March 19, 2014
STATE OF MONTANA, Plaintiff and Appellee,
EMMITT HOGSTEN, JR., Defendant and Appellant
M. R. App. P. 12(l)(f) requires that the argument portion of a brief be preceded by a summary, under an appropriate heading, which contains a succinct, clear, and accurate statement of the arguments made in the body of the brief and is not a mere repetition of the argument headings.
The Court has determined that Appellant's brief filed March 18, 2014, does not comply with the referenced Rule. 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 Rule;
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's counsel 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.
IT IS FURTHER ORDERED that the Clerk of this Court is directed to mail a true copy of this Order, together with all copies of Appellant's brief, to counsel for Appellant and to mail a true copy of this Order to all counsel upon whom the brief was served.