Case Information
*1 06/29/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0614 DA 20-0614 IN RE THE ADOPTION OF: FILED R.D.J., a Minor Child,
JUN 2 8 2021 Bowen Greenwood JEREMY JAMES, Clerk of Suprerne Court State of Montana
ORDER Petitioner and Appellee, v . WAYNE DARRELL DAILEY, Respondent 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 reply brief filed on June 28, 2021, t h is Court has determined that the brief does not comply with the Rule and must be resubmitted.
M. R. App. P. 11(4)(a) pertains to the word count of a proportionately-spaced brief, denoted in the certificate of cornpliance, and states that "a reply brief or amicus brief shall not exceed 5,000 words." (Emphasis added.) Appellant's reply brief denotes the brief contains 6,023 words, which is well above the required length. Therefore,
IT IS ORDERED that the signed original and nine copies of t h e referenced brief b e returned for revisions necessary to comply with the specified Rule; IT IS F U R TH E R ORDERED that a signed original and nine copies of the revised brief order ed h e re i n be file d w it hi n t e n (10) d a y s of t h e da te of t hi s O rd e r wit h the Cl erk of this Court an d that one copy of the revised brief be served on each counsel of record;
IT IS FURTHER ORDERED that no c ha n ge s , additions, or d e le t i o ns other than tho se sp eci fied in this Order m a y b e m ad e to th e b ri e f as o r i g in a l l y filed ; IT IS FURTHER ORDERED that the postage c o s t s for returning the referenced *2 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 2.8 day of June, 2021. For the Court, Justice
