Opinion
DA 23-0082
05-05-2023
IN RE: THE PARENTING OF P.R.F., Minor child. P.O.B., Petitioner and Appellant and S.R.F., Respondent and Appellee.
ORDER
Dirk Sandefur Justice, Montana Supreme Court.
This Court reviews briefs to ensure compliance with the Montana Rules of Appellate Procedure. After reviewing the Appellant's opening brief filed electronically on May 5, 2023, this Court has determined that the brief does not comply with the below-referenced Rules and must be resubmitted.
M. R. App. P. 10(6) requires that, in any proceeding under Title 41, Chapter 3 (abused or neglected children) or Title 42 (adoption), MCA, "only the initials of the child, parent(s), or individual party(ies) . . . may be used in all filings." While we acknowledge that Appellant's case below began under Title 40, Chapter 4, MCA, (child custody), it evolved into a case Appellant argued should be treated as a termination of parental rights proceeding under Title 41, Chapter 3 and/or Title 42. Given the unique circumstances in this case, we believe it is appropriate and in accordance with the Rules that Appellant's filings with this Court include only the initials of the subject child and parents, not their names.
M. R. App. P. 10(7)(g) further provides that, "[b]ecause copies of documents included in appendices to briefs are not published and are solely for the supreme court's use, confidential personal information appearing in appendices need not be redacted." M. R. App. P. 12(1)(i) requires that an opening brief contain an appendix which includes the relevant judgment or order "from which the appeal is taken" and M. R. App. P. 12(5) provides that an appendix may contain "additional documents or materials that are referenced in the brief or may, otherwise, be of assistance to the supreme court in its review." Appellant's opening brief contains the necessary judgment appealed from and additional documents, but includes these items as attachments within the body of the brief. Some of the attachments contain the child's name. To comply with this Order, Appellant must either file a separate appendix or redact the child's name from the attachments contained in the body of the brief.
Appellant's opening brief is also premature. M. R. App. P. 13(1) provides that an appellant shall file the opening brief "within 30 days after the date on which the record is filed." 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." 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 Appellant has deemed at least one transcript necessary for his appeal and no transcripts have been filed, the time for briefing in this case has not yet begun. Therefore, IT IS ORDERED that the referenced brief is rejected.
IT IS FURTHER ORDERED that Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rules within thirty (30) days after the date on which the complete record is filed and that Appellant shall serve copies of the revised brief on all parties 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; 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 is directed to provide a true copy of this Order to Appellant and to all parties of record.