§ Rule 2 Parties-amicus curiae-captions

Codes > Montana Code > Title 25 > Chapter 21 > Rule 2

Rule 2. Parties--amicus curiae--captions

    (1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court:

        (a) Appellant: The party who appeals from and usually seeks reversal of a decision in the district court. A party who files a cross-appeal shall be referred to as a cross-appellant.

        (b) Appellee: The party who usually responds to the appeal, seeking affirmance of the district court. A party who responds to a cross-appeal shall be referred to as a cross-appellee.

        (c) Petitioner: A party who seeks relief by way of an original proceeding or a petition for an extraordinary writ.

        (d) Respondent: The party against whom a petition is filed.

        (e) Relator: The real party in interest in whose name the government brings an action or proceeding before this court.

        (f) Intervenor: One who, because of an asserted interest in the outcome, has voluntarily entered into an action or who, on motion, is granted leave to enter a proceeding before this court, despite not being named originally as a party.

    (2) Amicus Curiae: One who is not a party, but who, upon invitation or leave of the supreme court granted on motion, files a brief in a pending proceeding because of a strong interest in the subject matter.

    (3) Counsel--parties not represented by counsel. When these rules require an act by or upon a party, the act shall be performed by or upon counsel for the party or by or upon a party not represented by counsel.

    (4) Captions. On motion of a party, or on the court's own motion, the caption of a pending cause may be modified to more accurately reflect the actual alignment or status of a party. Upon entry of an order correcting the caption, the cause shall proceed under that caption thereafter.