Opinion
DA 22-0336
11-10-2022
IN THE MATTER OF THE ESTATES OF MARY JO FOX AND MARK ROBERT FOX.
ORDER
This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellant's Opening Brief filed on November 7, 2022, this Court has determined that the brief does not comply with the Rules and must be resubmitted.
Appellant's brief was deficient in the following particulars:
i. Rule 11 (4)(d) instructs that the page numbers within a brief do not include the table of contents, table of citations, certificate of service, or certificate of compliance. Appellant included these sections when numbering the pages within his brief.
ii. Rule 11 (6)(b)(iii) and Rule 2(4) require the caption on appeal included on the cover page to be the title of the case from the district court with the parties in the same order as the caption used by the district court. The caption of Appellant's brief lists the heir and former personal representative, neither of which are included in the title of the District Court's consolidated cases from which the appeals are taken.
iii. Rule ll(4)(e) requires an appellant's brief to be accompanied by a certificate of compliance. Appellant's brief does not include a certificate of compliance.
iv. Rule 12(1)(a) requires that an appellant's brief include a table of contents with page references. Appellant titled his table of cases as the table of contents, but the brief does not include a table of contents.
v. Rule 12(1)(d) requires that an appellant's brief include a statement of the facts with the appropriate heading and information. Appellant's brief does not contain a statement of facts with the appropriate heading and information.
vi. Rule 12(1)(f) requires that an appellant's brief include a summary of the argument with the appropriate heading and information. Appellant's brief does not include a summary of the argument with the appropriate heading and information. :
vii. Rule 12(1)(g) requires that an appellant's brief include citations to the authorities, . statutes, and pages, of the record relied on. Appellant's brief does not include sufficiently consistent citation to the pages of the record relied on.
viii. Rule 12(1)(h) requires that an appellant's brief include a conclusion with the appropriate heading. Appellant's brief does not include a conclusion with the appropriate heading.
ix. Rule 12(1)(i) requires that an appellant's appendix include the relevant order or findings offact and conclusions oflaw from which the appeal is taken. Appellant's z brief does not include the relevant order or findings of fact and conclusions of law from which the appeal is taken.
IT IS ORDERED that the signecl original and nine copies of the referenced brief be returned for revisions necessary to comply with the specified Rules;, IT IS ORDERED that a signed original and nine copies of the revised brief 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 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 ORDERED that the postage costs for returning the referenced copies of Appellant's Opening Brief will be billed to Appellant by the Clerk of this Court and shall be due and payable upon receipt; and
IT IS 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.