Rule 5. Time for filing notice of appeal.
     (a) Appeals in civil cases.
     (1) In civil cases the notice of appeal required by Rule 4 shall be filed with the clerk of the district court within 30 days from the date of the entry of the judgment or order appealed from; but if the State of Montana, or any political subdivision thereof, or an officer or agency thereof is a party, the notice of appeal shall be filed within 60 days from the entry of the judgment or order; provided, however, that in cases where service of notice of entry of judgment is required by Rule 77(d) of the Montana Rules of Civil Procedure, said 30 days or 60 days, as the case may be, shall not begin to run until service of notice of entry of judgment. If a notice of appeal is mistakenly filed in the supreme court, the clerk of the supreme court shall note thereon the date on which it was received and transmit it to the clerk of the district court and it shall be deemed filed in the district court on the date so noted.
     (2) A notice of appeal filed after the announcement of a decision or order but before the entry of the order or judgment appealed from, shall be treated as filed after such entry and on the day thereof. A notice of appeal filed after the entry of the order or judgment appealed from but before service of the notice of entry of judgment shall be treated as filed on the date the notice of appeal is filed.
     (3) If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this Rule 5(a), whichever period last expires.
     (4) If a timely motion under the Montana Rules of Civil Procedure is filed in the district court by any party: (i) for judgment under Rule 50(b); (ii) under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (iii) under Rule 59 to alter or amend the judgment; or (iv) under Rule 59 for a new trial , the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion, or if applicable, from the time such motion is deemed denied at the expiration of the 60-day period established by Rule 59(d), Montana Rules of Civil Procedure. No notice of entry of judgment is required to be filed when any of the foregoing motions referred to herein is deemed denied. A notice of appeal filed before the disposition of any of the above motions, whether by entry of an order or deemed denial, shall be treated as filed after such order or denial and on the day thereof.
     (b) Appeals in criminal cases.
     In criminal cases an appeal from a judgment entered pursuant to section 46-18-116, Montana Code Annotated must be taken within 60 days after entry of judgment appealed from. A notice of appeal filed after the oral pronouncement of a decision or sentence but before the entry of the judgment is treated as filed on the day of and after the entry. An appeal from an order or judgment made appealable by section 46-20-103, Montana Code Annotated must be taken within 14 days.
     (c) The district court, upon a showing of excusable neglect or good cause, may extend the time for filing a notice of appeal upon motion filed not later than 30 days after the expiration of the time prescribed by Rule 5(a) for civil cases and Rule 5(b) for criminal cases. Any such motion which is filed before expiration of the prescribed time may be ex parte unless the court otherwise requires. Notice of any such motion which is filed after expiration of the prescribed time shall be given to the other parties in accordance with local rules. No such extension shall exceed 30 days past such prescribed time or 10 days from the date of entry of the order granting the motion, whichever occurs later.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. 10750-7, Sept. 29, 1967, eff. Jan. 1, 1968; amd. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987; amd. Sup. Ct. Ord. Mar. 26, 1993; amd. Sup. Ct. Ord. Dec. 19, 1995, eff. Dec. 19, 1995; amd. Sup. Ct. Ord. June 26, 1997, eff. Oct. 1, 1997; amd. Sup. Ct. Ord. Sept. 10, 1998, eff. Dec. 1, 1998.