Helena, MontanaHelena Appeals
Helena Appeals Lawyers: Montana Supreme Court Appeals, Agency and Workers’ Comp Appeals, and Ninth Circuit Appeals
Boland Aarab PLLP.
Every civil appeal from a Montana district court ends up in Helena, where the Montana Supreme Court sits in the Joseph P. Mazurek Justice Building. In most civil cases, the notice of appeal is due within 30 days of entry of judgment. When the State is a party, as it often is in Helena cases, the deadline is 60 days.
Key Takeaways
Facing an appeal, or need to protect a verdict? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why is Helena the center of Montana appellate practice?
Montana has no intermediate court of appeals. An appeal from any of the state’s district courts, from the Workers’ Compensation Court and from the Water Court goes to one place: the Montana Supreme Court, in Helena.
- The Court. The Supreme Court meets in the Joseph P. Mazurek Justice Building, 215 North Sanders. The building also houses the Attorney General’s office and the State Law Library. The Clerk of the Supreme Court is in Room 323 of the Justice Building, and the mailing address is P.O. Box 203003, Helena, MT 59620-3003. The notice of appeal is filed with the Clerk, with the filing fee, and served on the district court clerk and every party (M. R. App. P. 4(2)).
- The First Judicial District’s agency docket. A petition for judicial review of a state agency decision may be filed in the district court where the petitioner lives or where “the agency maintains its principal office” (§ 2-4-702(2)(a), MCA). Most state agencies are headquartered in Helena, so the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway, hears a large share of Montana’s agency cases, and their appeals go on to the Supreme Court.
- The Workers’ Compensation Court. The Court sits at 1625 11th Avenue in Helena. Its final decisions are appealed straight to the Supreme Court.
- Federal appeals. Cases decided in the U.S. District Court’s Helena Division, at the Paul G. Hatfield Federal Courthouse, 901 Front Street, are appealed to the U.S. Court of Appeals for the Ninth Circuit. Ninth Circuit arguments are heard outside Montana, in cities such as Seattle and Portland.
What happens when you appeal from a Helena court?
1. The deadline. Thirty days from entry of judgment in most civil cases, 60 when the State, the United States, a political subdivision or one of their officers or agencies is a party. When notice of entry of judgment must be served, the clock runs from service (M. R. App. P. 4(5)(a)(i)). In Helena, where the State is so often a party, confirm which deadline applies on the day judgment is entered. Don’t assume.
2. Post-trial motions. Timely motions under M. R. Civ. P. 50(b), 52(b), 59 or 60(b) restart the clock, which then runs from the ruling or the deemed denial (Rule 4(5)(a)(v)).
3. Cross-appeals. Any other party may cross-appeal within 15 days of the first notice, or within the original time, whichever is later.
4. Appellate mediation. Appeals in cases seeking money damages go to mandatory appellate mediation (M. R. App. P. 7(2)(c)).
5. The record and briefs. The Court decides the case on the district court record: pleadings, exhibits and transcripts. The briefs frame the issues and the standard of review. Many appeals are decided without oral argument. When the Court does hear argument, it is usually in its Helena courtroom.
6. Federal appeals. From the Helena Division, the notice of appeal is filed with the district court clerk, generally within 30 days after entry of judgment, or 60 if the United States or a federal agency or officer is a party (Fed. R. App. P. 4(a)(1)).
Montana law that applies
Appeals are won or lost on preservation and the standard of review. Object on the record, and state the specific ground (M. R. Evid. 103). Make offers of proof when evidence is excluded. Propose and object to jury instructions on the record. Renew motions for judgment after the verdict. Legal questions are reviewed de novo. Evidence rulings and new-trial orders are reviewed for abuse of discretion, and jury verdicts for substantial evidence. Our Montana appellate lawyer page covers each step in depth.
Why hire a Great Falls firm for a Helena case?
Because appellate work is statewide by nature. Every Montana appellate lawyer, wherever their office, briefs and argues before the same Court in Helena. We are based in Great Falls, and we handle appeals from district courts across Montana, including the First Judicial District, and from the District of Montana to the Ninth Circuit. We come to Helena for arguments, and to work with trial counsel on post-trial motions and the record. We handle appeals in cases we tried and in cases other lawyers tried.
The Boland Aarab Way
- We protect verdicts. A Phillips County jury awarded our client $168,500 after a rear-end crash. The trial court granted a new trial. We appealed, and the Montana Supreme Court reversed and reinstated the verdict (Voegel v. Salsbery, 2023 MT 137).
- We have a long record. The Boland Aarab appellate record reaches back to 1977. See our appellate record.
- We argue in the Ninth Circuit. Samir Aarab has argued twice before the Ninth Circuit, and our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We try cases, so we know the record. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
We also handle insurance bad faith in Helena, workplace injuries in Helena and other Helena personal injury cases.
Frequently Asked Questions
Where is the Montana Supreme Court? In Helena, in the Joseph P. Mazurek Justice Building at 215 North Sanders. The Clerk of the Supreme Court is in Room 323; the mailing address is P.O. Box 203003, Helena, MT 59620-3003.
The State of Montana is a party to my case. How long do I have to appeal? Generally 60 days from entry of judgment, rather than the usual 30 (M. R. App. P. 4(5)(a)). Confirm the exact date as soon as judgment is entered.
How do I appeal a Workers’ Compensation Court decision? Directly to the Montana Supreme Court (§ 3-9-107, MCA). There is no intermediate step.
I lost a judicial review case against a state agency in Lewis and Clark County. Can I appeal? Yes. District court judgments on judicial review can be appealed to the Montana Supreme Court. The 60-day period generally applies when a state agency is a party.
Can I raise a new argument on appeal? Generally no. The Court will not address issues raised for the first time on appeal (Unified Industries v. Easley, 1998 MT 145). That is why appellate counsel should be involved before and during trial.
Talk to a Helena Appeals Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: M. R. App. P. 4 · M. R. App. P. 7 · M. R. Evid. 103 · Fed. R. App. P. 4 · § 3-9-107, MCA · § 2-4-702, MCA · Unified Industries, Inc. v. Easley, 1998 MT 145 · Voegel v. Salsbery, 2023 MT 137 · Clerk of the Montana Supreme Court · § 2-17-818, MCA (Mazurek building)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
