How are cases selected for review by an appellate court?

In Montana, cases selected for review by an appellate court are chosen through a process called "discretionary review." This involves the court determining whether a case has potential to make a contribution to the development of the law. The court considers factors like whether the case involves a legal issue of importance, a recent change in the law, or a recurring legal issue. The court may also decide to grant review if the lower court’s decision is in conflict with a decision by another court or if the lower court’s decision is inconsistent with a prior decision by the same court. Lastly, the court may review a decision if there is a need for clarification of the applicable law or if the issue involves public importance. When a court grants discretionary review, the parties are asked to provide written arguments, called “briefs”, to the court outlining why the court should uphold or reject the lower court’s decision. The court then reviews the briefs and considers oral arguments from the parties before making a decision. The appellate court’s decision is final and cannot be further reviewed or appealed. Therefore, it is important to remember that cases chosen for review are very select and the court may not grant review even when the facts of the case and applicable law appear to be clear.

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How are cases selected for review by an appellate court?

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