Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
A: 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 time frame after the judgment is entered. If the district court denies this motion, you then have a limited period, often 30 days from the entry of the final judgment, to file a notice of appeal to the Montana Supreme Court.
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