Opinion
DA 22-0189
09-19-2022
DANNY LEE WARNER, JR., Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.
ORDER
This Court reviews briefs to ensure compliance with Rules II and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellant's opening brief filed on September 19, 2022, this Court has determined that the brief does not comply with the Rules and must be resubmitted.
M. R App. P. 10(2) requires that all papers filed in this Court be "served by the party on all other parties to the appeal or review." The Appellant's brief was not served' on the Flathead County Attorney. .
M. R. App. P. 11(3)(b) requires that briefs be double spaced. The Appellant's brief is not double spaced.
M. R. App. P. 11(6)(b)(v) requires the cover page of a brief to contain the "names, mailing addresses, telephone, fax numbers, and email addresses (if any) of respective counsel for the parties, identifying the party counsel represents[.]" The cover of the Appellant's brief does not contain this information for the Flathead County Attorney.
M. R. App. P. 12(1)(d) requires a "statement of the facts relevant to the issues' presented for review, with references to the pages or the parts of the record at which material facts appear[.]" Pursuant to M. R. App. P. 8(1), "the original papers and exhibits filed in the district court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the district court shall constitute the record on' appeal in all cases." The statement of facts section in the Appellant's brief repeatedly cites to an affidavit prepared by the Appellant and signed on September 6, 2022. This affidavit was not among "the original papers and exhibits filed in the district court" and does not constitute part of "the record on appeal[.]" M. R. App. P. 8(1). The Appellant's brief therefore contains insufficient citations to the record.
Therefore, IT IS ORDERED that the signed original and seven 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 ordered herein be filed within thirty (30) 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.
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.