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Montana Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
T. Augustus Claus
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answered on Sep 19, 2023

In Montana, you typically cannot file a motion for a new trial in district court and a notice of appeal on the same day in the same case. Filing a motion for a new trial generally extends the time for filing an appeal. The usual sequence involves filing a motion for a new trial within a specific... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Montana on
Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

T. Augustus Claus
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answered on Aug 30, 2023

"Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Montana on
Q: Would you be able to help me prepare an appeal brief based on 2 hearings whereby Decision was based on false findings?

Department of Labor and & Industry UI Division made a decision an overpayment was due after I was forced to be ... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Montana attorney could advise best, but your question remains open for four weeks. From your question asking for assistance in preparing a brief, it looks like you might be under the impression this is a law firm or legal services provider. This is only a Q & A forum, dealing with quick and... View More

1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: When a person is supposed to be on antipsychotic medications and isn't taking them but is instead using illegal drugs

And a lawsuit is filed against them, they don't show up to court because they are out of their mind and a judgment is placed against them, can they appeal now that they are sober and actually care about this no matter how long its been?? With doctors statements and later hospitalization and... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

No. Not in my opinion. But then I know only what you have written here and that is not much.

1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: How long does it generally take for an appealed case to be heard by the 9th circuit?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Go to their website and look at the dates of the cases that have recently been decided, to get an idea of how long it might take.

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