Opinion
DA 23-0124
05-01-2023
CRAIG BAUGH, Plaintiff and Appellee, v. H2S2, LLC, a Montana Limited Liability Company, Defendant and Appellant.
ORDER
This Court reviews briefs to ensure compliance with the Montana Rules of Appellate Procedure. After reviewing the Appellant's opening brief filed electronically on April 28, 2023, this Court has determined that the brief does not comply with the below-referenced Rule and must be resubmitted.
M. R. App. P. 13(2) requires that a signed original brief be filed with the Clerk of the Supreme Court. Temporary Electronic Filing Rule 10(a)(2) provides that where a hand signature would otherwise appear, each document filed electronically by a registered user may be signed in the format "/s/ Chris E. Attorney." While Appellant's Certificate of Compliance and Certificate of Service contain typed signatures in compliance with Rule 10(a)(2), Appellant's electronically filed brief does not contain such signature on the brief itself.
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 Appellant 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 Appellant 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 Appellant and to all parties of record.