IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0450

_________________

IN THE MATTER OF THE GUARDIANSHIP 

OF:

S.C.J.,

 A Protected Person.

O R D E R

_________________

Appellant filed her opening brief in this case on December 10, 2020. This Court 

reviews briefs to make sure they comply with the Court’s Rules of Appellate Procedure. 

After reviewing the opening brief, this Court has determined that the brief does not 

comply with the Rules and must be corrected and resubmitted. 

Montana Rule of Appellate Procedure 10(6) requires the use of initials for parties 

in guardianship proceedings. As shown above, the caption of the case identifies the 

Appellant by her initials only. Appellant should revise her brief to be sure that every 

mention of her name is replaced with her initials, “S.C.J.” The Appellant should also edit 

her brief to replace the names of her guardians, who are also parties to the case, with their 

initials, “S.J.” and “T.J.” The Appellant should also use only her initials to sign the brief, 

certificate of compliance, and certificate of service. 

As a court of appeals, the Montana Supreme Court decides cases on the basis of 

facts that were presented to the District Court. Montana Rule of Appellate Procedure

12(1)(d) states that an appellate brief must contain “the facts relevant to the issues 

presented for review, with references to the pages or the parts of the record at which 

material facts appear.” Appellant S.C.J.’s brief includes facts supporting her argument, 

but the factual statements do not contain any references to documents in the court file or 

the transcript of the hearing held before Judge Berger on August 5, 2020. Appellant 

should edit her brief so that its references to the facts are supported by something said 

during that hearing or filed with the district court. Appellant can refer to the transcript by

12/11/2020

Case Number: DA 20-0450
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putting in parentheses the page and line number(s) where the facts appear in the hearing 

transcript. Her brief may not include facts or information that were not part of the court 

file or the hearing before Judge Berger.

IT IS THEREFORE ORDERED that the signed original and nine copies of the 

referenced brief be returned for revisions necessary to comply with the specified Rules;

IT IS FURTHER ORDERED that Appellant S.C.J. must revise the brief as 

directed in this order and file a new signed original and nine copies of the revised brief 

filed within ten (10) days of the date of this Order with the Clerk of this Court. She also 

must serve a copy of the revised brief on the other parties to the case;

IT IS FURTHER ORDERED that the postage costs for returning the referenced

copies of Appellant’s brief will be billed to the Appellant by the Clerk of this Court and 

shall be due and payable upon receipt; and

IT IS FURTHER ORDERED that the times for any subsequent briefing contained 

in Montana Rule of Appellate Procedure 13 shall run from the date of filing of the revised 

brief.

The Clerk of this Court is directed to mail a true copy of this Order to Appellant

S.C.J. and to mail a true copy of this Order to all parties upon whom the brief was served. 

Electronically signed by:

Beth Baker

Justice, Montana Supreme Court

December 11 2020