Opinion
DA 22-0627
08-08-2023
IN RE THE MARRIAGE OF DAWN TAYLOR, Petitioner and Appellant, v. JOHN TAYLOR, Respondent and Appellee.
ORDER
Appellee John Taylor has moved to strike the reply brief filed by Appellant Dawn Taylor in this appeal on grounds that the brief fails to comply with Montana Rule of Appellant Procedure 11(4)(a).
M. R. App. P. 11(4)(a) requires that a reply brief shall not exceed 5.000 words including footnotes. The word count does not include the table of contents, table of citations, certificate of service, certificate of compliance, or any appendix containing statutes, rules, regulations, and other pertinent matters.
Appellant's reply brief was 5.285 words including footnotes. Responding to the motion to strike, Appellant states that the reply brief would comply with Rule 11 (4)(a) if she removed the footnotes. Appellant attached an Amended Rely Brief, without footnotes, to her response to Appellee's Motion to Strike.
IT IS ORDERED that the motion to strike Appellant's reply brief is DENIED.
IT IS ORDERED that the Clerk of Court file the Amended Reply Brief attached to Appellant's response to the motion to strike.
The Clerk is directed to provide copies of this Order to all counsel of record.