(a) Appeals to District Courts. These rules do not supersede the provisions of statutes relating to appeals to or review by the district courts, but shall govern procedure and practice relating thereto insofar as these rules are not inconsistent with such statutes.
Rule 81.Applicability in General
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 81 explains how these rules interact with statutes — they do not supersede statutory appeal-and-review procedures but govern practice where consistent, and where a statute calls for acting 'as in a civil action,' these rules supply the procedure.
Full Text of Rule 81
(b) Rules Incorporated into Statutes. Where any statute heretofore or hereafter enacted, whether or not applicable to a special statutory proceeding, provides that any act in a civil proceeding in a district court shall be done in the manner provided by law or as in a civil action or as provided by any statute superseded by these rules, such act shall be done in accordance with these rules and the procedure thereon shall conform to these rules, insofar as practicable.
Plain-English Summary
Rule 81 sorts out the boundary between the rules and Montana's many procedural statutes. The rules do not supersede statutes governing appeals to or review by the district courts, but they govern the practice relating to those matters insofar as they are not inconsistent. And where any statute — including one for a special statutory proceeding — says an act is to be done “as in a civil action” or as provided by a statute these rules replaced, that act is done in accordance with these rules, so far as practicable.
Frequently Asked Questions
Do these rules override Montana statutes?
Not for statutory appeal-and-review procedures, which they do not supersede — but the rules govern practice where not inconsistent, and they supply the procedure when a statute calls for acting “as in a civil action.”
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: applicabilityscope of rules