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Duncan v. Tackett

Supreme Court of Montana

March 13, 2014

HOLLY ANN DUNCAN, STEPHEN STANLEY, ROBERT HEMANN, in his individual capacity as an Employee of Citizens Property Insurance Corporation, and CHARLES TUTWILER AND ASSOCL\TES, INC., Plaintiffs and Appellees,
v.
BRIAN TACKETT, Defendant and Appellant.

ORDER

Appellant Brian Tackett, pro se, filed the opening brief on appeal on March 10, 2014. Rules 11 through 13 of the Montana Rules of Appellate Procedure set forth the requirements for filing appellate briefs. The Court has determined that Appellant's brief does not comply with these rules. Accordingly,

IT IS HEREBY ORDERED that Appellant's opening brief be returned for revisions necessary to comply with the Montana Rules of Appellate Procedure. In particular, Appellant's brief must:

1. Include in the cover page, pursuant to Rule 1 l(6)(b), (iii) and (v):
a. The title of this Court;
b. The title of the case in the court from which you are appealing;
c. the court and name of the judge in the case from which you are appealing;
d. the names, mailing addresses, telephone, fax numbers, and email addresses (if any) of the respective counsel for the parties or for the parties if they are proceeding without counsel;
2. Be double spaced, pursuant to Rule 1 l(3)(b);
3. Include a signed certificate of compliance, pursuant to Rule 1 l(4)(e), that states that the document's line spacing is proportionately spaced; the text is double spaced; and the calculated word count. Appellant may rely on the word count of the word processing system used to prepare the brief, but needs only to include the actual brief content itself.
4. The brief must include references to the record on appeal, e.g., Transcript, p. 231; Judgment, p. 3;or Motion for Summary Judgment, p. 2, pursuant to Rule 12(9); and
5. Attach a copy of the judgment or order from which you are appealing, pursuant to Rule 12(l)(a) through (h).

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

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 the Supreme Court and shall be due and payable upon receipt;

IT IS FURTHER ORDERED that the signed original and nine copies of the revised brief ordered herein be filed within fifteen (15) 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;

IT IS FURTHER ORDERED that the Clerk of Court is directed to provide Appellant with a copy of the Civil Handbook for litigants proceeding before this Court without an attorney.

IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of refilling 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 Appellant and to mail a true copy of this Order to all counsel and/or parties upon whom the brief was served, and to provide a copy of the Civil Handbook to Appellant.


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