Montana Code Annotated 2001

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Title 25, Chapter 21 -- RULES OF APPELLATE PROCEDURE


     Rule 26. Filing and service of briefs.
     (a) Time for filing briefs. The appellant shall serve and file a brief within 30 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the respondent, but, except for good cause shown, a reply brief must be served and filed at least 3 days before argument. If a cross appeal is filed and appellant desires to file a reply brief in appellant's appeal, appellant shall serve and file a combined reply brief in appellant's appeal and an answer brief in the cross appeal within 30 days after service of the brief of the respondent.
     (b) Number of copies to be filed and served. A signed original and nine copies of each brief shall be filed with the clerk of the supreme court unless otherwise ordered by the court, and one copy of each brief shall be served on counsel for each party separately represented. The clerk will not accept a brief for filing unless it is accompanied by acknowledgment or proof of service as required by Rule 20.
     (c) Consequences of failure to file briefs. If an appellant fails to file a brief within the time provided by this rule, or within the time extended, a respondent may move for dismissal of the appeal. If a respondent fails to file a brief, the respondent will not be heard at oral argument except by permission of the court.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. Sept. 1, 1988, eff. Nov. 1, 1988; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.

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