Montana § Rule 14 Filing And Service Of Briefs

Montana Statutes

§ Rule 14 — Filing And Service Of Briefs

Montana·Title 25 CIVIL PROCEDURE·Ch. 30A MONTANA UNIFORM MUNICIPAL COURT RULES OF APPEAL TO DISTRICT COURT·Part 2400 IV. General Provisions

Rule 14 . Filing and service of briefs.

(a)Time for filing briefs. The appellant shall serve and file a brief within 15 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 15 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 10 days after the brief of the respondent. The district court may extend the time for filing a brief. The request for extension must be made within the time originally prescribed or within an extension previously granted.

(b)Number of copies to be filed and served. A signed original brief and one copy shall be filed with the clerk of the district court. A copy of each brief shall be served upon all other parties to the appeal.

(c)Consequences of failure to

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Rule 14 . Filing and service of briefs.
(a) Time for filing briefs. The appellant shall serve and file a brief within 15 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 15 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 10 days after the brief of the respondent. The district court may extend the time for filing a brief. The request for extension must be made within the time originally prescribed or within an extension previously granted.
(b) Number of copies to be filed and served. A signed original brief and one copy shall be filed with the clerk of the district court. A copy of each brief shall be served upon all other parties to the appeal.
(c) Consequences of failure to file brief. Except for subsection (d), if an appellant fails to file a brief within the time provided by this rule, or within the time extended, the appeal shall be deemed without merit and subject the appeal to summary dismissal by the district court. Failure to file an answer brief by the respondent shall be deemed an admission that the appeal is well taken and subject to summary ruling by the district court. Reply briefs are optional and failure to file will not subject the appeal to summary ruling.
(d) Protective orders. No briefs shall be required upon filing a notice of appeal or notice of removal pursuant to §§ 40-4-124 or 40-15-302 , MCA, except upon order of the district court.

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