ORIGINAL 06/30/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 21-0067
DA 21-0067
FILED
STATE OF MONTANA, JUN 3 0 2021
Bowen Greenwood
Clerk of Supreme Court
Plaintiff and Appellee, State of Montana
v. ORDER
MICHAEL DEAN ALBERT,
Defendant and Appellant.
Appearing on his own behalf, Appellant Michael Albert filed the opening brief on
appeal on June 30, 2021. Appellant's brief asks this Court to review a potential
discrepancy between his sentence imposed and the sentence in the State records. Though
this Court attempts to give some leeway to self-representing litigants, there are certain
requirements of the Rules of Appellate Procedure that are essential to its ability to
consider an appeal. After reviewing the Appellant's opening brief, this Court has
determined that the brief does not comply with the Rules and must be resubmitted.
Accordingly,
IT IS HEREBY ORDERED that Appellant's opening brief be returned for
revisions necessary to comply with the Montana Rules of Appellate Procedure. In
particular, Appellant's brief must:
1. Include in the cover page, the names, mailing addresses, telephone, fax
numbers, and email addresses (if any) of the respective counsel for the
parties or for the parties if they are proceeding without counsel,
pursuant to Rule 11(6)(b)(v).
2. Include contents set forth in Rule 12(1). The brief should contain
separate sections for the following:
a. A statement of issues presented for review. The statement of the
issues are questions that tell the Court what mistake(s) the district
court made;
b. A summary of the argument you will make to the Court;
c. A statement of the facts relevant to the issues presented for
review, with references to the pages or the parts of the record at
which material facts appear;
i. You may not rely on any facts that the district court did
not have before it. Therefore, the brief must include
references to the record on appeal—for example,
Transcript, p. 231; Judgment, p. 3; or Order Denying
Hearing, p. 2—pursuant to Rule 12(9);
d. An argument containing the Appellant's contentions with respect
to the issues presented and citations to the authorities, statutes,
and pages ofthe record relied upon.
e. A short conclusion stating the precise relief sought.
Therefore,
IT IS ORDERED that the signed original of the referenced brief be retumed for
revisions necessary to comply with the specified Rules; the Court will make the
additional nine copies;
IT IS FURTHER ORDERED that a signed original of the revised brief ordered
herein be filed within twenty (20) days of the date of this Order with the Clerk of this
Court and that one copy ofthe 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 returning 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 ofthe revised brief.
The Clerk is directed to mail a true copy of this Order, together with all copies of
Appellant's brief referenced herein, to Appellant and to mail a true copy of this Order to
all counsel and/or parties upon whom the brief was served, and to provide a copy of the
Civil Handbook to Appellant.
DATED this 30th day of June, 2021.
For the Court,
Justice