§ Form 1 Notice of Appeal
Form 1. Notice of Appeal
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No. __________
(To be assigned by the Clerk of the Supreme Court)
______________________________________
Attorney for ______________________________________
Address ______________________________________
Phone ______________________________________
Fax ______________________________________
E-mail ______________________________________
______________________________________,
Appellant,
v. NOTICE OF APPEAL
______________________________________,
Appellee.
NOTICE is given that __________, the Appellant above-named and who is the __________ (plaintiff/petitioner/or other designation) in that cause of action filed in the __________ Judicial District, in and for the County of __________, as Cause No. ___, hereby appeals to the Supreme Court of the State of Montana from the final judgment or order entered in such action on the ___ day of __________, 2 ___.
THE APPELLANT FURTHER CERTIFIES:
1. That this appeal ___ is/is not ___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ___ is/is not ___ less than $5,000.
2. That this appeal ___ is/is not ___ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court's certification order is attached hereto as Exhibit “A.”
3. That the notice required by M. R. App. P. 27 has been or will be given, within 11 days of the date hereof, to the Supreme Court and to the Montana Attorney General with respect to a challenge to the constitutionality of any act of the Montana Legislature.
4. That all available transcripts of the proceedings in this cause ___ have been/have not been ___ ordered from the court reporter contemporaneously with the filing of this notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal.
5. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3.
Dated this ___ day of __________, 2 ___.
____________________
Attorney for ____________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF APPEAL with the Clerk of the Montana Supreme Court; and that I have served true and accurate copies of the foregoing NOTICE OF APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:
(list name and address of the Clerk of the District Court, each court reporter, and each attorney or party served).
Dated this ___ day of __________, 2 ___.
____________________
Name
____________________
Address
____________________
Title