Opinion
DA 23-0154
06-13-2023
AGNES ADVENTURES, LLC, Plaintiff and Appellee, v. JORDI ANZIK, Defendant and Appellant.
ORDER
This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellee's response brief filed electronically on June 13, 2023, this Court has determined that the brief does not comply with the below-referenced Rule and must be resubmitted.
M. R. App. P. 12(2) requires the answer brief of the appellee to conform to Rule 12(1)(a)-(h), with the exception that "a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant." M. R. App. P. 12(1)(d) requires a "statement of the facts relevant to the issues presented for review, with references to the pages or the parts of the record at which material facts appear[.]" The statement of facts section in the Appellee's brief contains no citations to the record. Therefore, IT IS ORDERED that the referenced brief is rejected.
IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellee shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule and that the Appellee shall serve copies of the revised brief on all parties of record;
IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and
IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised brief.
The Clerk is directed to provide a true copy of this Order to the Appellee and to all parties of record.