Montana Code 25-33-301. Trial de novo — pleadings — conduct of trial
25-33-301. Trial de novo — pleadings — conduct of trial. (1) Except as provided in subsection (3), all appeals from justices’ or city courts must be tried anew in the district court on the papers filed in the justice’s or city court unless the court, for good cause shown and on terms that are just, allows other or amended pleadings to be filed in the action. The court may order new or amended pleadings to be filed. Each party has the benefit of all legal objections made in the justice’s or city court.
Terms Used In Montana Code 25-33-301
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)When the action is tried anew on appeal, the trial must be conducted in all respects as other trials in the district court. The provisions of this code as to trials in the district courts are applicable to trials on appeal in the district court.
(3)The appeal from a justice’s court of record pursuant to 3-10-101 is on the record as provided in 3-10-115. The appeal from a city court of record pursuant to 3-11-101 is on the record as provided in 3-11-110.