Wallace v. Spencer Law Office

n f%F--\114)NT\:11 UkAUA (dIAL 04/20/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0611 DA 20-0611 FLED TERRY WALLACE, APR 1 9 2021 Plaintiff and Appellant, Bowen Greenwood Clerk of Supreme Court State of Montana v. ORDER LAW OFFICE OF BRUCE SPENCER,PLLC, ,LPH,INC, a Montana Corporation, GEISZLER STEELE,PC, and John Does 1-5, Defendants and Appellees. 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 April 19, 2021, this Court has determined that the brief does not comply with the Rules and must be resubmitted. We note the table of contents of the Appellant's opening brief indicates his brief contains 17 pages, however the brief submitted to the Court abruptly stops on page 16. M. R. App. P. 10(4) requires a certificate of service in the form of a statement of the date and manner of service and of the names and addresses of the persons served. The Appellant's opening brief does not contain a certificate of service. M. R. App. P. 11(4)(e) requires a certificate of compliance, which states the document's line spacing and that the document complies with word and/or page count limits. The Appellant's opening brief does not contain a certificate of compliance. M. R. App. P. 12(1)(h) requires a short conclusion stating the precise relief sought. The Appellant's opening brief does not contain a conclusion. M. R. App. P. 13(2) requires a signed original and 9 copies of the brief. The Appellant's opening brief is not signed. Therefore, IT IS ORDERED that the signed original and nine copies of the referenced brief be returned for revisions necessary to comply with the specified Rules; 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 of the revised brief be served on each counsel of record; 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 retuming the referenced copies of Appellant's brief will be billed to Appellant by the Clerk of this 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 of the revised brief. The Clerk of this Court is directed to mail a true copy of this Order to Appellant and to mail a true copy ofthis Order to all counsel upon whom the brief was served. DATED this 7041`day of April, 2021. For the Court, B Justice