Rule 23. Briefs.
     (a) Brief of the appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:
     (1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.
     (2) A statement of the issues presented for review.
     (3) A statement of the case. The statement shall first indicate briefly the nature of the case and its disposition in the court below, e.g.: "The plaintiff brought this action in the district court to recover damages for the wrongful death of the plaintiff's husband. The jury returned a verdict for the plaintiff. On motion of the defendant the trial judge entered judgment for the defendant n. o. v. on the ground that there was no evidence to support a finding of negligence on the part of the defendant. From this judgment the plaintiff appeals."
     There shall follow a statement of the facts relevant to the issues presented for review, with references to the pages of the parts of the record at which material facts appear (see subdivision (e)).
     (4) An argument. The argument shall be preceded by a summary. The summary shall contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and not be a mere repetition of the argument headings. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and pages of the record relied on.
     (5) A short conclusion stating the precise relief sought.
     (6) The judgment, order, findings of fact, conclusions of law, or decision in question, together with the memorandum opinion, if any, in support thereof. If an appendix is filed pursuant to Rule 25, the foregoing may be included therein.
     (7) Notice of Supplemental Authorities. When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of court, by "Notice of Supplemental Authority," with a copy to all counsel, setting forth the citation(s) without argument. The notice shall reference either the page of the brief or the point argued orally to which the citation(s) pertain.
     (b) Answer brief of the respondent. The answer brief of the respondent shall conform to the requirements of subdivision (a) (1) to (4), except that a statement of the issues or of the case need not be made unless the respondent is dissatisfied with the statement of the appellant.
     (c) Reply brief. The appellant may file a brief in reply to the brief of the respondent, and if the respondent has cross appealed, the respondent may file a brief in reply to the response of the appellant to the issues presented by the cross appeal. The reply brief must be confined to new matter raised in the brief of the respondent. No further briefs may be filed except with leave of court.
     (d) References in briefs to parties. Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such formal designations as "appellant" and "respondent." It promotes clarity to use names or descriptive terms such as "the employee," "the injured person," "the taxpayer," etc. In any proceeding regarding the abuse and neglect of a child or for the termination of parental rights under Title 41, Chapter 3, MCA, or in any proceeding under Title 40, Chapter 6 (Uniform Parentage Act); Title 42 (Adoption); Title 52, Chapter 3, part 8 (Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act); Title 53, Chapter 20 (Developmental Disabilities), Chapter 21 (Mentally Ill), and Chapter 24 (Alcoholism and Drug Dependence), only the initials of the child, parent(s) or individual party(ies), as the case may be, may be used.
     (e) References in briefs to the record. Whenever a reference is made in the briefs to the record, the reference must be to particular parts of the record, suitably designated, and to specific pages of each part, e. g., Answer, p. 7; Motion for Summary Judgment, p. 3; Transcript, p. 231. Intelligible abbreviations may be used. If reference is made to an exhibit, reference shall be made to the pages of the transcript on which the exhibit was identified, offered, and received or rejected.
     (f) Reproduction of statutes, rules, regulations, etc. If determination of the issues presented requires the study of statutes, rules, regulations, etc., or relevant parts thereof, they may be reproduced in the brief or in an addendum at the end, or they may be supplied to the court in pamphlet form. No such reproduction is required, unless ordered by the supreme court. When the error alleged is to the charge of the court, the brief of the parties shall set out with appropriate transcript references the part referred to totidem verbis, whether it be directed to instructions given or instructions refused.
     (g) Overlength and supplemental briefs and costs.
     (i) Motions to file overlength and supplemental briefs will not be routinely granted except in capital cases. Motions to file such briefs in other cases must be supported by an affidavit demonstrating extraordinary justification.
     (ii) For purposes of assessing costs in civil cases under section 25-10-104, Montana Code Annotated, reasonable costs shall be determined as follows: Costs will be allowed for the actual cost per page for up to 9 copies of each brief plus 2 copies for each party to be served, unless the court shall direct a greater number of briefs to be filed. In taxing costs for printing or photographing documents, the clerk shall tax costs at a rate not to exceed .20 cents per page or at actual cost, whichever shall be less. If a cross appeal is filed, the appellant will bear the original costs of the transcript.
     (h) Briefs in cases involving cross-appeals. If a cross-appeal is filed, the party who first files a notice of appeal, or in the event that the notices are filed on the same day, the plaintiff in the proceeding below, shall be deemed the appellant for the purposes of this rule and Rules 25 and 26, unless the parties otherwise agree or the court otherwise orders. The brief of the respondent shall conform to the requirements of subdivision (a)(1) - (6) of this rule with respect to the respondent's cross-appeal as well as respond to the brief of the appellant except that a statement of the case need not be made unless the respondent is dissatisfied with the statement of the appellant.
     (i) Disc copy of briefs. There shall be included with original briefs filed under this Rule and under Rule 17, one copy of the brief saved to either a 3 1/2" floppy disc or to a CD. This rule shall not apply to hand-written briefs or to those typed on a typewriter. Failure to include the disc or CD with the original brief shall not be grounds for dismissal or for refusal to file the brief.
     (j) For cases docketed in the office of the Clerk of the Supreme Court on and after January 2, 2006, an issue form, as set out in Form 3 to the Appendix of Forms, must be completed by counsel or the party, if pro se, and filed with the Clerk of the Supreme Court. Only appellants, cross-appellants, petitioners and cross-petitioners must file this form with their opening briefs or petitions. Persons filing briefs or petitions who fail to include the issue form with their briefs or petitions, will be mailed a copy of the form by the Clerk's office and are required complete and file the form within 5 working days following the date of filing. Failure to file the form may result in sanctions, including dismissal of the appeal or petition.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. 10750-10, Oct. 22, 1971, eff. Jan. 1, 1972; amd. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993; amd. Sup. Ct. Ord. Feb. 13, 1997, eff. Mar. 21, 1997; amd. Sup. Ct. Ord. June 9, 1998, eff. June 9, 1998; amd. Sup. Ct. Ord. Sept. 1, 1998, eff. Dec. 1, 1998; amd. Sup. Ct. Ord. July 24, 2001, eff. July 24, 2001; amd. Sup. Ct. Ord. Feb. 7, 2002, eff. Mar. 15, 2002; amd. Sup. Ct. Ord. Dec. 17, 2002, eff. Feb. 1, 2003; amd. Sup. Ct. Ord. Mar. 11, 2003, eff. April 1, 2003; amd. Sup. Ct. Ord. Nov. 2, 2005, eff. Jan. 1, 2006.