IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0600

_________________

SALVATRICE MUSCLE,

 Plaintiff and Appellant,

 v.

ANTONIO SANTIN, M.D.,

 Defendant and Appellee.

O R D E R

_________________

This Court reviews briefs to ensure compliance with the Montana Rules of 

Appellate Procedure. After reviewing the Appellant’s opening brief filed electronically

on January 19, 2023, this Court has determined that the brief does not comply with the

below-referenced Rules and must be resubmitted. 

M. R. App. P. 2(4) requires the caption of an appeal to “list the parties in the same 

order as the caption used in the district court, with the addition of the designations 

‘appellant’ and ‘appellee’ as appropriate.” M. R. App. P. 11(6)(b)(iii) requires the correct 

caption to be used on the cover page of the brief. The Appellant’s opening brief has 

modified the caption from that used in the district court.

M. R. App. P. 12(1)(d) requires a “statement of 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[.]” The Appellant’s statement of facts contains numerous citations 

to the trial transcript without giving a page number as to where in the transcript those 

facts may be located.

M. R. App. P. 12(1)(i) requires the Appellant’s opening brief to contain an 

“appendix that includes the relevant judgment, order(s), findings of fact, conclusions of 

law, jury instruction(s), ruling(s), or decision(s) from which the appeal is taken together 

with any written memorandum or rationale of the court, and those pages of the transcript 

containing any oral ruling in support.” The Appellant’s opening brief, which is appealing 

from several orders of the district court and a jury verdict, contains no appendix.

01/20/2023

Case Number: DA 22-0600
Finally, the Appellant’s opening brief is also premature, because under M. R. App. 

P. 13(1), an appellant shall file the opening brief “within 30 days after the date on which 

the record is filed.” Pursuant to M. R. App. P. 8(1), “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 shall constitute the record on 

appeal in all cases.” Under M. R. App. P. 9, the record is deemed transmitted once the 

District Court record and any necessary transcripts are filed with the Clerk of this Court. 

Because no transcripts have yet been filed in this case, the time for briefing has not yet 

begun.

Therefore,

IT IS ORDERED that the referenced brief is rejected. 

IT IS FURTHER ORDERED that the Appellant shall electronically file with the 

Clerk of this Court a revised brief containing the revisions necessary to comply with the

specified Rules within thirty (30) days after the date on which the complete record is filed

and that the Appellant shall serve copies of the revised brief on all parties 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 of the revised brief.

The Clerk is directed to provide a true copy of this Order to the Appellant and to 

all parties of record. 

Electronically signed by:

Ingrid Gustafson

Justice, Montana Supreme Court

January 20 2023