25-33-303. Appeal from judgment by default. There is no appeal from a judgment by default rendered in a justice’s or city court except on questions of law which appear on the face of the papers or proceedings and except in cases when the justice’s or city court has abused its discretion in setting aside or refusing to set aside a default or judgment. If the judgment by default is set aside, the district court must allow pleadings to be filed and try the case.

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Terms Used In Montana Code 25-33-303

  • 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.