ORIGINAL 12/23/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0059
DA 21-0059
FILED
STATE OF MONTANA,
DEC 2 3 2021
Bowen Greenwood
Plaintiff and Appellee, Clerk of Supreme Court
State of Montana
v. ORDER
THOMAS RICHARD FERRIS,
Defendant and Appellant.
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 December 22, 2021, this Court has determined that the brief does not comply
with the Rules and must be resubmitted.
M. R. App. P. 12(1)(a) requires a "table of cases (alphabetically arranged), statutes
and other authorities cited, with references to the pages of the brief where they are
cited[.]" The table of cases in the Appellant's opening brief is not alphabetically
arranged.
M. R. App. P. 12(1)(e) requires a "statement of the standard of review as to each
issue raised, together with a citation of authority[.]" The Appellant's opening brief does
not contain a separate standard of review section for his two appealed issues.
M. R. App. P. 12(1)(i) requires that an appellant must attach an "appendix that
includes the relevant judgment, order(s), findings of fact, conclusions of law, 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 of the transcript
containing any oral ruling in support." While the Appellant has provided the District
Court's order on his motion to dismiss the State's amended information, his appendix
does not include the final judgment from which he appeals or the relevant jury
instructions.
Therefore,
IT IS ORDERED that the signed original and seven 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 seven copies of the
revised brief ordered herein be filed within ten (10) days of the date of this Order with the
Clerk of this 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 returning the referenced
copies of Appellant's brief will be billed to Appellant's counsel 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 of filing of the revised brief.
The Clerk of this Court is directed to mail a true copy of this Order to counsel for
Appellant and to mail a true copy of this Order to all counsel upon whom the brief was
served.
DATED this ' -day of Decernber, 2021.
For the Court,
By
Justice