§ Rule 13 Form of briefs

Codes > Montana Code > Title 25 > Montana Uniform : Part 2400 > Rule 13

Rule 13. Form of briefs

    (a) Brief of appellant. The requirement of appellants brief is fulfilled by a simple written memorandum or statement setting forth the judgment or order appealed from, the facts relevant to the issues presented for review, the points of error for the appeal, special points and legal authorities desired to be brought to the attention of the district court, and a short conclusion of the relief sought.

    (b) Answer brief of respondent. The answer brief of the respondent shall conform to the requirements of subsection (a), except that a statement of the facts or issues need not be made unless the respondent is dissatisfied with appellants statements.

    (c) Reply brief. The appellant may file a brief in reply to respondents answer. The reply brief must be confined to new matter raised in the brief of respondent. No further briefs may be filed except with leave of the district court.

    (d) Length of briefs. Except by permission of the district court briefs shall not exceed 10 pages.

    (e) Form and quality. All briefs shall be written in ink or typed on a good grade of white paper 8 1/2 inches by 11 inches in size. On the first page of the brief shall appear the title of the district court; the title of the municipal court appealed from, adding to the words Plaintiff and Defendant, the words Appellant and Respondent as the case may require; the title of the brief as Appellants Brief or Respondents Brief as the case may be; and the names, addresses and telephone numbers of the attorneys, or the parties if pro se.Form 4 is a suggested form of the first page of a brief.

    (f) Brief references and abbreviations. References in the brief to the record must be specific as to the particulars and their location in the record. Reference to a stenographic record must be made to the specific page of the transcription. Reference to an electronic record must be made to its location on the electronic recording by an accurate recorder counter number. In the discretion of the district court, it may require parts or all of an electronic recording transcribed, and attached as part of the brief. References to exhibits shall be made to the specific page or location in the record where the exhibit was identified, offered, received or rejected. Understandable abbreviations may be used in the brief.