25-33-103. How appeal taken. The appeal is taken by serving a copy of the notice of appeal on the adverse party or the adverse party's attorney and by filing the original notice of appeal with the justice or judge. The order of serving and filing is immaterial.
Montana Code Annotated
Mont. Code Ann. § 25-33-103 (2026)
How Appeal Taken
✓ current as of May 2026
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TITLE 25. CIVIL PROCEDURE
CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS
Part 1. Filing the Appeal
How Appeal Taken
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); amd. Sec. 504, Ch. 56, L. 2009.
Notes of Decisions
Cited in 4
cases, 1987–2017 · leading case: Dime Ins. Agency v. Scott John, 926 P.2d 733 (Mont. 1996).
Dime Ins. Agency v. Scott John, 926 P.2d 733 (Mont. 1996). “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.”
State v. Neal E. Fehringer, 2013 MT 10, 293 P.3d 853. “Fehringer did not raise the jury selection issue until he had been convicted in Justice Court and appealed to District Court pursuant to § 25-33-103, MCA. At that time he argued that there was error because it was “unknown” how the jurors were selected from the jury pool, and…”
Goldsmith v. Lane, 735 P.2d 306 (Mont. 1987). “Section 25-33-103, MCA. However, an appeal is not effectuated for any purpose unless an undertaking is filed in accordance with the statutory requirements of Section 25-33-201, MCA, except that a deposit of money in lieu of undertaking in the amount of judgment plus $300 is…”
Alto Jake Holdings, LLC v. Donham, 2017 MT 297, 406 P.3d 937. “While recognizing the long-settled rule that the district court does *446 not acquire jurisdiction over an appeal unless and until the appellant has complied with the statutory notice of appeal and undertaking requirements, we held only that, read to together in context, §§…”
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