Opinion
DA 21-0319
10-13-2021
CECIL THOMAS RICE, Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.
ORDER
Appearing on his own behalf. Appellant Cecil Thomas Rice filed his opening brief on appeal on October 13, 2021. This Court reviews briefs to ensure compliance with Rules 10 through 13 of the Montana Rules of Appellate Procedure. After reviewing Appellant's opening brief, this Court has determined that the brief does not comply with specific subsections of Rules 10(2), 10(4), and 13(2), and must be resubmitted.
Rule 10(2) of the Montana Rules of Appellate Procedure provides in part that "[i]n criminal cases appealed by the defendant ... all briefs, motions, and other papers, not including transcripts, shall be served on both the county attorney and the attorney general/' Although Appellant's brief does contain a "certificate of service" indicating that the Montana Attorney General has been served, this certificate of service does not also certify that the Yellowstone County Attorney has been served a copy of Appellant's brief, as is required by Rule 10(2).
Rule 10(4) of the Montana Rules of Appellate Procedure provides in part that "[p]apers presented for filing shall contain a certificate of service in the form of a statement of the date and manner of service and of the names and addresses of the persons served, certified by the person who made service." The certificate of service provided with Appellant's brief violates Rule 10(4) because it does not list the specific date on which service was made and because it does not contain Appellant's signature.
Rule 13(2) of the Montana Rules of Appellate Procedure requires a "signed original'" version of Appellant's brief be filed with the Clerk of the Supreme Court. Appellant's opening brief is in violation of Rule 13(2) because it does not contain Appellant's signature at the close of the brief.
Therefore, IT IS ORDERED that Appellant shall, within thirty (30) days of the date of this Order, serve a copy of his opening brief on the Yellowstone County Attorney and submit a signed, amended certificate of service with the Clerk of the Supreme Court which contains all dates of service and which certifies that service of this brief was made upon the county attorney;
IT IS FURTHER ORDERED that Appellant shall sign and resubmit the original copy of his brief within thirty (30) days of the date of this Order with the Clerk of the Supreme Court;
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;
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 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 the Montana Attorney General and Yellowstone County Attorney.