Helvey v. Poplar ( 2020 )

ORIGINAL 08/28/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0393 DA 20-0393 I go illimpa ANGELA E. HELVEY, AUG 2 8 2020 Plaintiff and Appellant, Bovven Greenwood Clerk of Supreme Court ikof rvIontana v. O R dr POPLAR PUBLIC SCHOOLS, Defendant and Appellee. 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 on August 25, 2020, this Court has determined that the brief does not comply with the below-referenced Rules and must be resubmitted. M. R. App. P. 12(1)(a) requires a table of contents, with page references, and a table of cases, statutes and other authorities cited, with referenced to the pages of the brief where they are cited. M. R. App. P. 12(1)(b) requires a statement of issues presented for review. M. R. App. P. 12(1)(c) requires a statement of the case. The statement shall briefly indicate the nature of the case and its procedural disposition in the court below. Appellant's brief lacks any of the above elements. M.R. App. P. 12(1)(d) requires that the statement of facts portion of a brief contain references to the pages or the parts of the record at which material facts appear. Appellant's brief contains no citations to any record. M. R. App. P. 12(1)(e) requires a statement of the standard of review for each issue presented, together with a citation of authority. Appellant's brief asserts no standard of review. M.R. App. P. 12(1)(f) requires a summary of the argument before the argument portion ofthe brief. The summary ofthe argument should include a heading identifying it as a separate section. The summary should be a clear and concise statement ofthe arguments made in the body of the brief. The Appellant's brief makes no summaiy of the argument. M.R. App. P. 12(1)(i) requires appellants to attach an appendix including "the relevantjudgment, order(s), findings offact, conclusions oflaw,jury instruction(s), ruling(s), or decision(s) from which the appeal is taken together with any written memorandum or rationale of the court, and those pages ofthe transcript containing any oral ruling in support." Appellant's brief contains no order from which the appeal, is taken. Therefore, IT IS ORDERED that the referenced brief is rejected. IT IS FURTHER ORDERED that within ten(10) days ofthe 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 Rules and that the Appellant shall serve copies of the revised brief on all parties ofrecord; IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date offiling ofihe revised brief. The Clerk is directed to mail a true copy of this Order to the Appellant and to all parties of record. DATED this 28th day of August, 2020. For the Court, Byg 1 4 Justice Page 2