Mont. R. App. P. 9

(1) Time for transmission - duty of appellant - generally. The record on appeal,

including any transcript in the format required by rule 8(4)(b), shall be transmitted

to the supreme court within 40 days after the filing of the notice of appeal unless

the time is reduced or extended by an order entered under section (3) or (4) of this

rule, or a stipulation holding the time requirements of these rules in abeyance is

filed with the clerks of the supreme court and the district court pursuant to rule

7(3). In the event of a cross-appeal, a single record shall be transmitted within 40

days after the filing of the notice of cross-appeal.

(2) Duty of clerk to transmit the record. The clerk of the district court shall transmit

the record on appeal within the time provided in section (1) of this rule, or such

reduced or extended time as may be ordered by the district court or the supreme

court pursuant to section (3) or (4) of this rule. The clerk of the district court shall

number the documents comprising the record and transmit with the record a

numbered list of the documents, identifying each with reasonable definiteness. In

the event the cl erk of the district court determines that exhibits are too large or

weighty to be conveniently mailed, the clerk shall notify the parties in writing that

the item or items will not be transmitted and will so indicate as a numbered item in

the list of documents. If a party desires a large or weighty exhibit so identified to

be transmitted, the party shall notify the clerk in writing and make advance

arrangements with the clerks of the district court and the supreme court for the safe

transportation, chain of custody, and receipt of the item(s), at the party’s expense.

Transmission of the record is effected when the clerk of the district court mails or

otherwise forwards the record to the clerk of the supreme court. The clerk of the

district court shall indicate, by endorsement on the face of the record or otherwise,

the date on which the record is transmitted to the clerk of the supreme court.

(3) Reduction or extension of time for transmission of the record by the district

court - duties of court reporter and appellant - generally.

(a) A motion to reduce the time for transmission of the record shall be made only

in extraordinary circumstances, and only on a showing that the court reporter

can prepare any ordered transcripts within the reduced period. A motion to

reduce the time for transmission shall be filed and served on the opposing

party within 15 days after the filing of the notice of appeal and shall be

brought to the district court’s attention immediately.

(b) Except in involuntary mental commitments and proceedings regarding

abused or neglected children, a motion for extension of time for transmission

of the record may be filed with the district court by the appellant or the court

reporter based on the court reporter’s inability to timely prepare a transcript

or transcripts, but the motion must be filed within the 40-day time for

transmission of the record. The district court may grant the motion for a

period not to exceed 90 days from the filing of the first notice of appeal. The

clerk of the district court shall immediately transmit any such order to the

clerk of the supreme court, and the clerk of the supreme court shall file the

order and cause it to be docketed.

(4) Extension of time for transmission of the record by the supreme court - duties

of the appellant and the court reporter. A motion for extension of time to

transmit the record on appeal in an involuntary mental commitment or proceedings

regarding abused or neglected children, and any other motion for extension of time

for transmission of the record subsequent to one granted by the district court

pursuant to section (3) of this rule, shall be filed by the appellant with the clerk of

the supreme court as a motion for an extension of time to transmit the record and

shall be accompanied by an affidavit of the court reporter setting forth in detail

why the transcript(s) have not been timely prepared and why the additional time

sought is needed. In like manner as extensions of time to file briefs pursuant to

rule 26(2) of these rules, there shall be a presumption against granting motions for

extension of time to transmit the record under this section. A motion for extension

and supporting affidavit shall state the date on which the transcript will be filed if

the motion is granted. A motion for extension of time to transmit the record

captioned as a motion for extension of time to file a brief will not be considered by

the supreme court. The clerk of the supreme c ourt shall docket such a motion as

received and rejected, stamp the original and one copy of such a motion with a

“received” date stamp and a “rejected per rule 9(4)” stamp, return the copies at the

appellant’s counsel’s expense, and docket the rejection.

(5) Retention of the record in the district court by court order. If the record or a

part thereof is required in the district court pending the appeal, the district court

may enter an order to that effect, and the clerk of the district court shall retain the

record and shall transmit a copy of the order and of the docket entries, together

with such parts of the original record as the district court may allow, to the clerk of

the supreme court in lieu of the entire record on appeal.

(6) Filing of the record. Upon receipt of the record by the clerk of the supreme court

following its timely transmittal, the clerk of the supreme court shall file the record.

The clerk of the supreme court shall immediately give notice to all parties of the

date on which the record was filed.

(7) Return of the record. The clerk of the supreme court shall return the record to

the clerk of the district court upon issuance of the remittitur or on remand. In civil

cases, the clerk of the supreme court shall charge the appellant mailing costs for

the return of the record.