IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 24-0062

_________________

IN RE THE PARENTING OF E.C.F. AND E.H.F.

ELIZABETH FARNHAM,

 Petitioner and Appellee, 

 v.

ERIK FARNHAM,

 Respondent and Appellant.

O R D E R

_________________

Appellee Erik Farnham, via counsel, has moved for an extension of time to file his 

Opening Brief in this matter, pursuant to M. R. App. P. 26(1). He alleges he requires more 

time to file his brief because he has not yet received a transcript of the District Court 

proceedings. He further asserts that Appellee Elizabeth Farnham does not object to his 

motion for extension.

Under M. R. App. P. 13(1), an appellant shall serve and file the opening brief within 

30 days after the date on which the record is filed. M. R. App. P. 8(1) provides that the 

composition of the record on appeal consists of “the original papers and exhibits filed in 

the district court, the transcript of proceedings, if any, and a certified copy of the docket 

entries prepared by the clerk of the district court[.]”

In this case, Farnham filed the Notice of Appeal (NOA) on February 1, 2024. 

Within the NOA, he indicated that he had ordered all necessary transcripts from the court 

reporter contemporaneously with the filing of the NOA. 

On March 12, 2024, the District Court transmitted the original papers and exhibits 

and a certified copy of the docket entries. On that same date, the Clerk of the Supreme 

Court sent a Notice of Filing to the parties, advising them that the Clerk had received and 

filed the District Court record, noting, “As received the record consists of DC 

05/10/2024

Case Number: DA 24-0062
2

Record/Exhibits Filed for Cause DR 32-17-0712 electronic documents consisting of 1-192, 

exhibits, sealed documents and Case Register.” The Clerk further advised the parties, 

“NOTE: If the above-described record constitutes the complete record on appeal, the 

Appellant’s opening brief is due 30 days from March 12, 2024.” To date, no further 

portions of the record, including transcripts, have been filed.

Because the record on appeal is not yet complete, the time for submission of 

Appellant’s Opening Brief has not begun to run under M. R. App. P. 13(1). However, M. 

R. App. P. 9(1) provides that the record on appeal, including any transcripts, shall be 

submitted to this Court within 40 days after the filing of the NOA. In this case, the 

transcripts were due on March 12, 2024. Under M. R. App. P. 9(4), Appellant had the duty 

to move for an extension of time, in the manner prescribed by that Rule, for the transcripts. 

Appellant has failed to do so. Thus, although the time for has not begun to run, Appellant

must nonetheless comply with the Appellate Rules and seek any necessary extensions of 

time for transmittal of the record on appeal.

IT IS THEREFORE ORDERED that the motion for extension of time is DENIED. 

IT IS FURTHER ORDERED that Appellant Erik Farnham shall move for extension 

of time to file transcripts within five days of the date of this Order. 

The Clerk shall serve a copy of this Order upon all parties of record, the District 

Court, and the court reporter.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 10 2024