02/23/2024
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 23-0287
DA 23-0287
_________________
PLANNED PARENTHOOD OF MONTANA;
ALL FAMILIES HEALTHCARE;
BLUE MOUNTAIN CLINIC; SAMUEL
DICKMAN, M.D., and HELEN WEEMS,
APRN-FNP, on behalf of themselves and their
patients,
Plaintiffs and Appellees,
v.
ORDER
STATE OF MONTANA; MONTANA
DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES; and CHARLIE
BRERETON, in his official capacity
as Director of the Department of Public Health and
Human Services,
Defendants and Appellants.
_________________
This Court reviews briefs to ensure compliance with Rules 11 and 12 of the
Montana Rules of Appellate Procedure. After reviewing the brief electronically filed by
Amici Curiae Legal Voice, Montana Coalition Against Domestic & Sexual Violence,
Sexual Violence Law Center, Asian Pacific Institute on Gender-Based Violence,
Coalition Ending Gender-Based Violence, and The National Domestic Violence Hotline
on February 21, 2024, this Court has determined that the brief does not comply with the
below-referenced Rule and must be resubmitted.
M. R. App. P. 11(4)(a) states that amicus briefs shall not exceed 5,000 words. M.
R. App. P. 11(4)(d) states that the word and page limits under this rule do not include
table of contents, table of citations, certificate of service, certificate of compliance, or any
appendix containing statutes, rules, regulations, and other pertinent matters. Despite
certifying its compliance with the Rule, Amici have not complied with the word limit.
Amici certified that the brief did not exceed 3,350 words, however this word count only
includes the body of the brief, without any word count for the brief’s footnotes.
Additionally, Amici included no citations within the body of its brief, but rather placed
all citations within the brief’s uncounted footnotes. When counting all footnotes within
the brief, the word count exceeds 5,500, and extended the brief beyond its limit of 5,000
words.
Therefore,
IT IS ORDERED that the referenced brief is rejected.
IT IS FURTHER ORDERED that within ten (10) days of the date of this Order
Amici Curiae Legal Voice, Montana Coalition Against Domestic & Sexual Violence,
Sexual Violence Law Center, Asian Pacific Institute on Gender-Based Violence,
Coalition Ending Gender-Based Violence, and The National Domestic Violence Hotline
shall electronically file with the Clerk of this Court a revised brief containing the
revisions necessary to comply with the specified Rule and shall serve copies of the
revised brief 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
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 true copy of this Order to the Amici and to all
parties of record.
Electronically signed by:
Dirk Sandefur
Justice, Montana Supreme Court
February 23 2024