Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS · Part 2. Undertaking on Appeal -- Stay of Execution
Montana Code Annotated

Mont. Code Ann. § 25-33-207 (2026)

Defective Undertaking

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 2
  5. 25-33-207 Defective undertaking

TITLE 25. CIVIL PROCEDURE

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

Part 2. Undertaking on Appeal -- Stay of Execution

Defective Undertaking

25-33-207. Defective undertaking. No appeal shall be dismissed for insufficiency of the undertaking thereon or for any defect or irregularity therein if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to dismiss the appeal, which undertaking must be approved by the district judge.

History: En. Sec. 1767, C. Civ. Proc. 1895; re-en. Sec. 7128, Rev. C. 1907; re-en. Sec. 9761, R.C.M. 1921; re-en. Sec. 9761, R.C.M. 1935; R.C.M. 1947, 93-7908.

Notes of Decisions
Cited in 5 cases, 1981–2017 · leading case: North Cent. Servs., Inc. v. Hafdahl, 625 P.2d 56 (Mont. 1981).
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North Cent. Servs., Inc. v. Hafdahl, 625 P.2d 56 (Mont. 1981). · cites it 6× “Yet, in an appeal from justice court to District Court, where a trial de novo is required, a bond must be posted, section 25-33-201, MCA, through section 25-33-207, MCA. Because the prohibition against a trial de novo is unconstitutional, we are left without an appropriate…”
Dime Ins. Agency v. Scott John, 926 P.2d 733 (Mont. 1996). · cites it 7× “Section 25-33-207, MCA, provides that an appeal shall not be dismissed for insufficiency of the undertaking thereon or for any defect or irregularity therein if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to dismiss the…”
Alto Jake Holdings, LLC v. Donham, 2017 MT 297, 406 P.3d 937. · cites it 2× “Upon acquisition of jurisdiction on filing of the justice court record, the district court may rule on the pending indigency waiver request: (1) on motion of the adverse party pursuant to § 25-33-207, MCA; (2) on the appellant’s renewed motion or request for ruling pursuant U.”
Adams v. Crismore, 683 P.2d 497 (Mont. 1984). · cites it 3× “Section 25-33-207, MCA provides: “Defective undertaking.”
Cox v. Kobelt, 2012 MT 190, 285 P.3d 538. · cites it 5× “if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to *131 dismiss the appeal .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.