Part 3: Appealing a Montana Divorce Case or Appealing a Montana Parenting CaseMarybeth Sampsel
Though there are several other documents that are required in throughout the appellate process, the “guts” of the case is set forth in a brief filed by each party. A brief is a written argument filed by each party that explains why that party should win. The brief explains to the Montana Supreme Court the facts of the case, the procedural posture (what happened at district court) and the argument of law.
Once the Supreme Court has made their decision, it will be set forth in an opinion. The opinion is a written explanation of the Court’s decision. Past decisions by the Montana Supreme Court can be located at the Montana Courts website. The Montana Courts website also provides copies of the briefs filed by each party.