Opinion
DA 22-0616
11-30-2022
IN THE MATTER OF THE GUARDIANSHIP OF: M.H.O.
ORDER
This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. On November 30, 2022, Appellant M.H.O. filed a document which appears to be an opening brief in this matter. This document does not conform to the Rules in several respects, as it does not use initials for the parties to this guardianship proceeding as required by M. R. App. P. 10(6), does riot contain a certificate of compliance as required by M. R. App. P. ll(4)(e), does not contain a certificate of service as required by M. R. App. P. 10(4), does not contain the necessary information for the first page and cover as required by M. R. App. P. 11(6), and does not ' meet the requirements of M. R. App. P. 12(1)(a)-(i).
This document is also premature, because under M. R. App. P. 13(1), an appellant shall file the opening brief within 30 days after the date on which the record is filed. Under M. R. App. P. 9, the record is deemed transmitted once the District Court record and any necessary transcripts are filed with the Clerk of this Court. Because the record Eas not been transmitted from the District Court, the time for briefing has not yet begun. Therefore, IT IS ORDERED that the document filed on November 30; 2022, is rejected;
IT IS FURTHER ORDERED that the Clerk of Court is directed to provide Appellant with a copy of the Civil Handbook for litigants proceeding before this Court without an attorney; . .
IT IS FURTHER ORDERED that the postage costs for returning the referenced 1 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 Appellant's opening brief is due within 30 days after the date on which the record is filed and the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised opening 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. 2