court. Here’s the difference: if your case was in District Court, your appeal will go to the Montana Supreme Court. If your case was in Justice Court or City Court, then your appeal goes to a District Court.
Appeals to the Montana Supreme Court:
The Montana Supreme Court, located in Helena, is Montana’s highest court and the only true court of appeals for the state. It is the ultimate authority when it comes to the Montana Constitution and provides oversight on all other courts and lawyers in the state. Decisions from county District Courts go directly to the Montana Supreme Court as a matter of right. This means that there is no screening process or other hurdles to clear before an appeal is heard.
Appeals from Justice Court:
Justice Courts in Montana are county courts which preside over misdemeanor criminal matters, a variety of civil disputes, and small claims cases. An appeal from Justice Court initially goes to the District Court for that county although the decision from the District Court may be appealed to the Montana Supreme Court. The 30 day deadline applies to appeals from Justice Court just like in any other court. However, there is a 10 day deadline for appeals from Small Claims Court.
Appeals from City Court / Municipal Court:
City and Municipal Courts are similar to Justice Courts except that their jurisdiction is limited to city limits. Appeals from these courts goes first to a District Court and can be appealed from there to the Montana Supreme Court if necessary. If the court is not a court of record, the District Court will retry the case with the evidence originally presented. This is one of the only times an appeal is actually a retrial. If it is a court of record, the appeal is a review of the record.
Types of Appeal:
Divorce Appeals
DUI Appeals
Child Support Appeals
Probate Appeals
PFMA Appeals
Collection Appeals
Trial Appeals
Child Custody Appeals
Criminal Appeals
Foreclosure Appeals
Judgment Appeals
Land Dispute Appeals
Civil Appeals
Civil Rights Appeals
White Collar Crime