Sullivan v. Dorman ( 2023 )

ORIGINAL 02/16/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0629 DA 22-0629 BILLY BUDD SULLIVAN and FILPD HARRY RICHARDS, FE3 16 2023 Bow , :2nvv0OCI _,,erne Court Plaintiffs and Appellants, vinntana v. ORDER ALICIA DORMAN and JASON FORTNEY, Defendants and Appellees. Appearing as self-represented litigants, Appellants Billy Budd Sullivan and Harry Richards filed a Request for Production of Transcripts along with their Notice of Appeal on November 22, 2022. They requested the transcript of the September 1, 2022 hearing that occurred in the District Court. However, instead of certifying that they made arrangements with the court reporter to pay for the transcripts, one of the Appellants wrote "NO I have NOT" on the form. As Appellants, Sullivan and Richards bear the responsibility to make arrangements to pay the court reporter to prepare the transcripts. M. R. App. P. 8(3) and 9(1). Although Appellants requested, and obtained, waiver of the filing fee for appeal to this Court, such waiver does not entitle the party to waive other fees or costs, including the cost of transcript preparation. M. R. App. P. 5(5). Although we recognize the burden on litigants of limited means when they must procure funds on their own to secure a transcript for appeal, there is no provision in Montana law that allows transcripts to be provided in a civil matter such as this one at no cost to the appellant. Aside from the transcript, the District Court transmitted the remainder ofthe record to this Court on January 6, 2023. Appellants must either timely make payment arrangements with the court reporter for preparation of the transcript or proceed with this appeal on the remainder of the record. IT IS THEREFORE ORDERED that, on or before March 16, 2023, Appellants shall file a report on th'e status of this appeal that informs the Court as to the status of the transcripts. Failure to file a statUs report within that time will result in dismissal of this appeal with prejudice and without further notice. The Clerk is directed to provide a copy of this Order to counsel of record, and to Billy Budd Sullivan and Harry Richards: DATED this 16th day of February,, 2023. For the Court, Chief Justic 2