Part 2: Appealing a Montana Divorce Case or Appealing a Montana Parenting CaseMarybeth Sampsel
This week, I’ll be blogging about appealing decisions in Montana divorce cases or Montana parenting cases. See Part 1 of this series here.
One of the most important things to understand about filing an appeal with the Montana Supreme Court is that timing is everything. In civil cases (including divorce/parenting/child support/maintenance), a notice of appeal must be filed in the district court where the case originated within 30 days of the date of the entry of judgment or order being appealed. If you blow that deadline, an appeal may be impossible. In the event your case involves the State of Montana as a party or a political subdivision as a party, you may have a 60 day deadline.
When you begin reviewing the Montana Rules of Appellate Procedure, you will notice that there are many specific requirements for the pleadings. Word limits, paper color, cover pages, font/size…it can get pretty confusing if you are not familiar with the rules or do not know where to look. Luckily, the Montana Courts website includes an Appellate Filing Guide for guidance.