The Importance of Timing When Filing an Appeal

• If you are unsatisfied with a result in your case and you felt that the process was unfair, you have the legal right to seek an appeal in a higher court. In Montana, this is typically the Montana Supreme Court for state cases and the 9th Circuit Court of Appeals for federal cases.
• In Montana and most jurisdictions, the clock starts ticking once you receive the written judgment or order resolving your case. Typically, you have 30 days in civil cases and 60 days in criminal cases from the date to initiate the appeals process.
• This timeline is critical. Missing the deadline could result in forfeiting your right to appeal.



• While the 30-day window is standard, there are situations where court orders need to be appealed sooner than the final judgment. Let’s explore some

examples:

• Emergency Orders:
• Certain court orders address urgent matters, such as protective orders, restraining orders, or temporary injunctions.
• If you believe an emergency order is unjust or adversely affects your rights, consult an attorney promptly. Waiting until the final judgment may be too late.

• Preliminary Injunctions:
• A preliminary injunction is issued early in a case to maintain the status quo until the court reaches a final decision.
• If you disagree with the preliminary injunction, act swiftly. Waiting until the end of the case could have irreversible consequences.

• Interlocutory Orders:
• These are orders issued during ongoing litigation, addressing specific issues without concluding the entire case.
• Examples include discovery disputes, evidentiary rulings, or motions for summary judgment.
• If an interlocutory order harms your position, consult an appellate attorney promptly.

• An experienced appellate attorney understands the intricacies of the appeals process.
• They can:
• Evaluate Your Case: Assess the merits of your appeal and identify potential grounds for reversal.
• Preserve Your Rights: Work alongside your trial attorney to ensure timely filings and compliance with procedural rules.
• Strategize: Develop a strong appellate strategy, including crafting persuasive arguments and briefs.
• Navigate Complex Rules: Appellate procedures vary, and missing a step can be detrimental.
• Advocate for You: Represent your interests before the appellate court.

• Timing matters. Whether it’s the 30-day deadline or an urgent order, consult an appellate attorney promptly.
• Protect your rights, preserve your chances of success, and navigate the appeals process effectively.