Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT · Part 8. Judgment -- Appeal
Montana Code Annotated

Mont. Code Ann. § 25-35-804 (2026)

Record On Appeal

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 35
  4. Part 8
  5. 25-35-804 Record on appeal

TITLE 25. CIVIL PROCEDURE

CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT

Part 8. Judgment -- Appeal

Record On Appeal

25-35-804. Record on appeal. (1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal.

(2) When notice of appeal is filed, the justice shall forward the electronic recording or transcript of the stenographic record of the proceedings to the district court, together with the original papers filed, certified by the justice to be accurate and complete. When the record is transferred to the clerk of the district court, the justice shall notify the parties in writing.

History: En. Sec. 22, Ch. 586, L. 1981; amd. Sec. 519, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases, 1995–2015 · leading case: Spence v. Ortloff, 898 P.2d 1232 (Mont. 1995).
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Spence v. Ortloff, 898 P.2d 1232 (Mont. 1995). · cites it 3× “It is implicit in the commands of §§ 25-35-703 and -804(2), MCA, that a district court must have the opportunity to review the record from a small claims court.”
T. Kiser v. N. Kiser & McDowell, 2015 MT 315, 360 P.3d 1139. · cites it 3× “Section 25-35-804(1), MCA, requires the record of the small claims court proceedings to be transferred to district court within 30 days of that notice, at which time the justice of the peace is to “notify the parties in writing” that the record has been transferred.”
Petersen v. Aladdin Steel Prods., Inc., 1999 MT 262, 989 P.2d 385. · cites it 8× “The duty of the district court clerk to collect a $10 transfer fee under § 25-l-201(l)(k), MCA, is unrelated to the duty of the appealing party to perfect an appeal from small claims court under § 25-35-804(1), MCA.”
Mont. Code Ann. § 25-35-804(1): 2 cases
T. Kiser v. N. Kiser & McDowell, 2015 MT 315, 360 P.3d 1139. “Section 25-35-804(1), MCA, requires the record of the small claims court proceedings to be transferred to district court within 30 days of that notice, at which time the justice of the peace is to “notify the parties in writing” that the record has been transferred.”
Petersen v. Aladdin Steel Prods., Inc., 1999 MT 262, 989 P.2d 385. “The duty of the district court clerk to collect a $10 transfer fee under § 25-l-201(l)(k), MCA, is unrelated to the duty of the appealing party to perfect an appeal from small claims court under § 25-35-804(1), MCA.”
Mont. Code Ann. § 25-35-804(2): 2 cases
Spence v. Ortloff, 898 P.2d 1232 (Mont. 1995). “It is implicit in the commands of §§ 25-35-703 and -804(2), MCA, that a district court must have the opportunity to review the record from a small claims court.”
Petersen v. Aladdin Steel Prods., Inc., 1999 MT 262, 989 P.2d 385. “The duty of the district court clerk to collect a $10 transfer fee under § 25-l-201(l)(k), MCA, is unrelated to the duty of the appealing party to perfect an appeal from small claims court under § 25-35-804(1), MCA.”
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