Judicial waiver appeals

(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. Form 1 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ (To be assigned by the Clerk of the Supreme Court) __________________________________ Attorney for________________________ Address___________________________ Phone ____________________________ Fax_______________________________ E-mail____________________________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. NOTICE OF APPEAL ________________________________, Defendant/Respondent and Appellant or Appellee. NOTICE is given that _____________, the Appellant above-named and who is the ______________(plaintiff/petitioner/or other designation) in that cause of action filed in the ____________ Judicial District, in and for the County of _____________ as Cause No.______, hereby appeals to the Supreme Court of the State of Montana from the final judgment or order entered in such action on the ____ day of _____________, 20____. THE APPELLANT FURTHER CERTIFIES: 1. That this appeal ____is/is not___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ____is/is not____ less than $5,000. 2. That this appeal _____is/is not____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court’s certification order is attached hereto as Exhibit “A.” 3. That all available transcripts of the proceedings in this cause _____have been/have not been ____ ordered from the court reporter contemporaneously with the filing of this notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal. 4. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3. Form 1, page 1 of 2 updated February 2015 Dated this ______day of ______________, 20___. ____________________________________ Attorney for__________________________ CERTIFICATE OF SERVICE I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows: (list name and address of the Clerk of the District Court, each court reporter, and each attorney or party served) Dated this ___ day of __________, 20___. __________________________________ Name __________________________________ Address __________________________________ Title Form 1, page 2 of 2 updated February 2015 Form 1A IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ __________________________________ Attorney for________________________ Address___________________________ Phone ____________________________ Fax_______________________________ E-mail____________________________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. ________________________________, Defendant/Respondent and Appellant or Appellee. NOTICE OF A CHALLENGE TO THE CONSTITUTIONALITY OF AN ACT OF THE MONTANA LEGISLATURE Notice is hereby given to the Supreme Court and to the Montana Attorney General that, in this action, the undersigned challenges the constitutionality of an act of the Montana legislature, namely: ____________________________________________________________ _____________________________________________________________________________. Neither the state nor any agency or any officer or employee thereof is a party to this action in the officer’s or employee’s official capacity. This notice is given within 11 days of the filing of the notice of appeal, as required by M. R. App. P. 27. Dated this ______day of ______________, 20___. __________________________________ Attorney for________________________ CERTIFICATE OF SERVICE I hereby certify that I have filed a true and accurate copy of the foregoing with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing Form 1A, page 1 of 2 updated February 2015 upon the Attorney General for the State of Montana, each attorney of record, and each party not represented by an attorney in the above-referenced action, as follows: (list name and address of the Attorney General and each attorney or party served) Dated this ___ day of __________, 20___. ___________________________________ Name ___________________________________ Address ___________________________________ Title Form 1A, page 2 of 2 updated February 2015 Form 2 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _______________________________ Attorney for_____________________ Address_________________________ Phone __________________________ Fax____________________________ E-mail__________________________ _________________________________, Plaintiff/Petitioner, Appellant or Appellee, and Cross-Appellant or Cross-Appellee, v. NOTICE OF CROSS-APPEAL ________________________________, Defendant/Respondent, Appellant or Appellee, and Cross-Appellant or Cross-Appellee. NOTICE is given that _________________ cross-appeals to the Supreme Court of the State of Montana from the final judgment or order entered in Cause No. _______ in the ____________Judicial District, in and for the County of _____________, on the _____day of _____________, 20___. THE CROSS-APPELLANT FURTHER CERTIFIES: 1. That this cross-appeal ____is/is not___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ____is/is not____ less than $5,000. 2. That this cross-appeal _____is/is not____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court’s certification order is attached hereto as Exhibit “A.” 3. That all available transcripts of the proceedings in this cause involving the issue(s) reporter cross-appealed ____have been/have not been____ ordered contemporaneously with the filing of this notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal. the court from 4. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3. Form 2, page 1 of 2 updated February 2015 Dated this ______day of ______________, 20___. __________________________________ Attorney for________________________ CERTIFICATE OF SERVICE I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF CROSS-APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF CROSS-APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows: (list name and address of Clerk of the District Court, each court reporter, and each attorney or party served) Dated this ___ day of __________, 20___. ___________________________________ Name ___________________________________ Address ___________________________________ Title Form 2, page 2 of 2 updated February 2015 Form 3 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No. ______ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. ________________________________, Defendant/Respondent and Appellant or Appellee. MOTION AND AFFIDAVIT TO PROCEED ON APPEAL WITHOUT PAYMENT OF FILING FEE I move this Court to proceed without payment of the filing fee in this cause, and I submit this Affidavit in support of my motion. I, ________________________________, being first duly sworn, depose and say that I am the _____________ (designation of party) in the above-entitled cause; that in support of my application to proceed on appeal without being required to pay the filing fee, I state that because of my financial condition I am unable to pay the filing fee; that I believe I am entitled to redress; and that the issues which I desire to present on appeal are the following: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the cost of prosecuting the appeal are true. 1. Are you presently employed? _______ a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer. _____________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ b. If the answer is no, state the date of your last employment and the amount of the salary _________________________________ and wages per month which you received. ______________________________________________________________________________ ______________________________________________________________________________ 2. Have you received within the past 12 months any income from a business, profession, or other form of self-employment, or in the form of rent payments, interest, dividends, or other source? If the answer is yes, describe each source of income and state the amount received from each during the past 12 months. ___________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Form 3, page 1 of 2 updated February 2015 3. Do you own any cash or checking or savings account? If the answer is yes, state the total value of the items owned. ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If the answer is yes, describe the property and state its approximate value. _________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. List the persons who are dependent upon you for support and state your relationship to those persons. _________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I understand that a false statement or answer to any question in this affidavit will subject me to penalties for perjury. ____________________________________ Subscribed and sworn to before me this _____day of _____________, 20___. SEAL ___________________________________ Notary Public for the State of Montana Residing at _________________________ My Commission expires _______________ Form 3, page 2 of 2 updated February 2015 Form 4 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. ________________________________, Defendant/Respondent and Appellant or Appellee. NOTICE REQUIRING FILING OF AMENDED NOTICE OF APPEAL OR CROSS-APPEAL NOTICE of ____Appeal/Cross-Appeal____ was filed on__________________, 20___, in that cause of action filed in the ____________ Judicial District, in and for the County of ________________, as Cause No. ______. The notice does not contain the following required certification(s): 1. ___ That this matter ____is/is not____ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ___is/is not____ less than $5,000. 2. ____ That this matter _____is/is not_____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court’s certification order is attached to the notice of appeal/cross-appeal as Exhibit “A.” 3. ____ That all available transcripts of the proceedings in this cause involving the issue(s) appealed _____have been/have not been_____ ordered from the court reporter contem- poraneously with the filing of the notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal. 4. ____ That all available transcripts of the proceedings in this cause involving the issue(s) cross-appealed _____have been/have not been_____ ordered from the court reporter contemporaneously with the filing of the notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of cross-appeal. 5. ____ That a copy of the notice of ____appeal/cross-appeal____ has been contemporaneously filed in the office of the Clerk of the District Court and served by mail on all attorneys of record and on all parties not represented by an attorney. ____ The notice of appeal/cross-appeal was not accompanied by the filing fee prescribed by statute or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3. PLEASE NOTE THAT THE NOTICE OF APPEAL/CROSS- APPEAL WILL NOT BE FILED UNTIL THE FILING FEE IS PAID OR THE AFFIDAVIT FILED. Form 4, page 1 of 2 updated February 2015 You are hereby directed to correct the above-checked deficiencies within 11 days of the date of this notice and to bring the notice into compliance with M. R. App. P. 4. True copies of this notice have been provided to all attorneys of record and to all parties not represented by an attorney. Dated this ____ day of ___________, 20___. _______________________________ Clerk of the Supreme Court Form 4, page 2 of 2 updated February 2015 Form 5 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. SELECTION OF MEDIATOR ________________________________, Defendant/Respondent and Appellant or Appellee. COME NOW the parties and advise that they have stipulated to and selected __________________________ as mediator for purposes of complying with the requirements of M. R. App. P. 7(4)(c). Dated this ____ day of ______________, 20___. __________________________________ Attorney for Appellant __________________________________ Attorney for Appellee Form 5, page 1 of 1 updated February 2015 Form 6 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. ORDER OF MEDIATOR APPOINTMENT ________________________________, Defendant/Respondent and Appellant or Appellee. This appeal being subject to M. R. App. P. 7, and the parties having failed to jointly and timely select a mediator under M. R. App. P. 7(4)(c), IT IS ORDERED that __________________________, whose name appears next on the list of attorneys desiring appointment as mediators for workers’ compensation domestic relations money damages appeals which is maintained pursuant to M. R. App. P. 7(4)(e), is hereby appointed to conduct the mediation process required by M. R. App. P. 7(5); and IT IS FURTHER ORDERED that the time periods set forth in M. R. App. P. 7(5)(d) shall run from the date of this order of appointment. True copies of this order are being provided to counsel of record for the parties, or to the parties individually if not represented by counsel. Dated this ____ day of ___________, 20___. _______________________________ Clerk of the Supreme Court Form 6, page 1 of 1 updated February 2015 Form 7 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. STATEMENT OF POSITION ________________________________, Defendant/Respondent and Appellant or Appellee. A statement of position shall be 10 pages or less, double spaced. Transcript excerpts, items related to admissibility, and exhibits of record may be attached. The Judgment/Order from which appeal is taken must be attached. The statement of position must be submitted to the mediator and opposing counsel/parties in accordance with M. R. App. P. 7(5)(f). A statement of position shall include: (1) (2) (3) (4) *(5) Issues on appeal and the manner in which each issue was preserved; Applicable standard of review for each issue; Analysis of each issue, statement of position, and citations of legal authority; Judgment/order appealed; and Factors impacting settlement. *A confidential submission may be filed separately with the mediator indicating factors impacting settlement as provided in M. R. App. P. 7(6). Form 7, page 1 of 1 updated February 2015 Form 8 IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and Appellant or Appellee, v. MEDIATOR’S REPORT ________________________________, Defendant/Respondent and Appellant or Appellee. As a result of the settlement conference, this case is  SETTLED  Settlement agreement to be prepared by ____________________ no later than ______________, 20__.  Stipulation for dismissal to be filed within 15 days of the date of this order.  NOT SETTLED DATED this ____ day of _______________, 20___. __________________________________ Mediator (File with the clerk of the supreme court and provide copies to the clerk of the district court and to the parties.) Form 8, page 1 of 1 updated February 2015 Form 9 IN THE DISTRICT COURT OF THE _____ JUDICIAL DISTRICT IN AND FOR THE COUNTY OF ____________________ STATE OF MONTANA _________________________________, Plaintiff/Petitioner, Cause Number _______________ v. ________________________________, Defendant/Respondent. NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL NOTICE is given that _____________________________, the Appellant in the above- named case, hereby determines the following transcripts are necessary for appeal. Please check only those transcripts required: ( ) No transcripts are necessary ( ) Jury Voir Dire ( ) Opening Statements ( ) Closing Arguments ( ) Trial Proceedings (all testimony, in-chambers discussions, and jury verdict) ( ) Pre-Trial Proceedings (specify by description and date of proceeding) _____________________________________________________________________ _____________________________________________________________________ ( ) Post-Trial Proceedings _____________________________________________________________________ _____________________________________________________________________ ( ) Other (specify by description and date of proceeding) _____________________________________________________________________ _____________________________________________________________________ ( ) The following transcripts have been prepared previously and are deemed necessary on appeal, and appellant requests the court reporter(s) prepare such transcripts in the proper format for filing with the supreme court and service on Appellee(s) (specify by description and date of proceeding) ____________________________________________________________________ ____________________________________________________________________ Form 9, page 1 of 2 updated February 2015 The court reporter(s) responsible for the preparation of these transcripts is/are ______________________________________________________________________ It is further certified that financial arrangements were made with the court reporter(s) before filing this Notice. Dated this ____ day of ______________, 20___. ___________________________________ Attorney for ________________________ CERTIFICATE OF SERVICE I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL with the Clerk of the District Court and that I have served true and accurate copies of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL upon each attorney of record, each court reporter from whom a transcript has been ordered, and each party not represented by an attorney in the above- referenced District Court action, as follows: (list name and address of Clerk of the District Court, each court reporter, and each attorney or party served). Dated this ___ day of __________, 20___. ________________________________ Name ________________________________ Address ________________________________ Title Form 9, page 2 of 2 updated February 2015