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. § 25-33-104 (2026)

Papers To Be Transmitted

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 1
  5. 25-33-104 Papers to be transmitted

TITLE 25. CIVIL PROCEDURE

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

Part 1. Filing the Appeal

Papers To Be Transmitted

25-33-104. Papers to be transmitted. Upon the filing of the notice of appeal and the undertaking when required by 25-33-201, 25-33-203, and 25-33-205, the justice or judge shall, within 10 days, upon the payment of the fees for filing, transmit to the clerk of the district court a certified copy of the docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking. The justice or judge may be compelled by the district court, by an order entered upon motion, to transmit the papers and may be fined for neglect or refusal to transmit the papers. A certified copy of the order may be served on the justice or judge by the party or the party's attorney.

History: En. Sec. 639, p. 170, Bannack Stat.; re-en. Sec. 744, p. 186, Cod. Stat. 1871; re-en. Sec. 804, 1st Div. Rev. Stat. 1879; re-en. Sec. 824, 1st Div. Comp. Stat. 1887; en. Sec. 1762, C. Civ. Proc. 1895; re-en. Sec. 7123, Rev. C. 1907; re-en. Sec. 9756, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 977; re-en. Sec. 9756, R.C.M. 1935; R.C.M. 1947, 93-7903; amd. Sec. 127, Ch. 575, L. 1981; amd. Sec. 1, Ch. 63, L. 1991; amd. Sec. 505, Ch. 56, L. 2009.

Notes of Decisions
Cited in 4 cases, 1982–2017 · leading case: Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017).
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Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). · cites it 9× “10(a) and (c); § 25-33-104, MCA. Consequently, jurisdiction over an appeal generally does not vest in the district court until the justice court transmits the justice court record upon perfection of the appeal injustice court.”
City of Helena v. WHITTINGHILL, 2009 MT 343 (Mont. 2009). · cites it 2× “Rule 3, Uniform Rules for Justice and City Courts (providing that the court is the custodian of all court files, including all exhibits received); §25-33-104, MCA (providing that upon appeal from a city court, the judge must transmit to the district court a “certified copy of…”
State v. Dubray, 654 P.2d 970 (Mont. 1982). · cites it 3× “Section 25-33-104, MCA states: “Upon the filing of the notice of appeal.”
State v. Brooks, 2000 MT 29N (Mont. 2000). · cites it 2× “Brooks contends that this document was not entered in evidence in the District Court proceedings, although the document was included in the Justice Court file that was transferred to the District Court for Brooks' trial de novo. ¶11.It appears that Brooks' attorney entered this…”
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