Rule 21. Remittitur.
(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision.
(2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs that it shall issue immediately upon its decision, and must be certified by the clerk of the supreme court to the clerk of the district court.
(3) In the event that the supreme court modifies its decision in response to a petition for rehearing, remittitur shall issue immediately upon the expiration of time for filing a petition for rehearing in response to the modified decision.
(4) In the event the supreme court denies a petition for rehearing, remittitur shall issue upon denial of the petition for rehearing.
History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
Structure Montana Code Annotated
Chapter 21. Rules of Appellate Procedure
Rule 2. Parties - amicus curiae - captions
Rule 3. Interpretation of time requirements
Rule 4. How and when to take an appeal or cross-appeal
Rule 5. Proceeding without the required filing fee
Rule 6. Application of these rules
Rule 7. Mandatory appellate alternative dispute resolution
Rule 9. Transmission of the record and other matters relating to the record on appeal
Rule 10. Filing and service of papers - generally
Rule 11. Form of briefs and other papers - duplication
Rule 13. Filing and service of briefs
Rule 14. Jurisdiction - extraordinary writs - supervisory control - original proceedings
Rule 15. Certification of questions of law
Rule 18. Media access to court proceedings
Rule 20. Petitions for rehearing
Rule 22. Stay of judgment or order pending appeal
Rule 23. Undertaking for costs on appeal
Rule 27. Notice involving constitutional questions where the state is not a party
Rule 28. Minutes of supreme court