Armstrong v. Personnel Appeals ( 2020 )

05/29/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0590 DA 19-0590 _________________ APRIL ARMSTRONG, DAVID R. BARNHILL, K. AMY PFEIFER, PEGGY PROBASCO, and PATRICK QUINN, Petitioners and Appellees, v. ORDER BOARD OF PERSONNEL APPEALS, MONTANA DEPARTMENT OF ADMINISTRATION, MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Respondents and Appellants. _________________ This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellant’s opening brief filed electronically on May 29, 2020, this Court has determined that the brief does not comply with the below-referenced Rules and must be resubmitted. M. R. App. P. 11(6)(b)(iii) requires that briefs include “the title of the case from the tribunal in which the case originated or from which an appeal is taken,” including the name, venue, and judge in which the case originated or from which an appeal is taken. Appellant’s brief does not include the name, venue, or presiding judge. M. R. App. P. 12(1)(i) provides that an appellant’s opening brief shall contain an appendix that includes the relevant judgment, orders, findings of fact, conclusions of law, jury instructions, rulings, or decisions from which the appeal is taken. Appellant did not include the District Court order from which it appeals in the appendix. Pursuant to this Court’s Temporary Electronic Filing Rules, the appellant also must file paper copies of appendix documents required under Rule 12(1)(i). The Appendix also should include an index so the Court doesn’t have to search for the relevant documents. IT IS THEREFORE ORDERED that within ten (10) days of the date of this Order the Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule, and the appellant shall serve copies of the revised brief on all parties of record; IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellant shall electronically file with the Clerk of this Court a revised appendix containing the documents necessary to comply with the specified Rule and that the Appellant shall attach the revised appendix to each of the 9 paper copies of the opening brief filed with the Court; 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 and appendix. The Clerk is directed to provide a true copy of this Order to counsel for the Appellant and to all parties of record. 2 Electronically signed by: Beth Baker Justice, Montana Supreme Court May 29 2020