Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS · Part 1. Filing the Appeal
Montana Code Annotated

Mont. Code Ann. § 25-33-102 (2026)

Time For Appeal

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 1
  5. 25-33-102 Time for appeal

TITLE 25. CIVIL PROCEDURE

CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS

Part 1. Filing the Appeal

Time For Appeal

25-33-102. Time for appeal. Any party dissatisfied with the judgment rendered in a civil action in a city or justice's court may appeal therefrom to the district court of the county at any time within 30 days after the rendition of the judgment.

History: En. Sec. 637, p. 169, Bannack Stat.; re-en. Sec. 742, p. 185, Cod. Stat. 1871; re-en. Sec. 802, 1st Div. Rev. Stat. 1879; re-en. Sec. 822, 1st Div. Comp. Stat. 1887; amd. Sec. 1760, C. Civ. Proc. 1895; re-en. Sec. 7121, Rev. C. 1907; amd. Sec. 1, Ch. 4, L. 1911; re-en. Sec. 9754, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 974; re-en. Sec. 9754, R.C.M. 1935; R.C.M. 1947, 93-7901(part).

Notes of Decisions
Cited in 14 cases, 1987–2020 · leading case: Stanley v. Lemire, 2006 MT 304 (Mont. 2006).
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Stanley v. Lemire, 2006 MT 304 (Mont. 2006). · cites it 2× “Section 25-33-101, MCA, provides that “[a] judgment or order in a civil action, except when expressly made final by this code, may be reviewed as prescribed in this chapter and not otherwise” (emphasis added), and § 25-33-102, MCA, provides that “[a]ny party dissatisfied with…”
Grimes Motors, Inc. v. Nascimento, 796 P.2d 576 (Mont. 1990). · cites it 7× “Section 25-33-102, MCA, provides that a party may appeal the judgment in a civil action in justice court to district court “within 30 days after the rendition of the judgment.”
Dime Ins. Agency v. Scott John, 926 P.2d 733 (Mont. 1996). · cites it 5× “The procedure for appealing a justice court judgment is set forth in § 25-33-103, MCA, which provides: The appeal is taken by serving a copy of the notice of appeal on the adverse party or his attorney and by filing the original notice of appeal with the justice or judge.”
Goldsmith v. Lane, 735 P.2d 306 (Mont. 1987). · cites it 3× “Section 25-33-102, MCA. The appeal is taken by serving a copy of the notice of appeal on the adverse party or his attorney and by filing the original notice of appeal with the judge.”
City of Helena v. Buck, 806 P.2d 27 (Mont. 1991). · cites it 2× “It ruled that this was a civil case subject to the thirty-day time for appeal under § 25-33-102, MCA, and that judgments were rendered on the dates of the orders that bonds be forfeited, the last of which was May 4.”
Guethlein v. Fam. Inn, 2014 MT 121 (Mont. 2014). · cites it 6× “Diane Guethlein (Guethlein) filed a motion to dismiss the appeal as untimely under § 25-33-102, MCA, and for Family Inn’s failure to file an undertaking or cash bond as required by § 25-33-201, MCA.”
City of Dillon v. Warner, 2012 MT 17 (Mont. 2012). · cites it 5× “The District Court held that the City Court order *385 concerning Warner’s attempt to disqualify Judge Mohr was an interim order and so was not appealable under §25-33-102, MCA.”
In re Anderson, 420 P.3d 1018 (Mont. 2018). · cites it 6× “Section 25-33-102, MCA, establishes that appeal to a district court must be made within thirty days after a judgment is rendered.”
King Arthur v. Rosecrance, 2017 MT 251N (Mont. 2017). · cites it 6× “The District Court dismissed Rosecrance’s appeal on two grounds: (1) for failure to file a timely appeal pursuant to § 25-33-102, MCA; and (2) because the Justice Court’s judgment was not appealable pursuant to § 25-33-303, MCA.”
Crabtree v. Czech, 2016 MT 326N (Mont. 2016). · cites it 5× “A trial was held in the Cascade County Justice Court and, on October 21, 2015, the court entered its judgment, finding that Crabtree had failed to meet his burden of proof and awarding judgment to Czech.”
Nw. Collectors, Inc. v. Vanorio, 1998 MT 80 (Mont. 1998). · cites it 9× “*226 ¶2 The issue is whether the time allowed to appeal a justice court judgment to district court under § 25-33-102, MCA, is extended by three days under Rule 6 of the Montana Justice and City Court Rules of Civil Procedure (M.”
Abraham v. Hull & Swingley, 2020 MT 254N (Mont. 2020). · cites it 2× “See § 25-33-102, MCA (“Any party dissatisfied with the judgment rendered in a civil action in a .”
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