§ Rule 1 Scope of rules-limitation of appeal

Codes > Montana Code > Title 25 > Montana Uniform : Part 2100 > Rule 1

Rule 1. Scope of rules--limitation of appeal

    (a) Rules govern procedure. These rules govern procedure for appeals in civil and criminal cases from a municipal court judgment or order to a district court. The party appealing is known as the appellant and the adverse party as the respondent.

    (b) Limitation of appeals. Appeal from a municipal court judgment shall be limited by city ordinance in the following cases:

        (1) In civil causes, the ordinance shall require that a minimum amount in controversy shall exceed $1,000.00, before the district court has jurisdiction to hear the appeal.

        (2) In criminal causes, the ordinance shall require that a minimum amount in controversy, fine or restitution shall exceed $300.00 before the district court has jurisdiction to hear the appeal, except if the judgment includes incarceration, no minimum fine may be required for appeal.

        (3) Appeals may be taken in criminal cases as provided in §§46-20-103 and-104, MCA.

    (c) Local rules. No local rules shall be adopted in conflict with these rules.