25-33-104. Papers to be transmitted. Upon the filing of the notice of appeal and the undertaking when required by 25-33-201, 25-33-203, and 25-33-205, the justice or judge shall, within 10 days, upon the payment of the fees for filing, transmit to the clerk of the district court a certified copy of the docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking. The justice or judge may be compelled by the district court, by an order entered upon motion, to transmit the papers and may be fined for neglect or refusal to transmit the papers. A certified copy of the order may be served on the justice or judge by the party or the party’s attorney.

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Terms Used In Montana Code 25-33-104

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Docket: A log containing brief entries of court proceedings.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.