§ Form 4 Notice Requiring Filing of Amended Notice of Appeal or Cross-Appeal

Form 4. Notice Requiring Filing of Amended Notice of Appeal or Cross-Appeal

    IN THE SUPREME COURT OF THE STATE OF MONTANA

    Supreme Court Cause No. __________

    ______________________________________,

    Appellant,

    v.                                                                  NOTICE REQUIRING FILING

                                                                         OF AMENDED NOTICE OF

                                                                         APPEAL OR CROSS-APPEAL

    ______________________________________,

    Appellee.

    NOTICE of ___ Appeal/Cross-Appeal ___ was filed on __________, 2 ___, in that cause of action filed in the __________ Judicial District, in and for the County of __________, as Cause No. ___. The notice does not contain the following required certification(s):

    1. ___ That this matter ___ 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 matter ___ 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 to the notice of appeal/cross-appeal 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 involving the issue(s) appealed ___ 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 all available transcripts of the proceedings in this cause involving the issue(s) cross-appealed ___ have been/have not been ___ ordered from the court reporter contemporaneously with the filing of this notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of cross-appeal.

    6. ___ That a copy of the notice of ___ appeal/cross-appeal ___ has been contemporaneously filed in the office of the Clerk of the District Court and served by mail on all attorneys of record and on all parties not represented by an attorney.

    7. ___ That the notice of appeal/cross-appeal was not accompanied by 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. PLEASE NOTE THAT THE NOTICE OF APPEAL/CROSS-APPEAL WILL NOT BE FILED UNTIL THE FILING FEE IS PAID OR THE AFFIDAVIT FILED.

    You are hereby directed to correct the above-checked deficiencies within 11 days of the date of this notice and to bring the notice into compliance with M. R. App. P. 4.

    A true copy of this notice has been mailed on the date hereof to all attorneys of record and to all parties not represented by an attorney.

    Dated this ___ day of __________, 2 ___.

    ____________________

    Clerk of the Supreme Court