Notice from the Montana Supreme Court

Dear Clerks:

I want to bring to your attention a change made during the 2007 legislative session regarding the appellate filing fee that takes effect JULY 1, 2007.
HB 402 modified Section 3-2-403, M.C.A. to raise the appellate filing fee in civil cases (no fee is required in criminal cases) from $75.00 to $100.00. Correspondingly, please note that the fee is now for the filing of the Notice of Appeal and thus should be collected at the time the notice is filed.
If asked, the check should be made payable to "The Clerk of the Supreme Court" and may be sent to us along with the copy of the Notice of Appeal that Rule 4(d) M.R.App.P. requires you send to this office. If a party is indigent and has received informa pauperis (IFP) status, please attach a copy of the order granting IFP status to the copy of the notice of appeal that is sent to my office.

Furthermore, and as you may already be aware, new Rules of Appellate Procedure will be adopted shortly and will go into effect October 1, 2007. Under the new rules, the notice of appeal will be filed in my office directly and also in your offices. At that time I will be responsible for collecting the fee (or IFP application) which must accompany the notice of appeal filed in my office.

Thank you for your cooperation regarding this statutory change and please do not hesitate to contact me should you have any questions in this regard.


Ed Smith
Clerk of the Supreme Court