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State v. Charlo

Supreme Court of Montana

July 5, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
JOHNNY SHAWN CHARLO, Defendant and Appellant.

ORDER

M. R. App. P. 12(l)(h) requires that the judgment, order, findings of fact, conclusions of law, or decision in question appealed from, together with the supporting memorandum opinion, if any, be contained in appellant's brief to this Court or appendix thereto.

M R. App. P. 12(l)(d) requires that the statement of the facts portion of a brief contain references to the pages or the parts of the record at which material facts appear. Furthermore, M. R. App. P. 12(9) provides that a reference to the record must be to particular parts of the record, suitably designated, and to specific pages of each part (e.g., Answer, p. 7; Motion for Summary Judgment, p. 3; Transcript, p. 231) and that a reference to an exhibit shall be made to the pages of the transcript on which the exhibit was identified, offered, and received or rejected.

The Court has determined that the Appellant's brief filed July 5, 2013, does not comply with the referenced Rules, because Appellant has failed to attach the written order from which he appeals and has failed to properly cite to the record. Therefore,

IT IS ORDERED that the original and nine copies of the referenced brief be, and are hereby, returned for revisions necessary to comply with the specified Rules;

IT IS FURTHER ORDERED that no other changes, additions or deletions may be made to the brief as originally filed;

IT IS FURTHER ORDERED that the signed original and nine copies of the revised brief ordered herein be filed within ten days of the date of this Order with the Clerk of the Supreme Court and one copy of each revised brief be served on counsel of record and each party appearing pro se;

IT IS FURTHER ORDERED that the postage costs for returning the referenced copies of Appellant's brief will be billed to Appellant's counsel by the Clerk of the Supreme Court and shall be due and payable upon receipt; 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 refiling of the brief being returned this date.

The Clerk is directed to mail a true copy of this Order, together with all copies of Appellant's brief referenced herein, to counsel for Appellant and to mail a true copy of this Order to all counsel upon whom the brief was served.


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