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In re Marriage of Atkinson

Supreme Court of Montana

January 29, 2014

IN RE THE MARRIAGE OF: CHRISTINA JEAN ATKINSON, f/k/a Christina Jean Rannebarger, Petitioner and Appellant, and ROBERT NICHOLAS RANNEBARGER, Respondent and Appellee.

ORDER

Christina Jean Atkinson, by counsel (Christina), has filed a Motion for Emergency Stay Pending Appeal. Christina seeks the stay of an order entered by the Thirteenth Judicial District Court on January 21, 2014, whereby the court granted to the respondent, Robert Rannebarger (Robert) physical custody of the minor children of the parties, effective this date, January 29, 2014. Relating circumstances which she contends reflect that a change in custody is not in the best interests of the children, she asks that we order an emergency stay of the transfer of custody of the children, pending her appeal of the District Court's decision.

The stay of a judgment or order pending appeal is governed by M. R. App. P. 22. Rule 22 (l)(a) provides that a party seeking to stay a judgment or order of the district court pending appeal shall file a motion for stay in the district court. Rule 22(2) provides that upon the grant or denial of the motion for relief filed in the district court under section (1)(a) of the rule, a party may file in this Court a motion for relief from the district court order. The motion must demonstrate good cause for the relief requested, be supported by affidavit, and include copies of relevant documents from the record including the district court order in question.

Christina has failed to comply with the provisions of Rule 22, in that she does not allege or show that she first filed her motion in the District Court, she has not supplied this court with the relevant documents, and she has not supported her motion with an affidavit. Rule 22(4) provides: "Except in extraordinary circumstances supported by affidavit, motions under this rule which have not been filed in accordance with sections (1) and (2)(a) of this rule, and motions filed without prior notice to the opposing party, will be denied summarily." Accordingly,

IT IS HEREBY ORDERED that Christina's Motion for Emergency Stay Pending Appeal is DENIED.

IT IS FURTHER ORDERED that the Clerk of this Court shall provide immediate notice of this Order to all counsel of record.


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