December 20, 2013
BARBARA K. DESCHAMPS, Petitioner and Appellee,
DENNIS O. DESCHAMPS, Respondent and Appellant.
Dennis O. Deschamps (Dennis) has filed a motion to file a new opening brief on appeal. As grounds, he indicates that he has now located counsel willing to represent him. He requests 15 days to re-file his opening brief. Through counsel, Barbara K. Deschamps has filed a response in which she objects to the motion, citing the nearly six years this matter has been "in the works."
Dennis' s pro se opening brief was filed on October 24, 2013 ~ nearly two months ago. Barbara has incurred the expense of having counsel file a response brief on her behalf, and she would be obligated through no fault of her own to expend additional sums for re-briefing were we to grant Dennis's motion at this juncture. There is no provision within the Montana Rules of Appellate Procedure that allows for an extension of time to re-file a brief once the matter has been fully briefed and submitted to the Court. In fact, this matter is presently scheduled for classification by this Court. For these reasons,
IT IS ORDERED that the motion to re-file opening brief is DENIED. The Clerk is directed to provide a copy hereof to counsel of record and to Dennis O. Deschamps.