Opinion
June 30, 1981. Effective Date July 1, 1981.
ORDER
1. The Court received from the Advisory Committee to the Supreme Court of the State of Montana on Rules of Civil Procedure its Report and Proposal that Rule 10(a) of the Montana Rules of Appellate Civil Procedure be amended to provide that three copies of each transcript, instead of six copies, be filed with the clerk of this Court on appeals.
2. On December 9, 1980, in an order entered in our cause No. 10750 (1980), we directed that notice of said proposal be given as required by § 3-2-703, MCA, and further directed that within six months of the filing of the petition by the Advisory Committee members of the bar or bench might file suggestions regarding the proposal, or request hearing thereon within said six month period.
3. No request for hearing has been filed within the said time by any member of the bench or bar.
4. The association of Montana judges has adopted a resolution requesting (1) delay of one year in adopting the proposal for the purpose of a study; (2) requesting hearings outside the six month period provided by § 3-2-703, MCA, on the proposal, and (3) requesting the aid of this Court in procuring increased allowances for transcripts from the legislature.
5. The legislature, in Chapter 295, Laws of Montana (1981), increased the permissible folio charge allowed to court reporters from 7 1/2 cents per folio to 10 cents per folio, effective October 1, 1981.
6. The reason given by the Advisory Committee in submitting the proposal are these:
"COMMENT: The amendment is made for the purpose of economizing as to the expense of appeals to the Montana Supreme Court, and also assisting the court in solving a filing space problem which confronts the court. The amendment recognizes that no one, including the court, the parties and the clerk of court, has any real need for more than three copies of the transcript on an appeal, nor will any such need exist when the court is expanded to seven Justices, commencing January 1, 1981."
7. The Court finds that the reasons given by the Advisory Committee for the proposal outweighs any need for delay in adopting the proposal, and that the matter of increased allowances for court reporters is a legislative matter outside the province of this Court unless such allowance became so unreasonable as to affect the business of this Court.
8. NOW, THEREFORE, IT IS ORDERED: That Rule 10(a), Montana Rules of Appellate Civil Procedure be and the same hereby is amended to read as follows:
"(a) TIME FOR TRANSMISSION — NUMBER OF COPIES OF TRANSCRIPT — DUTY OF APPELLANT. The record on appeal, including the transcript necessary for the determination of the appeal, shall be transmitted to the Supreme Court within 40 days after the filing of the notice of appeal unless the time is shortened or extended by an order entered under subdivision (c) of this rule. Three copies of each transcript must be filed with the clerk of this Court for filing. Promptly after filing the notice of appeal the appellant shall comply with the provisions of Rule 9(b) and shall take any other action necessary to enable the clerk to assemble and transmit the record. If more than one appeal is filed, each appellant shall comply with the provisions of Rule 9(b) and his subdivision, and a single record shall be transmitted within 40 days after the filing of the final notice of appeal."
9. Said amendment shall be effective as to all transcripts required to be filed in this Court, based on notices of appeal filed and served on or after July 1, 1981 or proceeding had or taken to this court commencing on and continuing from July 1, 1981.
10. DATED this 30th day of June, 1981.
s/ Frank I. Haswell, Chief Justice s/ Gene B. Daly, Justice s/ John Conway Harrison, Justice s/ Daniel J. Shea, Justice s/ John C. Sheehy, Justice s/ Fred J. Weber, Justice s/ Frank B. Morrison, Jr., Justice