Rule 1 Title and scope
Rule 2 Parties – amicus curiae – captions
Rule 3 Interpretation of time requirements
Rule 4 How and when to take an appeal or cross-appeal
Rule 5 Proceeding without the required filing fee
Rule 6 Application of these rules
Rule 7 Mandatory appellate alternative dispute resolution
Rule 8 The record
Rule 9 Transmission of the record and other matters relating to the record on appeal
Rule 10 Filing and service of papers – generally
Rule 11 Form of briefs and other papers – duplication
Rule 12 Briefs
Rule 13 Filing and service of briefs
Rule 14 Jurisdiction – extraordinary writs – supervisory control – original proceedings
Rule 15 Certification of questions of law
Rule 16 Motions
Rule 17 Oral arguments
Rule 18 Media access to court proceedings
Rule 19 Relief
Rule 20 Petitions for rehearing
Rule 21 Remittitur
Rule 22 Stay of judgment or order pending appeal
Rule 23 Undertaking for costs on appeal
Rule 24 Sureties
Rule 25 Substitution of parties in civil cases – acts of personal representatives or guardians when appointment vacated
Rule 26 Extension of time
Rule 27 Notice involving constitutional questions where the state is not a party
Rule 28 Minutes of supreme court
Rule 29 Suspension of the rules
Rule 30 Judicial waiver appeals
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Terms Used In Montana Code > Title 25 > Chapter 21 > Part 1 - Rules

  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legacy: A gift of property made by will.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Probate: Proving a will
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203