Montana Code Annotated 2005

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     Rule 27. Form of briefs and other papers -- duplication.
     (a) Form of briefs, appendices, petitions, including petitions for writs, motions and other papers. Briefs, appendices, petitions, motions and other papers shall be produced by any standard printing, word processing, typewritten, or equivalent process capable of producing a clear black image on paper. Such paper shall be standard quality, opaque, unglazed, acid-free, recycled paper, 25% cotton fiber content, with a minimum of 50% recycled content, of which 10% shall be post-consumer waste 8 1/2 X 11 inches in size.
     (b) Typeface and text style. Either a proportionately spaced typeface of 14 points or more, or a monospaced typeface of no more than 10.5 characters per inch may be used in a brief, appendix, petition, motion, or other paper. A proportionately spaced typeface has characters with different widths. A monospaced typeface has characters with the same advanced width. The brief's covers and the components of the brief excluded from the word count computation are exempt from the 14 point typeface requirement. Text shall be in roman, non-script text. Case names, headings and signals may be underlined or in italics or in bold.
     (c) Paper size, margins and line spacing. All of the foregoing papers shall have pages not exceeding 8 1/2 by 11 inches with margins on the right side and left side and on the top and bottom not less than 1 inch wide, provided, however, that papers from the proceeding below (pleadings, findings of fact and conclusions of law, judgments, exhibits and other like papers) may be (1) reproduced in their original form, size and print even though the papers exceed the foregoing size limitations, or (2) reproduced in their original form, but in a reduced size and print on pages not exceeding 8 1/2 by 11 inches even though the print thereon is less than the foregoing size limitations, provided that the print is legible. Papers produced by typewriter or an equivalent process shall be double spaced except that footnotes and quoted and indented material may be single spaced. Pages shall be bound or attached on the left margin and numbered.
     (d) Calculations and length.
     (i) Proportionately spaced briefs. A principal brief shall not exceed 10,000 words and a reply brief, amicus brief or petition for rehearing must not exceed 5,000 words. No brief or petition may have an average of more than 280 words per page, including footnotes and quotations.
     (ii) Monotype or typewritten briefs or petitions. A principal brief prepared in a monospaced typeface shall not exceed 30 pages and a reply brief, amicus brief or petition for rehearing shall not exceed 14 pages. Petitions filed under Rule 17(b) shall not exceed 5,000 words or 14 pages.
     (iii) Exclusions. The words and page limits under subsection (i) and (ii) above do not include table of contents, table of citations, certificate of service, certificate of compliance, and any addendum containing statutes, rules, regulations, etc.
     (iv) Certificate of compliance. The brief, petition, or motion must be accompanied by a certification of compliance which states the document's line spacing and states either: (1) the document is proportionately spaced, together with the typeface, point size and word count; or (2) the document uses a monospaced typeface, together with the number of characters per inch, and word count, or, the number of counted pages, pursuant to (d)(ii) above.
     A party preparing this certificate may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document's length.
     (e) Duplication. All requirements of duplication may be satisfied by the use of any photocopy method capable of producing a clear black image on paper, but not including ordinary carbon copy, provided, that in each instance the duplication shall conform to the requirements of this rule. All papers and attachments thereto must be legible.
     (f) First page and cover. The cover of the brief of the appellant shall be blue; the cover of the brief of the party filing the opening brief in a case involving a question certified to the supreme court pursuant to Rule 44 shall be yellow; that of the respondent, red; that of an intervenor or amicus curiae, green; that of any reply brief, gray. For recycling purposes, pastel blue, red, green and gray are encouraged; bright, neon, or deep tones of blue, red, green and gray, as well as stiff, waxy or slick surfaced covers or covers containing wood fiber are to be avoided. The cover of the appendix, if separately printed, shall be white. Where a transparent cover is utilized, the underlying sheet must nevertheless conform to these color requirements. On the first page and cover of all papers must be stated the title of this court, the title of the case as in the court below, adding to the words "Plaintiff" and "Defendant," the words "Appellant" and "Respondent" as the case may require, the names of counsel for appellant and respondent, the title of the papers, as "Appellant's Brief," "Appendix to Appellant's Brief," etc., and the venue from which the appeal is taken.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987; amd. Sup. Ct. Ord. Mar. 25, 1993; amd. Sup. Ct. Ord. April 5, 1994; amd. Sup. Ct. Ord. Mar. 11, 1996, eff. May 1, 1996; amd. Sup. Ct. Ord. Feb. 13, 1997, eff. Mar. 21, 1997; amd. Sup. Ct. Ord. Nov. 4, 1997, eff. Nov. 4, 1997; amd. Sup. Ct. Ord. June 14, 1999, eff. Aug. 15, 1999; amd. Sup. Ct. Ord. July 24, 2001, eff. July 24, 2001; amd. Sup. Ct. Ord. Nov. 13, 2003, eff. Jan. 1, 2004.

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