Mont. R. App. P. 30

(1) Scope. This rule applies to an appeal from an order denying or dismissing a petition

filed by a minor under age 16 to waive parental consent to an abortion, pursuant to

Title 50, Chapter 20. In such appeals, this rule supersedes the other appellate rules

to the extent they may be inconsistent with this rule.

(2) Notice of appeal.

(a) A minor may appeal an order denying or dismissing a petition to waive parental

consent by filing a notice of appeal with the clerk of the supreme court. The notice

of appeal may be filed in person, by mail, or by fax. If a transcript or written order

is available, it should be attached to the notice of appeal, but such notice shall not

be defective if it does not include such transcript or order.

(b) If a notice of appeal is incorrectly filed in a youth or district court, the clerk

thereof shall immediately notify the clerk of the supreme court of such filing, and

shall transmit a copy of the notice of appeal by fax or e-mail for filing with the

supreme court.

(c) The notice of appeal must indicate that the appeal is being filed pursuant to this

rule, but the court will apply this rule to cases within its scope whether they are so

identified or not.

(d) Blank notice of appeal forms and copies of these rules will be available at all

court locations and will be mailed, emailed, or faxed to a minor upon request.

(e) No filing fees or fee for any service may be required of a minor who files an

appeal under this provision.

(3) Record on appeal; standard of review. A youth court that conducts proceedings

for judicial waiver of consent shall issue written and specific findings of fact and

conclusions of law supporting its decision and shall order that a confidential record

of the evidence, findings, and conclusions be maintained. The record on appeal

consists of the confidential record of the youth court, including all papers and

exhibits filed in the youth court, the written findings and conclusions of the youth

court, and, if available, a recording or transcript of the proceedings before the youth

court. If the appellant has counsel, counsel shall serve the clerk of the youth court

with a copy of the notice of appeal, request the record from the clerk of the youth

court, and arrange for expedited preparation of the transcript immediately upon

filing the notice of appeal. If the appellant does not have counsel, the clerk of the

supreme court shall request the record immediately upon receiving notice that a self-represented minor has filed a notice of appeal, and the clerk of the youth court shall

arrange for expedited preparation of any transcript directly with the court reporter.

Upon receiving a request for the record from counsel for the appellant or from the

clerk of the supreme court, the clerk of the youth court shall forthwith transmit the

record to the supreme court by fax, e-mail, overnight mail or in another manner that

will cause it to arrive within 48 hours, including weekends and holidays, after the

youth court’s receipt of the request for the record.

(4) Brief. A brief is not required. However, the minor may file a memorandum in

support of the appeal within 48 hours, including weekends and holidays, after filing

the notice of appeal.

(5) Disposition. The supreme court may designate a panel of five or more of its

members to consider the appeal. The supreme court shall review the decision of the

youth court de novo. The supreme court shall enter an order stating its decision

within 72 hours, not including weekends and holidays, after the record referred to

in (3) is filed. The supreme court shall issue an opinion explaining the decision as

soon as practicable following entry of the order.

(6) Confidentiality.

(a) Documents, proceedings, and audio or video recordings in an appeal under this

rule are sealed. All persons are strictly prohibited from notifying the minor’s

parents, guardian, or custodian that the minor is pregnant or wants to have an

abortion, and from disclosing this information to any person. The court shall not

release the name of, or any other identifying information concerning, a minor who

files a judicial waiver appeal.

(b) All statistical and general information that the court system may have

concerning judicial waiver appeals is confidential, except the number of appeals

filed, granted, and denied statewide each year is public information.

(7) Attorney. If the minor is not represented by an attorney, the clerk of the supreme

court shall appoint the office of the state public defender to represent the minor in

the appeal. If counsel was assigned to represent the minor in the youth court, the

appointment continues through the appeal. All counsel shall immediately be served

with copies of the Court’s order by fax or e- mail. In the event a minor waives the

right to have counsel appointed on appeal, then notice of the court’s order will be

served upon her at the address or location she has provided to the clerk of the

supreme court. The minor or her counsel shall be provided a certified copy of the

order upon request.

(8) Filing defined. For purposes of this rule only, an appeal is deemed filed at the time

and on the date it is received by the clerk of the supreme court.

(9) Special rule for interpreting time requirements. If the end of a time limit set out

in this rule falls upon a weekend or holiday, then the time limit is extended to noon

on the next business day.