State v. M. Dunne ( 2022 )

04/01/2022 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0092 DA 21-0092 _________________ STATE OF MONTANA, Plaintiff and Appellee, v. ORDER MICHAEL DUNNE, 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 electronically on March 31, 2022, this Court has determined that the brief does not comply with the below-referenced Rules and must be resubmitted. M. R. App. P. 12(1)(i) requires 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’s opening brief contains a table of contents for an appendix, the actual appendix is missing. M. R. App. P. 13(2) requires a signed original brief. The date and signature lines of the Appellant’s opening brief appear to have been inadvertently left blank. 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 the Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rules and that the Appellant 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 Appellant and to all parties of record. Electronically signed by: Ingrid Gustafson Justice, Montana Supreme Court April 1 2022