Tit. 25, ch. 21, Appendix of Forms, form 1, MCA

Current through the 2023 Regular Session

Form 1 - Form 1

IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No.__________

(To be assigned by the Clerk of the Supreme Court)

__________________________________

Attorney for________________________

Address___________________________

Phone____________________________

Fax_______________________________

E-mail____________________________

_________________________________,

Plaintiff/Petitioner and

[] Appellant or [] Appellee,

v. NOTICE OF APPEAL

_________________________________,

Defendant/Respondent and

[] Appellant or [] Appellee.

NOTICE is given that _____________, the Appellant above-named and who is the ______________(plaintiff/petitioner/or other designation) in that cause of action filed in the ____________ Judicial District, in and for the County of _____________ as Cause No.______, hereby appeals to the Supreme Court of the State of Montana from the final judgment or order entered in such action on the ____ day of _____________, 20____.

THE APPELLANT FURTHER CERTIFIES:

1. That this appeal ____is/is not___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ____is/is not____ less than $5,000.

2. That this appeal _____is/is not____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court's certification order is attached hereto as Exhibit "A."

3. That all available transcripts of the proceedings in this cause _____have been/have not been ____ ordered from the court reporter contemporaneously with the filing of this notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal.

4. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3.

Dated this ______day of ______________, 20___.

____________________________________

Attorney for__________________________

CERTIFICATE OF SERVICE

I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:

(list name and address of the Clerk of the District Court, each court reporter, and each attorney or party served)

Dated this ___ day of __________, 20___.

__________________________________

Name

__________________________________

Address

__________________________________

Title

Tit. 25, ch. 21, Appendix of Forms, form 1, MCA