Butte, MontanaButte Appeals
Butte Appeals Lawyers: Civil Appeals from the Second Judicial District and the Federal Butte Division
Boland Aarab PLLP.
A civil judgment from the Second Judicial District Court in Butte is appealed to the Montana Supreme Court. A judgment from the federal Butte Division goes to the Ninth Circuit. In most Montana civil cases, the notice of appeal is due 30 days after entry of judgment, or 60 when a government is a party. Act quickly.
Facing an appeal from a Butte court, or need help protecting a verdict? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does an appeal from a Butte court work?
From state court. Civil cases in Silver Bow County are tried in the Second Judicial District Court (§ 3-5-101(2), MCA), which sits in the Silver Bow County Courthouse at 155 West Granite Street. Montana has no intermediate appellate court for these cases, so an appeal from a final judgment goes directly to the Montana Supreme Court in Helena.
The practical steps in a Butte appeal:
- The notice of appeal is filed within the deadline (below), with the required copies to the Montana Supreme Court and the district court.
- The record. The Clerk of District Court in Silver Bow County assembles and transmits the district court record: the pleadings, motions, orders, exhibits and judgment.
- Transcripts. The appellant orders the transcripts needed for the appeal from the court reporter who recorded the Butte trial or hearing. Those transcripts become the only account of what happened in the courtroom.
- Briefing and decision. The parties file briefs, the court may hear argument, and the Supreme Court issues its opinion. If a new trial is ordered, the case returns to the Second Judicial District in Butte.
From federal court. Cases in the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse, 400 North Main Street (mtd.uscourts.gov), are appealed to the U.S. Court of Appeals for the Ninth Circuit. The notice of appeal is filed in the district court, and the Ninth Circuit’s own rules govern the record, briefs and argument.
Why are appeals won or lost at trial in Butte?
The Montana Supreme Court generally will not consider an issue raised for the first time on appeal (Unified Industries, Inc. v. Easley, 1998 MT 145, ¶ 15). That means the objections made, the offers of proof, the jury instructions proposed and the post-trial motions filed in the Butte courtroom decide what can be argued in Helena.
For that reason we try to be involved before the verdict when we can: helping trial counsel preserve issues, draft jury instructions and prepare post-trial motions. A timely post-trial motion, such as for a new trial or judgment as a matter of law, also restarts the Montana appeal clock (M. R. App. P. 4(5)(a)(v)).
What happens if you won in Butte and the other side appeals?
Winning a verdict in Butte is not the end if the defendant appeals, or if the trial court grants a new trial. Defending a verdict requires a different skill set from winning it: finding the record support for every ruling, answering the other side’s arguments point by point, and showing why any error did not matter.
We have done exactly that. When a trial judge threw out a Phillips County jury’s $168,500 verdict for our client after a brief remark in closing argument, we appealed, and the Montana Supreme Court reversed and reinstated the verdict (Voegel v. Salsbery, 2023 MT 137).
Montana law that applies
The key deadlines, in brief. Our Montana appeals lawyer page covers standards of review and strategy.
- Montana civil appeals: notice of appeal within 30 days of entry of judgment, or 60 days when the State, the United States or a local government, such as Butte-Silver Bow, is a party. Where notice of entry of judgment must be served, the clock starts on service (M. R. App. P. 4(5)(a)).
- Federal appeals to the Ninth Circuit: generally 30 days after entry of judgment, or 60 when the United States is a party (Fed. R. App. P. 4(a)(1)).
- Preservation: issues generally must be raised in the trial court to be considered on appeal.
Why hire a Great Falls firm for a Butte case?
An appeal is decided on the written record and the briefs, and the court that decides a Butte state case sits in Helena, not Butte. Location matters less on appeal than in any other kind of case. We are based in Great Falls and handle appeals statewide and in the Ninth Circuit. When we are brought in before or during trial, our attorneys travel to Butte for hearings and trial proceedings.
We keep no office in Butte and have not tried a Silver Bow County case; our trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- An appellate record that reaches back to 1977 (appellate results).
- Ninth Circuit arguments: Samir Aarab has argued twice before the Ninth Circuit.
- Trial lawyers who understand the record: more than 4,000 hours in the courtroom and more than a dozen jury trials.
- Federal experience: more than 40 District of Montana cases over nine years.
We also handle insurance bad faith cases in Butte and wrongful death cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Where does an appeal from the Butte district court go? Directly to the Montana Supreme Court in Helena. Montana has no intermediate appellate court for civil appeals from district court.
How long do I have to appeal a Butte judgment? Generally 30 days after entry of judgment, or 60 days when a government such as Butte-Silver Bow is a party. Post-trial motions can change the timing, so get advice immediately.
Who prepares the record for a Butte appeal? The Clerk of District Court in Silver Bow County transmits the district court record, and the appellant orders the needed transcripts from the court reporter.
Can you take over an appeal if another lawyer tried my case in Butte? Yes. We can review and take on a trial record we did not create. The earlier we are involved, the more options there are.
What if my Butte case was in federal court? Appeals from the U.S. District Court’s Butte Division go to the Ninth Circuit, generally within 30 days of judgment.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
