Rule 100. Forms.
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)^tu __________________________________ Attorney for________________________ Address___________________________ Phone____________________________ Fax_______________________________ E-mail____________________________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. NOTICE OF APPEAL ^tu _________________________________, 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___.^tur ____________________________________ 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___.^tur __________________________________ Name __________________________________ Address __________________________________ Title
Form 1A
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu __________________________________ Attorney for________________________ Address___________________________ Phone____________________________ Fax_______________________________ E-mail____________________________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. NOTICE OF A CHALLENGE TO THE CONSTITUTIONALITY OF AN ACT OF THE MONTANA LEGISLATURE ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
Notice is hereby given to the Supreme Court and to the Montana Attorney General that, in this action, the undersigned challenges the constitutionality of an act of the Montana legislature, namely: ____________________________________________________________ _____________________________________________________________________________. Neither the state nor any agency or any officer or employee thereof is a party to this action in the officer's or employee's official capacity.
This notice is given within 11 days of the filing of the notice of appeal, as required by M. R. App. P. 27.
Dated this ______ day of ______________, 20___.^tur ____________________________________ Attorney for__________________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing upon the Attorney General for the State of Montana, each attorney of record, and each party not represented by an attorney in the above-referenced action, as follows:
(list name and address of the Attorney General and each attorney or party served)
Dated this ___ day of __________, 20___.^tur __________________________________ Name __________________________________ Address __________________________________ Title
Form 2
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu __________________________________ Attorney for________________________ Address___________________________ Phone____________________________ Fax_______________________________ E-mail____________________________^tu _________________________________, Plaintiff/Petitioner, [] Appellant or [] Appellee, and [] Cross-Appellant or [] Cross-Appellee, v. NOTICE OF CROSS-APPEAL ^tu _________________________________, Defendant/Respondent, [] Appellant or [] Appellee, and [] Cross-Appellant or [] Cross-Appellee.
NOTICE is given that _________________ cross-appeals to the Supreme Court of the State of Montana from the final judgment or order entered in Cause No. _______ in the ____________ Judicial District, in and for the County of _____________, on the _____day of _____________, 20___.
THE CROSS-APPELLANT FURTHER CERTIFIES:
1. That this cross-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 cross-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 involving the issue(s) cross-appealed ____have been/have not been____ ordered from the court reporter contemporaneously with the filing of this notice of cross-appeal. If all available transcripts have not been ordered, that Cross-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___.^tur ____________________________________ Attorney for__________________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF CROSS-APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF CROSS-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___.^tur __________________________________ Name __________________________________ Address __________________________________ Title
Form 3
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. MOTION AND AFFIDAVIT TO PROCEED ON APPEAL WITHOUT PAYMENT OF FILING FEE ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
I move this Court to proceed without payment of the filing fee in this cause, and I submit this Affidavit in support of my motion.
I, ________________________________, being first duly sworn, depose and say that I am the _____________ (designation of party) in the above-entitled cause; that in support of my application to proceed on appeal without being required to pay the filing fee, I state that because of my financial condition I am unable to pay the filing fee; that I believe I am entitled to redress; and that the issues which I desire to present on appeal are the following: ^tu
I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the cost of prosecuting the appeal are true.
1. Are you presently employed? _______
a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer. ^tu
b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received.
2. Have you received within the past 12 months any income from a business, profession, or other form of self-employment, or in the form of rent payments, interest, dividends, or other source? If the answer is yes, describe each source of income and state the amount received from each during the past 12 months.
3. Do you own any cash or checking or savings account? If the answer is yes, state the total value of the items owned.
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If the answer is yes, describe the property and state its approximate value.
5. List the persons who are dependent upon you for support and state your relationship to those persons.
I understand that a false statement or answer to any question in this affidavit will subject me to penalties for perjury.^tur ____________________________________
Subscribed and sworn to before me this _____day of _____________, 20___.^tu SEAL ___________________________________ ^tur Notary Public for the State of Montana Residing at _________________________ My Commission expires _______________
Form 4
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. NOTICE REQUIRING FILING OF AMENDED NOTICE OF APPEAL OR CROSS-APPEAL ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
NOTICE of ____Appeal/Cross-Appeal____ was filed on __________________, 20___, in that cause of action filed in the ____________ Judicial District, in and for the County of ________________, as Cause No. ______.
The notice does not contain the following required certification(s):
1. ___ That this matter ____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 matter _____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 to the notice of appeal/cross-appeal as Exhibit "A."
3. ____ That all available transcripts of the proceedings in this cause involving the issue(s) appealed _____have been/have not been_____ ordered from the court reporter contemporaneously with the filing of the 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 all available transcripts of the proceedings in this cause involving the issue(s) cross-appealed _____have been/have not been_____ ordered from the court reporter contemporaneously with the filing of the notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of cross-appeal.
5. ____ That a copy of the notice of ____appeal/cross-appeal____ has been contemporaneously filed in the office of the Clerk of the District Court and served by mail on all attorneys of record and on all parties not represented by an attorney.
____ The notice of appeal/cross-appeal was not accompanied by 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. PLEASE NOTE THAT THE NOTICE OF APPEAL/CROSS-APPEAL WILL NOT BE FILED UNTIL THE FILING FEE IS PAID OR THE AFFIDAVIT FILED.
You are hereby directed to correct the above-checked deficiencies within 11 days of the date of this notice and to bring the notice into compliance with M. R. App. P. 4.
True copies of this notice have been provided to all attorneys of record and to all parties not represented by an attorney.
Dated this ____ day of ___________, 20___. ^tur _______________________________ Clerk of the Supreme Court
Form 5
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. SELECTION OF MEDIATOR ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
COME NOW the parties and advise that they have stipulated to and selected __________________________ as mediator for purposes of complying with the requirements of M. R. App. P. 7(4)(c).
Dated this ___ day of __________, 20___.^tur __________________________________ Attorney for Appellant __________________________________ Attorney for Appellee
Form 6
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. ORDER OF MEDIATOR APPOINTMENT ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
This appeal being subject to M. R. App. P. 7, and the parties having failed to jointly and timely select a mediator under M. R. App. P. 7(4)(c),
IT IS ORDERED that __________________________, whose name appears next on the list of attorneys desiring appointment as mediators for [] workers' compensation [] domestic relations [] money damages appeals which is maintained pursuant to M. R. App. P. 7(4)(e), is hereby appointed to conduct the mediation process required by M. R. App. P. 7(5); and
IT IS FURTHER ORDERED that the time periods set forth in M. R. App. P. 7(5)(d) shall run from the date of this order of appointment.
True copies of this order are being provided to counsel of record for the parties, or to the parties individually if not represented by counsel.
Dated this ___ day of __________, 20___.^tur __________________________________ Clerk of the Supreme Court
Form 7
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. STATEMENT OF POSITION ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
A statement of position shall be 10 pages or less, double spaced. Transcript excerpts, items related to admissibility, and exhibits of record may be attached. The Judgment/Order from which appeal is taken must be attached. The statement of position must be submitted to the mediator and opposing counsel/parties in accordance with M. R. App. P. 7(5)(f).
A statement of position shall include:
(1) Issues on appeal and the manner in which each issue was preserved;
(2) Applicable standard of review for each issue;
(3) Analysis of each issue, statement of position, and citations of legal authority;
(4) Judgment/order appealed; and
*(5) Factors impacting settlement.
*A confidential submission may be filed separately with the mediator indicating factors impacting settlement as provided in M. R. App. P. 7(6).
Form 8
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________^tu _________________________________, Plaintiff/Petitioner and [] Appellant or [] Appellee, v. MEDIATOR'S REPORT ^tu _________________________________, Defendant/Respondent and [] Appellant or [] Appellee.
As a result of the settlement conference, this case is
[] SETTLED
[] Settlement agreement to be prepared by ____________________ no later than ______________, 20__.
[] Stipulation for dismissal to be filed within 15 days of the date of this order.
[] NOT SETTLED
Dated this ___ day of __________, 20___.^tur __________________________________ Mediator
(File with the clerk of the supreme court and provide copies to the clerk of the district court and to the parties.)
Form 9
IN THE DISTRICT COURT OF THE _____ JUDICIAL DISTRICT IN AND FOR THE COUNTY OF ____________________ STATE OF MONTANA^tu _________________________________, Plaintiff/Petitioner Cause Number ___________ v. NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL ^tu _________________________________, Defendant/Respondent.
NOTICE is given that _____________________________, the Appellant in the above-named case, hereby determines the following transcripts are necessary for appeal. Please check only those transcripts required:
( ) No transcripts are necessary
( ) Jury Voir Dire
( ) Opening Statements
( ) Closing Arguments
( ) Trial Proceedings (all testimony, in-chambers discussions, and jury verdict)
( ) Pre-Trial Proceedings (specify by description and date of proceeding) ^tu
( ) Post-Trial Proceedings ^tu
( ) Other (specify by description and date of proceeding) ^tu
( ) The following transcripts have been prepared previously and are deemed necessary on appeal, and appellant requests the court reporter(s) prepare such transcripts in the proper format for filing with the supreme court and service on Appellee(s) (specify by description and date of proceeding) ^tu
The court reporter(s) responsible for the preparation of these transcripts is/are ^tu
It is further certified that financial arrangements were made with the court reporter(s) before filing this Notice.
Dated this ___ day of __________, 20___.^tur __________________________________ Attorney for _____________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL with the Clerk of the District Court and that I have served true and accurate copies of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL upon each attorney of record, each court reporter from whom a transcript has been ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:
(list name and address of Clerk of the District Court, each court reporter, and each attorney or party served).
Dated this ___ day of __________, 20___.^tur __________________________________ Name ^tur __________________________________ Address ^tur __________________________________ Title 