SENATE BILL NO. 20
INTRODUCED BY M. HALLIGAN
AN ACT CODIFYING THE FAMILY LAW EXCEPTION TO THE APPEAL OF CONTEMPT JUDGMENTS OR ORDERS; ALLOWING THE APPEAL OF A CONTEMPT JUDGMENT OR ORDER IN A FAMILY LAW PROCEEDING ONLY WHEN THE JUDGMENT OR ORDER APPEALED FROM INCLUDES AN ANCILLARY ORDER THAT AFFECTS THE SUBSTANTIAL RIGHTS OF THE PARTIES INVOLVED; AND AMENDING SECTION 3-1-523, MCA.
WHEREAS, in Lee v. Lee, 2000 MT 67, 996 P.2d 389, 57 St. Rep. 308 (2000), the Montana Supreme Court formally adopted the "family law" exception for appeals of contempt orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-1-523, MCA, is amended to read:
"3-1-523. Judgment and orders in contempt cases final -- family law exception. (1) The
judgment and orders of the court or judge made in cases of contempt are final and conclusive. There
Except as provided in subsection (2), there is no appeal, but the action of a district court or judge can be
reviewed on a writ of certiorari by the supreme court or a judge justice thereof of the supreme court and
the action of a justice of the peace or other court of limited jurisdiction can be reviewed by the district
court or judge of the county in which such the justice or judge of such the court of limited jurisdiction
resides.
(2) A party may appeal a contempt judgment or order in a family law proceeding only when the judgment or order appealed from includes an ancillary order that affects the substantial rights of the parties involved."
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