Matter of G.R.R.

ORICINA1, 10/19/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0426 DA 20-0426 FILED OCT 1 9 2020 Bowen Greenw000 IN THE MATTER OF THE Clerk of Supreme Court State of Montana CONSERVATORSHIP OF: ORDER G.R.R., A Protected Person. This Court reviews briefs to ensure compliance with the Montana Rules of Appellate Procedure. After reviewing the Appellant's opening brief filed on October 16, 2020, this Court has determined that, for the third time, the brief does not comply with the Rules and must be resubmitted. M. R. App. P. 10(6) requires that parties filing documents with the Clerk of the Supreme Court shall use initials when referencing the names of parties in any proceeding under Title 72, Chapter 5, part 3 (Guardians of Incapacitated Persons). There remain numerous references to the name of the protected person throughout the Appellant's opening brief, including the full name on the cover page, which must be removed and replaced by initials. M. R. App. P. 11(3)(b) requires briefs to be double spaced. Sections of Appellant's opening brief are still not double spaced. M. R. App. P. 12(1)(c) requires a statement of the case. The statement shall first briefly indicate the nature of the case and its procedural disposition in the court below. Only that procedural background which is relevant to the issue or issues raised shall be included in the statement of the case. Appellant's opening brief does not include a statement of the case. M. R. App. P. 12(1)(d) requires a statement of facts relevant to the issues presented for review, with specific references to the pages or the parts of the record at which material facts appear. Appellant's opening brief includes a litany of assertions not cited to the record. M. R. App. P. 12 (1)(e) requires a statement of the standard of review as to each issue raised, together with a citation to authority. The standard of review section of the Appellant's opening brief does not include citations to appropriate authority such as caselaw or statutes. M. R. App. P. 12(1)(g) requires an argument section, which contains the contentions ofthe appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes, and pages of the record relied on. Appellant's opening brief does not include an argument section. M.R. App.P. 12(1)(h) requires a short conclusion stating the precise relief sought. Appellant's opening brief still does not contain a short conclusion stating the precise relief sought. Therefore, IT IS ORDERED that the signed original of the referenced brief be returned for revisions necessary to comply with the specified Rules; IT IS FURTHER ORDERED that, given this is the third deficiency order, failure to revise this deficient brief in accordance with these rules may result in summary dismissal; IT IS FURTHER ORDERED that a 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 ofthis Court and that one copy ofthe revised brief be served on each counsel 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; IT IS FURTHER ORDERED that the postage costs for returning the referenced copies of Appellant's brief will be billed to Appellant by the Clerk ofthis 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 offiling ofthe revised brief. The Clerk of this Court is directed to mail a true copy of this Order to Appellants and to mail a true copy ofthis Order to all counsel upon whom the brief was served. DATED this ick day of October, 2020. For the Court, Justice Dirk Sandefur