S. \
July 12 2011 JACKSON, MURDO, GRANT, P.C. ATTORNEYS AT LAW
JOHN H. GRANT 203 NORTH EWING STREET DAVID L JACKSON HELENA, MONTANA 59601-4298 ROBERT M. MURDO Telephone: (406) 442-1300 Kathryn Connors SCOTT M. SVEE FAX: (406) 443-7033 Certified Legal Assistant Office Administrator
Telephone extension: 101 e-mail address: [email protected]
June 28, 2011
The Honorable Mike McGrath Chief Justice Montana Supreme Court P 0 Box 203001 Helena, MT 59620-3001
Re: Uniform District Court Rules Commission - Proposed Rule 2 Changes
Dear Chief Justice McGrath:
This letter will respond to the May 11, 2011, letter from Christine Wethern seeking comment on the CompuLaw letter of March 23, 2011.
The commission has met and recommends the following changes to Uniform District Court Rule 2.
Present UDC Rule 2(a)
Upon filing a motion or within five days thereafter, the moving party shall file a brief. The brief may be accompanied by appropriate supporting documents. Within ten days thereafter the adverse party shall file an answer brief which also may be accompanied by appropriate supporting documents. Within ten days thereafter, movant may file a reply brief or other appropriate responsive documents.
Proposed UDC Rule 2(a)
Upon filing a motion or within five days thereafter, the moving party shall file a brief. The brief may be accompanied by appropriate supporting documents. Within ten days after service of the movant's brief, the opposing party shall file an answer brief which also may be accompanied by appropriate supporting documents. Within ten days after service of the opposing party's answer brief, the movant may file a reply brief or other appropriate responsive documents. The Honorable Mike McGrath June 28, 2011 Page 2
Present UDC Rule 2(e)
In the event of conflict, the Montana Rules of Civil Procedure shall control. Time computation shall be governed by Rule 6(a), M.R.Civ.P.
Proposed UDC Rule 2(e)
In the event of conflict, the Montana Rules of Civil Procedure shall control. Time computation shall be governed by Rule 6, M.R.Civ.P.
We also note that the version of the UDCR in the Montana Code Annotated is different from the version in the Montana State Bar Deskbook and the West Publishing version. It is not clear to us why there would be different versions being published. If the recommended changes are made to this rule, we respectfully request that the changes be sent to the code commissioner for inclusion the MCA.
Please contact me if you have any questions about this matter.
Very truly yours,
JACKSON, MURDO & GRANT, P. C.
DISTRICT COURT RULES 015\RULE 2 - 2011 CHANGES\LEVFER TO CHIEF JUSTICE 6-28-