Opinion
DA 21-0228
06-21-2021
PETER GRIGG, Plaintiff and Appellant, v. CABINET PEAKS MEDICAL CENTER, Respondent and Appellee.
ORDER
Appearing on his own behalf, Appellant Peter Grigg filed the opening brief on appeal on June 21, 2021. Rules 11 through 13 of the Montana Rules of Appellate Procedure set forth the requirements for filing appellate briefs. The document that Appellant Peter Grigg submitted as his Appellant's brief does not comply with these rules. It is simply a two-page letter identifying "Discrimination," "Retaliation," and "Threats in the workplace, workplace hostility" as his claims and containing a few sentences of explanation for each.
In order for this Court to review an appeal, the appellate rules require a party appealing the order of a district court to present the Court with certain information from the district court case and legal authority supporting the party's position that the district court made a mistake that requires reversing its decision. This Court has created a Civil Appellate Handbook explaining these rules in detail and will have the Clerk supply Mr. Grigg with a copy. Mr. Grigg should review the Handbook carefully and prepare a brief that meets the requirements of the Rules. In the meantime, his opening brief is rejected and the Court will allow an additional thirty days for him to prepare an Appellant's Brief.
Accordingly, IT IS HEREBY ORDERED that Appellant's opening brief be returned for revisions necessary to comply with the Montana Rules of Appellate Procedure. The following is a non-exhaustive list of contents that Appellant's brief must contain:
1. Include in the cover page, pursuant to Rule 1 l(6)(b), (iii) and (v):
a. The title of this Court;
b. The title of the case in the court from which you are appealing;
c. The court and name of the judge in the case from which you are appealing;
d. The names, mailing addresses, telephone, fax numbers, and email addresses (if any) of the respective counsel for the parties or for the parties if they are proceeding without counsel;
2. Contain a table of contents with page references, and table of authorities indicating on what page cited statutes or cases appear;
3. Contain a statement of issues presented for review. The statement of the issues are questions that tell the Court what mistake(s) the district court made;
4. Contain a statement of the facts. You may not rely on any facts that the district court did not have before it. Therefore, the brief must include references to the record on appeal-for example, Transcript, p. 231; Judgment, p. 3; or Motion for Summary Judgment, p. 2-pursuant to Rule 12(9);
5. Contain a summary of the argument you will make to the Court;
6. Contain an argument with citations to authorities, statues, and pages of the record relied on;
7. Include a signed certificate of compliance, pursuant to Rule 11 (4)(e), that states that the document's line spacing is proportionately spaced; the text is double spaced; and the calculated word count. Appellant may rely on the word count of the word processing system used to prepare the brief, but needs only to include the actual brief content itself; and
8. Attach a copy of the district court's judgment or order from which you are appealing, pursuant to Rule 12(1)(a) through (h). There is no need to include the full district court record.
9. Include with the original nine additional copies of the brief.
IT IS FURTHER ORDERED that the postage costs for returning the Appellant's brief will be billed to Appellant by the Clerk of the Supreme Court and shall be due and payable upon receipt;
IT IS FURTHER ORDERED that the signed original and nine copies of the revised brief ordered herein be filed within thirty (30) days of the date of this Order with the Clerk of the Supreme Court and one copy of each revised brief be served on counsel of record;
IT IS FURTHER ORDERED that the Clerk of Court is directed to provide Appellant with a copy of the Civil Handbook for litigants proceeding before this Court without an attorney.
IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of refilling of the brief being returned this date.
The Clerk is directed to mail a true copy of this Order, together with all copies of Appellant's brief referenced herein, to Appellant and to mail a true copy of this Order to all counsel and/or parties upon whom the brief was served, and to provide a copy of the Civil Handbook to Appellant.