Opinion
DA 24-0034
05-15-2024
ORDER
James Jeremiah Shea, Justice, Montana Supreme Court
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 May 14, 2024, this Court has determined that the brief does not comply with the following Rule and must be resubmitted.
M. R. App. P. 12(1)(d) requires that the statement of facts portion of a brief contain references to the pages or the parts of the record at which material facts appear. Although Appellee's brief contains general references to the record, the facts set forth are not accompanied by specific citations to the pages or parts of the record where those facts are located.
Therefore, IT IS 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 to each counsel 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.