12/13/2022 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0699 DA 22-0699 ik If ....LT21 -33.' STATE OF MONTANA, DEC 13 2922 BOVV.=11 Gr Plaintiff and Appellee, C , C3' - ur-t 6.3..".3ritana v. ORDER KAITLYN HOLMES, Defendant and Appellant. Through counsel, Kaitlyn Holmes seeks leave to file an out-of-time appeal of the Eighteenth Judicial District Court's September 14, 2022 judgment in Gallatin County Cause No. DC-21-525C. Holmes represents that counsel's office mistakenly filed her November 9 notice of appeal with the District Court clerk only instead of with the Clerk of this Court. Holmes advises that counsel for the State has no objection. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[1" Given the administrative error in filing the notice with the wrong court, and there being no objection, we conclude that Holmes's appeal should be allowed to proceed. IT IS THEREFORE ORDERED that Holmes's Petition for an Out-of-Time Appeal is GRANTED. IT IS FURTHER ORDERED that counsel for Holmes shall have ten days from the date of this Order within which to file a Notice of Appeal and shall immediately order the appropriate transcripts, if they have not been already ordered. The Clerk of this Court is directed to provide copies of this Order to all counsel of record. Lt-aN DATED this II, day of December, 2022. 421 .0 JUL ,e4c....„ Justices 2