Response or Comment
This document and the three additional files set out the standards of review applicable to various cases and issues before the Montana Supreme Court. These documents explain what the various standards mean and how the appellate attorney should consider them. They also point out those few occasions when the Court has been imprecise or inconsistent in articulating the standards so that both lawyers and judges may avoid those statements. Three additional files are attached to this document. The first addresses the standards applicable to issues on appeal in civil cases. The second sets out the standards that apply to issues that arise in criminal appeals. The third addresses the definitions of the standards.
Jeffrey T. Renz,
Standards of Review in Montana Appellate Courts - Documents
Available at: http://scholarship.law.umt.edu/faculty_barjournals/111