Opinion
DA 21-0368
11-17-2021
PETER GRIGG, Plaintiff and Appellant, v. JUDGE MATT CUFFE, Defendant and Appellee.
ORDER
Appellant Peter Grigg, pro se, filed the opening brief on appeal on November 17, 2021. Rules 11 through 13 of the Montana Rules of Appellate Procedure set forth the requirements for filing appellate briefs. The Court has determined that the brief does not comply with the Rules in several respects. Although some of those violations are minor, we have determined that the Appellant must resubmit the brief to correct two violations of Rule 12(1).
Rule l2(1)(b) requires that a brief contain a succinctly identified statement of the issues. Appellant's opening brief does not identify in succinct form the question or questions that tell the Court what mistake(s) the district court made. Further, Rule l2(1)(i) requires that the Appellant include the judgment, order, findings of fact, rulings, and decisions being appealed, along with any written memorandum or rationale of the court, and the pages of the court transcript containing any oral ruling made by the court in support. Appellant did not include either the final judgment or the summary judgment order from which he appeals. There is no need to include the full district court record. Accordingly, IT IS HEREBY ORDERED that Appellant's opening brief be returned for revisions necessary to comply with Rule 12. The Appellant's brief must:
1. Contain a short statement of the issues presented for review.
2. Attach a copy of the district court's final judgment and summary judgment order from which appeal is taken, pursuant to Rule l2(1)(i).1
IT IS FURTHER ORDERED that the signed original and the copies of the referenced brief be returned for revisions necessary to comply with the specified Rules;
IT IS FURTHER ORDERED that a signed original and seven copies of the revised brief and attached appendix ordered herein be filed within ten (10) days of the date of this Order with the Clerk of this Court and that one copy of the revised brief be served on 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;
IT IS FURTHER ORDERED that the postage costs for returning the referenced copies of Appellant's brief will be billed to Appellant by the Clerk of this Court and shall be due and payable upon receipt; 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 and appendix.
The Clerk of this Court is directed to mail a true copy of this Order to Appellant and to mail a true copy of this Order to all counsel upon whom the brief was served. 2