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Mont. Democratic Party v. Jacobsen

Supreme Court of Montana
May 23, 2023
DA 22-0667 (Mont. May. 23, 2023)

Opinion

DA 22-0667

05-23-2023

MONTANA DEMOCRATIC PARTY and MITCH BOHN, WESTERN NATIVE VOICE, et al., MONTANA YOUTH ACTION, et al.., Plaintiffs and Appellees, v. CHRISTI JACOBSEN, in her official capacity as Montana Secretary of State, Defendant and Appellant.


ORDER

After reviewing the Amicus brief for Lawyers Democracy Fund in the above captioned matter, filed on May 23, 2023, this Court has determined that the brief does not comply with the Montana Rules of Appellate Procedure for the below-referenced reasons and must be resubmitted.

Rule 13(2) requires Amicus to file a signed original brief and copies with Clerk of the Supreme Court. The original of Amicus's brief is unsigned, and thus not in compliance with the Rules. Simply listing the name of the attorney, though it does serve the function of identifying who submitted the brief, does not certify the attorney's compliance with the Montana Rules of Civil Procedure. See M. R. Civ. P. Rule 11.

Further, pursuant to M. R. App. P. ll(4)(e), a signed Certificate of Compliance stating the document's line spacing and either: (1) the document is proportionately spaced, together with the typeface, point size, and word count; or (2) the document uses a monospaced typeface, together with the number of characters per inch and word count, or, the number of counted pages, pursuant to section (4)(b) or (c) of the rule must be attached to a brief. A party preparing this certificate may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document's length. No such Certificate was included with Amicus's brief.

Therefore, IT IS ORDERED that the referenced brief is rejected.

IT IS FURTHER ORDERED that within ten (10) days of the date of this Order Amicus shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rules and that Amicus 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.


Summaries of

Mont. Democratic Party v. Jacobsen

Supreme Court of Montana
May 23, 2023
DA 22-0667 (Mont. May. 23, 2023)
Case details for

Mont. Democratic Party v. Jacobsen

Case Details

Full title:MONTANA DEMOCRATIC PARTY and MITCH BOHN, WESTERN NATIVE VOICE, et al.…

Court:Supreme Court of Montana

Date published: May 23, 2023

Citations

DA 22-0667 (Mont. May. 23, 2023)