Opinion
Decided: November 1, 2005
ORDER
The Court is facing an avalanche of filings which do not comply with the straightforward and relatively simple requirements of the Montana Rules of Appellate Procedure and applicable statutes. Given the Court's workload and other obligations, neither the Court nor its staff can or should need to spend valuable time attempting to "educate" individual Montana lawyers to read and follow the M.R.App.P.
THEREFORE, effective November 21, 2005,
IT IS ORDERED that "Notices" regarding withdrawal of counsel and such notices which do not comply with the plain requirements of § 37-61-403, MCA, will be docketed by the Clerk's office as deficient and returned to counsel, at counsel's expense.
IT IS FURTHER ORDERED that motions which do not meet the requirements of Rule 22, M.R.App.P., with regard to contacting opposing counsel and stating opposing counsel's position, will be docketed by the Clerk's office as deficient and returned to counsel, at counsel's expense.
IT IS FURTHER ORDERED that motions which purport to be for extensions of time to file a brief, but which are substantively motions for extension of time to cause transmission of the record and which do not comply with the requirements of Rule 10(c), M.R.App.P., will be docketed by the Clerk's office as deficient and returned to counsel, at counsel's expense.
The Clerk is directed to cause this Order to be posted on the Montana courts website and the Law Library website, and the State Bar of Montana is requested to print this Order in a prominent place in the next issue of the Montana Lawyer, to post it on the State Bar's website, and to summarize its content in the next electronic Bar Briefings.
JUSTICES KARLA M. GRAY, PATRICIA O. COTTER, JOHN WARNER, W. WILLIAM LEAPHART, BRIAN MORRIS, JAMES C. NELSON and JIM RICE.