Rusk v. Roseen ( 2021 )

11/17/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0398 DA 21-0398 _________________ ZACHARY R. E. RUSK, Petitioner and Appellant, v. ORDER THOMAS ROSEEN, CINDY ROSEEN, and SHAWN ROSEEN, Respondents and Appellees. _________________ Appellant Zachary R. E. Rusk, appearing self-represented, filed his reply brief on November 16, 2021. Rules 10 through 13 of the Montana Rules of Appellate Procedure set forth the requirements for filing appellate briefs. Rule 10(2) requires a party to serve copies of all papers, including briefs, on all parties “at or before the time of filing.” Appellant’s reply brief contains a certificate of service stating that he will serve opposing party’s counsel “by December 1, 2021.” Rule 10(4) permits the clerk to accept papers for filing without a certificate of service but requires the certificate of service to be filed within five business days. Accordingly, IT IS HEREBY ORDERED that Appellant shall immediately serve a copy of his reply brief upon opposing counsel. IT IS FURTHER ORDERED that Appellant shall, on or before November 22, 2021, file a revised certificate of service demonstrating compliance with the rules and stating the date and manner of service upon opposing counsel pursuant to Rule 10(4). IT IS FURTHER ORDERED, as required by Rule 13(2), that the Appellant must file seven copies of the amended certificate of service with the Clerk of the Supreme Court. Electronically signed by: Beth Baker Justice, Montana Supreme Court November 17 2021