03/15/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 22-0427
DA 22-0427
_________________
MISSOULA COUNTY,
Plaintiff and Appellant,
v.
STATE OF MONTANA; MONTANA ORDER
DEPARTMENT OF CORRECTIONS; and
BRIAN GOOTKIN, in his official capacity as the
Director of the Montana Department
of Corrections,
Defendants and Appellees.
_________________
This Court reviews briefs to ensure compliance with the Montana Rules of
Appellate Procedure. After reviewing the Appellant’s Opening brief filed electronically
on March 13, 2023, this Court finds the principal brief in compliance but determines that
the Appellant’s Appendices do not comply with the below-referenced rule.
M. R. App. P. 12(1)(i) requires “[a]n 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,” and “shall include a table of contents.” Appellant has
submitted nine Appendices and no table of contents.
Therefore,
IT IS ORDERED that the referenced brief is accepted for filing, but within ten
(10) days of the date of this Order, Appellant shall file an Appendix containing the
revisions necessary to comply with M. R. App. P. 12(1)(i) and shall serve copies of the
revised Appendix on all parties 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; and
1
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 is directed to provide a copy of this Order to the Appellant and to all
parties of record.
2 Electronically signed by:
Dirk Sandefur
Justice, Montana Supreme Court
March 15 2023