Montana Code Annotated 2023

TITLE 25. CIVIL PROCEDURE

CHAPTER 21. RULES OF APPELLATE PROCEDURE

Part 1. Rules

Remittitur

Rule 21. Remittitur.

(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision.

(2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs that it shall issue immediately upon its decision, and must be certified by the clerk of the supreme court to the clerk of the district court.

(3) In the event that the supreme court modifies its decision in response to a petition for rehearing, remittitur shall issue immediately upon the expiration of time for filing a petition for rehearing in response to the modified decision.

(4) In the event the supreme court denies a petition for rehearing, remittitur shall issue upon denial of the petition for rehearing.

History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.