The notice of appeal is the document that starts an appeal of a District Court order in the Montana Supreme Court. The Montana Judicial Branch publishes it as Form 1 of the Montana Rules of Appellate Procedure (M.R.App.P.), and Rule 4(2) requires it to be filed in the office of the Clerk of the Supreme Court. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The official PDF is published by the Montana Judicial Branch at courts.mt.gov, and filing follows the court's rules.
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What is Form 1, M.R.App.P.?
The Notice of Appeal is the form a party files to appeal a final judgment or order of a Montana District Court to the Supreme Court of the State of Montana. It names the appellant, identifies the District Court case being appealed and carries the appellant's certifications.
The Montana Supreme Court has revised its Rules of Appellate Procedure. Rule 4(2) now requires the notice of appeal to be filed in the office of the Clerk of the Supreme Court. For an appeal from a District Court order, the notice must substantially comply with Form 1, M.R.App.P., which is the form on this page.
The form has three parts. The first is the caption and the notice itself: the Supreme Court cause number, the parties, the appellant's name, the Judicial District and County, the District Court cause number and the date of the judgment or order appealed. The second is five certifications by the appellant, covering mediation under M. R. App. P. 7, certification of finality under M. R. Civ. P. 54(b), notice under M. R. App. P. 27 of a constitutional challenge, transcripts under M. R. App. P. 8(3) and the filing fee or affidavit to proceed without paying it. The third is a Certificate of Service.
The form is not a petition for postconviction relief, a habeas corpus petition or a motion to proceed without paying the fee; the Judicial Branch lists those as separate forms.
Who needs to file Form 1, M.R.App.P.?
The appellant, meaning the party who is appealing, uses this form when appealing a final judgment or order of a Montana District Court to the Montana Supreme Court. The form describes the appellant as the plaintiff or petitioner in the District Court case, and it has a space to state that role.
The form also applies in these situations:
- An appeal from an order certified as final under M. R. Civ. P. 54(b) uses the same form, with a copy of the District Court's certification order attached as Exhibit "A."
- An appellant who cannot pay the filing fee includes the affidavit to proceed without payment instead, described in the form as Form 3 in the Appendix of Forms.
- An appellant who challenges the constitutionality of an act of the Montana Legislature gives the notice required by M. R. App. P. 27 to the Supreme Court and the Montana Attorney General.
Do not use this form for a conviction in the United States District Court, District of Montana. The Judicial Branch directs people in that situation to the federal court's forms at http://www.mtd.uscourts.gov/forms. The form has a signature line for the Appellant and a second one under the Certificate of Service.
When to file Form 1, M.R.App.P.
File the notice of appeal after a District Court enters the final judgment or order you are appealing; the form asks for the date that judgment or order was entered. No filing deadline is printed on the form itself, so confirm the time limit in the Montana Rules of Appellate Procedure or with the Clerk of the Supreme Court.
Several steps happen at the same time as the filing. The form certifies that all available transcripts have been, or have not been, ordered from the court reporter contemporaneously with filing the notice. It also states that the filing fee, or the affidavit to proceed without payment, is included with it. The Certificate of Service is dated when the notice is filed and served.
Documents you need
- The filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee (Form 3 in the Appendix of Forms), included with the notice.
- A true copy of the District Court's certification order, attached as Exhibit "A," only if the appeal is from an order certified as final under M. R. Civ. P. 54(b).
How to fill out Form 1, M.R.App.P.
Confirm the form fits your appeal
Use this form when you appeal an order of the District Court; the notice must substantially comply with Form 1, M.R.App.P. It is filed with the Clerk of the Supreme Court.
Complete the caption
Enter the Supreme Court Cause No. space, the Appellant and the Appellee. The title NOTICE OF APPEAL is already printed.
Identify yourself and the lower case
Enter the Appellant's name and your role as plaintiff or petitioner. Then enter the Judicial District, the County, the District Court Cause No. and the date the final judgment or order was entered.
Answer certification 1 on mediation
State whether the appeal is or is not subject to mediation under M. R. App. P. 7. If it is, state whether the money judgment sought is or is not less than the amount printed on the form.
Answer certification 2 on Rule 54(b)
State whether the appeal is or is not from an order certified as final under M. R. Civ. P. 54(b). If it is, attach a true copy of the certification order as Exhibit "A."
Review certification 3 on notice
This certification covers the M. R. App. P. 27 notice to the Supreme Court and the Attorney General about a constitutional challenge to an act of the Montana Legislature.
Answer certification 4 on transcripts
State whether all available transcripts have or have not been ordered from the court reporter. If they have not, the form says you have complied with M. R. App. P. 8(3).
Confirm certification 5 on the fee
Certification 5 states that the filing fee prescribed by statute, or the affidavit to proceed without payment (Form 3), is included with the notice.
Date and sign as Appellant
Enter the day, month and year in the Dated this line and sign above the word Appellant.
Complete the Certificate of Service
List the name and address of the Clerk of the District Court and of each attorney or party served. Then enter the date and sign above Appellant.
Review and download the PDF
Check the cause numbers, dates and certifications. Download or print the completed PDF from FillingPDF, then file and serve it as described under How to submit.
How to submit Form 1, M.R.App.P.
The notice of appeal is filed in the office of the Clerk of the Supreme Court, as Rule 4(2) requires, and then served on the other participants in the District Court case. The form prints no mailing address, portal or hours for the Clerk's office.
- Filing with the Supreme Court: file the signed notice with the Clerk of the Montana Supreme Court. Include the filing fee prescribed by statute, or the affidavit to proceed without payment of the filing fee (Form 3 in the Appendix of Forms). Contact the Clerk's office for the fee amount and accepted payment methods.
- Exhibit "A": attach a true copy of the District Court's certification order if the appeal is from an order certified as final under M. R. Civ. P. 54(b).
- Service: serve true and accurate copies on the Clerk of the District Court, each attorney of record, and each party not represented by an attorney. List each name and address in the Certificate of Service.
- Constitutional challenge: give the M. R. App. P. 27 notice to the Supreme Court and the Montana Attorney General within the period printed on the form.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing the notice anywhere other than the office of the Clerk of the Supreme Court, which Rule 4(2) requires.
- Leaving certification 1, 2 or 4 unmarked instead of choosing "is" or "is not," or "have been" or "have not been."
- Omitting Exhibit "A," a true copy of the certification order, when the appeal is from an order certified as final under M. R. Civ. P. 54(b).
- Sending the notice without the filing fee prescribed by statute or the affidavit to proceed without payment.
- Not ordering all available transcripts with the filing, and not complying with M. R. App. P. 8(3) when they are not ordered.
- Skipping the M. R. App. P. 27 notice to the Supreme Court and the Attorney General when challenging the constitutionality of an act of the Montana Legislature.
- Serving only the Supreme Court and not the Clerk of the District Court, each attorney of record and each unrepresented party.
- Leaving the names and addresses blank in the Certificate of Service.
Frequently asked questions
What is a notice of appeal in the Montana Supreme Court?
It is the document that starts an appeal of a District Court order or final judgment in the Montana Supreme Court. Rule 4(2) requires it to be filed with the Clerk of the Supreme Court, and the notice must substantially comply with Form 1, M.R.App.P.
Where do I file the Montana notice of appeal?
File it in the office of the Clerk of the Supreme Court, as Rule 4(2) requires. The form prints no address or portal, so contact the Clerk's office for filing details. You also serve copies on the District Court Clerk, attorneys of record and unrepresented parties.
Who must I serve with the notice of appeal?
The Certificate of Service names the Clerk of the District Court, each attorney of record and each party not represented by an attorney in the District Court action. List each name and address there, and sign and date the certificate.
Do I have to pay a filing fee to appeal?
Certification 5 says the filing fee prescribed by statute is included with the notice, or else the affidavit to proceed without payment of the filing fee (Form 3 in the Appendix of Forms). The form prints no amount; ask the Clerk of the Supreme Court.
When do I attach Exhibit "A" to the notice of appeal?
Only when the appeal is from an order certified as final under M. R. Civ. P. 54(b). In that case you attach a true copy of the District Court's certification order as Exhibit "A." Otherwise, mark certification 2 "is not."
Do I need to order transcripts when I file?
Certification 4 asks whether all available transcripts have been ordered from the court reporter at the time you file. If they have not all been ordered, you state that you have complied with M. R. App. P. 8(3) when filing.
Can I fill out the notice of appeal online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the notice with the court; you file and serve it through the channels the court requires.
Is there help for appealing without an attorney?
The Montana Judicial Branch publishes the Civil Handbook: Proceeding before the Montana Supreme Court without an Attorney, an 87-page resource with tables, forms and a glossary. It was written for civil appeals, though some procedures apply to appeals raised by inmates.
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