Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 20. APPEALS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-20-101 (2026)

Single Method Of Review In Criminal Cases

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 20
  4. Part 1
  5. 46-20-101 Single method of review in criminal cases

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 20. APPEALS

Part 1. General Provisions

Single Method Of Review In Criminal Cases

46-20-101. Single method of review in criminal cases. (1) This chapter shall govern review in all criminal cases.

(2) All existing methods of review in criminal cases in the state are abolished. After January 1, 1968, the only method of review in criminal cases shall be by notice of appeal.

History: En. 95-2401 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2401.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1996–2021 · leading case: State v. Tweed, 2002 MT 286 (Mont. 2002).
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State v. Tweed, 2002 MT 286 (Mont. 2002). · cites it 3× “, requires a convicted person to file notice within 60 days after entry of judgment to perfect an appeal. Failing that, a district court may grant a motion to extend the time for filing notice for another 30 days “upon a showing of excusable neglect or good cause.”
State v. Moorman, 928 P.2d 145 (Mont. 1996). · cites it 2× “Moorman did not appeal the legality of his sentence pursuant to §§ 46-20-101 through -104, MCA. Instead, he petitioned the Sentence Review Division of the Supreme Court of Montana to review his dangerous offender designation pursuant to §§ 46-18-901 through -905, MCA.”
State v. Osborn, 2015 MT 48 (Mont. 2015). “A criminal defendant seeking to challenge the legality of a sentence must follow the method established in § 46-20-101(2), which provides that the only method of review in criminal cases shall be by notice of appeal to the Montana Supreme Court.”
Fauque v. Hildenstab (Mont. 2021). “See § 46-20-101,-104, MCA;M. R. App. P. 4(5)(b)(i); § 46-22-101(2), MCA.”
Off. of State Pub. Def. v. Fagenstrom, 439 P.3d 1285 (Mont. 2019). “See §§ 46-20-101, -103, -104, MCA ; M. R. App.”
Mont. Code Ann. § 46-20-101(2): 2 cases
State v. Tweed, 2002 MT 286 (Mont. 2002). “, requires a convicted person to file notice within 60 days after entry of judgment to perfect an appeal. Failing that, a district court may grant a motion to extend the time for filing notice for another 30 days “upon a showing of excusable neglect or good cause.”
State v. Osborn, 2015 MT 48 (Mont. 2015). “A criminal defendant seeking to challenge the legality of a sentence must follow the method established in § 46-20-101(2), which provides that the only method of review in criminal cases shall be by notice of appeal to the Montana Supreme Court.”
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.