Montana Supreme Court, 2021

T. Alvarado v. CCA

T. Alvarado v. CCA
Montana Supreme Court · Decided August 18, 2021

T. Alvarado v. CCA

Opinion

fir r,r•R 08/18/2021

Case Number: DA 21-0320 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21-0320

THOMAS ALVARADO, FILED Petitioner and Appellant, AUG 1 8 2021 Bovven CItbnc of Greenwood v. StateSupremo of Court ORDER Montana

CORRECTIONAL CORPORATION OF AMERICA,et al., Defendants and Appellees.

This Court reviews briefs to ensure compliance with Rule 10 of the Montana Rules of Appellate Procedure. After reviewing the Appellant's opening brief filed on August 17, 2021, this Court has deterrnined that the brief does not comply with the Rule and must be resubmitted.

M.R. App. P. 10(2) requires copies of all papers filed to be served on all other parties to the appeal or review. The brief does not identify opposing counsel or indicate that the brief was served on opposing counsel. Appellant must identify opposing counsel, and the brief and all future papers that are filed must be served on opposing counsel.

Appellant's brief did not contain a certificate of service. Therefore, the brief does not comply with M.R. App. P. 10(4). Appellant must serve opposing counsel and provide certification of service, including the identity of opposing counsel and the address at which opposing counsel was served.

M.R. App. P. 10(7)(e)(i) permits this Court to require the redaction of additional information. We require the Appellant's revised brief to remove the full Social Security Number and date of birth of Appellant, currently located on page 12 of the Appellant's brief. Accordingly, IT IS ORDERED that the signed original of the referenced brief be returned for revisions necessary to comply with the specified Rule; IT IS FURTHER ORDERED that a signed original of the revised brief ordered herein be filed within ten (10) days of the date of this Order with the Clerk of this Court and that one copy of the revised brief be served on each counsel of record; IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing ofthe revised brief.

The Clerk of this Court is directed to mail a true copy of this Order to Appellant and to mail a true copy ofthis Order to all counsel upon whom the brief was served.

DATED this 18th day of August, 2021.

For the Court,

Justice

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