Record on Appeal

Appeals (to Supreme Court): Record on Appeal

Siaperas v. Mont. State Fund [3/8/04] 2004 MTWCC 23 Appellant is responsible for ordering a transcript within ten days of her notice of appeal. The order must be in writing. A last minute order will not suffice and will result in the record being transmitted to the Supreme Court without a transcript.

Siaperas v. Mont. State Fund [3/8/04] 2004 MTWCC 23 Where appellant failed to take timely steps to secure a transcript, good cause is lacking for an extension of time for transmission of the record on appeal.

Bustell v. AIG Claims and Ins. Co. of PA [2/25/04] 2004 MTWCC 15 Under Rule 9 of the Rules of Appellate Procedure the appellate must designate what portions of the transcript below, if any, are necessary to the appeal. Respondent then has ten days to demand that other transcript portions be included. An untimely request to supplement the record must be denied.

Heisler v. State Compensation Ins. Fund [08/28/96] 1995 MTWCC 66A Though Supreme Court returned case to WCC to allow filing and consideration of depositions parties stated on appeal had not been considered below, those depositions had in fact been filed prior to the WCC’s ruling on motion for summary judgment and were deemed irrelevant to the issues stated in the Pretrial Order.