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Chapman v. Maxwell

Supreme Court of Montana

September 11, 2013

ALLISON CHAPMAN Plaintiff and Appellant,
v.
LADONNA MAXWELL A.P.R.N. Defendant and Appellee.

ORDER

M. R. App. P. 12(1)(d) states an appellate brief must contain a "statement of the facts relevant to the issues presented for review, with references to the pages or the parts of the record at which material facts appear." M. R. App. P. 12(9) states references to the record "must be to particular parts of the record, suitably designated, and to specific pages of each part." While Appellant's answer brief includes a discussion of the facts in conjunction with her argument, the factual statements do not contain appropriate references to the record.

M. R. App. P. 12 (1)(h) requires an appellant's brief to contain an appendix attaching the relevant judgment or order. M, R. App. P. 12(5) allows an appellant to file additional documents in an appendix if they are referenced in the brief or may otherwise be helpful in understanding the brief. Appellant does attach the order granting Defendant and Appellee's summary judgment motion, but she also includes several unlabeled medical records. Given that our review is limited to the record below, if Appellant wants these documents to be considered, she must identify where they may be found in the District Court record.

The Court has determined that Appellant's brief filed September 10, 2013, does not comply with the above referenced Rules. Therefore,

IT IS ORDERED that the signed original and nine copies of the referenced brief be 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 (10) days of the date of this Order with the Clerk of this Court and that one copy of the revised brief be served on each counsel of record;

IT IS FURTHER ORDERED that the postage costs for returning the referenced copies of Appellant's brief will be billed to Appellant by the Clerk of this 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 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 all counsel upon whom the brief was served.


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