Montana Code Annotated

Mont. Code Ann. § 3-6-110 (2026)

Appeal To District Court -- Record On Appeal

✓ current as of May 2026
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TITLE 3. JUDICIARY, COURTS

CHAPTER 6. MUNICIPAL COURTS

Part 1. General Provisions

Appeal To District Court -- Record On Appeal

3-6-110. Appeal to district court -- record on appeal. (1) A party may appeal to district court from a municipal court judgment or order. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority.

(2) The record on appeal to district court consists of an electronic recording or stenographic transcription of a case tried, together with all papers filed in the action.

(3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the court from which the appeal was taken.

History: En. Sec. 6, Ch. 99, L. 1991.

Notes of Decisions
Cited in 32 cases (4 in the last 5 years), 1994–2025 · leading case: State v. Ditton, 2006 MT 235 (Mont. 2006).
State v. Ditton, 2006 MT 235 (Mont. 2006). · cites it 6× “The District Court considered the appeal as its Cause Number DC-03-204.”
City of Kalispell v. Omyer Athy, 2016 MT 63 (Mont. 2016). · cites it 6× “*23 STANDARD OF REVIEW ¶9 Section 3-6-110, MCA, governing a district court’s review of a municipal court’s ruling, confines the district court’s review to the record and questions of law.”
City of Missoula v. Robertson, 2000 MT 52 (Mont. 2000). · cites it 8× “The scope of a district court’s review is a question of law because its power to review a municipal court’s decision is provided pursuant to § 3-6-110, MCA. See Quick v. Bozeman School Dist.”
City of Missoula v. Campbell, 2001 MT 271 (Mont. 2001). · cites it 15× “The District Court issued an Order on November 30,2000, notifying Campbell of the applicable municipal court appeal procedure set forth in § 3-6-110, MCA. Additionally, the court required Campbell to file a brief within ten days and stated that “[f]ailure to file a brief will…”
Stanley v. Lemire, 2006 MT 304 (Mont. 2006). · cites it 2× “See § 3-6-110(3), MCA.) Furthermore, § 25-33-302, MCA, provides that “[w]hen a judgment is reversed or set aside on a question of law arising in the justice’s or city corurt, the district court must either try the case anew or render a judgment.”
City of Missoula v. Asbury, 873 P.2d 936 (Mont. 1994). · cites it 6× “The District Court reviewed the record and questions of law pursuant to § 3-6-110, MCA. It rejected Appellants’ assertions of error, affirmed the judgment of the Municipal Court and remanded to that court for execution of the sentences imposed.”
City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017). · cites it 3× “” Section 3-6-110(1), MCA. Our review of the case is as if the appeal was originally filed in this Court and we examine the record independently of the district court’s decision.”
State v. Clark, 2005 MT 169 (Mont. 2005). · cites it 5× “On August 19, 2003, the District Court entered an order affirming the Municipal Court’s decision to continue the trial in absentia. Clark appeals therefrom. STANDARD OF REVIEW ¶8 Appeals to district court from municipal court are limited to record reviews and questions of law.”
City of Helena v. Broadwater, 2014 MT 185 (Mont. 2014). · cites it 3× “Section 3-6-110, MCA. It does not issue factual findings or make discretionary trial rulings.”
State v. Ditton, 2009 MT 57 (Mont. 2009). · cites it 4× “Thus, we state the remaining issues on appeal as follows: ¶ 11 Issue One: Did the District Court err in concluding there was particularized suspicion to justify Ditton's stop? ¶ 12 Issue Two: Did the District Court err in concluding there was probable cause for Ditton's DUI…”
City of Missoula v. Duane, 2015 MT 232 (Mont. 2015). · cites it 2× “On Duane’s appeal, the Fourth Judicial District Court, Missoula County, affirmed the Municipal Court conviction and stayed the sentence pending Duane’s appeal to this Court. STANDARD OF REVIEW ¶10 A district court’s review of a municipal court’s orders and judgment is limited to…”
City of Helena v. Heppner, 2015 MT 15 (Mont. 2015). · cites it 3× “*71 STANDARD OF REVIEW ¶9 On appeal from a municipal court, the district court functions as an intermediate appellate court.”
— Mont. Code Ann. § 3-6-110(1) — 7 cases
City of Kalispell v. Omyer Athy, 2016 MT 63 (Mont. 2016). “*23 STANDARD OF REVIEW ¶9 Section 3-6-110, MCA, governing a district court’s review of a municipal court’s ruling, confines the district court’s review to the record and questions of law.”
City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017). “” Section 3-6-110(1), MCA. Our review of the case is as if the appeal was originally filed in this Court and we examine the record independently of the district court’s decision.”
City of Missoula v. Robertson, 2000 MT 52 (Mont. 2000). “The scope of a district court’s review is a question of law because its power to review a municipal court’s decision is provided pursuant to § 3-6-110, MCA. See Quick v. Bozeman School Dist.”
City of Bozeman v. McCarthy, 447 P.3d 1048 (Mont. 2019).
State v. Giacomini, 2014 MT 93 (Mont. 2014).
— Mont. Code Ann. § 3-6-110(2) — 1 case
City of Missoula v. Lyons, 2004 MT 255 (Mont. 2004).
— Mont. Code Ann. § 3-6-110(3) — 1 case
Stanley v. Lemire, 2006 MT 304 (Mont. 2006). “See § 3-6-110(3), MCA.) Furthermore, § 25-33-302, MCA, provides that “[w]hen a judgment is reversed or set aside on a question of law arising in the justice’s or city corurt, the district court must either try the case anew or render a judgment.”
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.