(a) Special Briefing Schedule. Unless the defendant files a motion to
dismiss, the clerk will issue a briefing schedule when the administrative record is
filed. The clerk will set specific due dates based on the following schedule:
(1) The plaintiff’s opening brief must be filed within 60 days after filing
of the administrative record. Failure to timely file the brief may result
in summary dismissal of the case.
(2) The defendant’s response brief must be filed within 30 days after the
plaintiff’s brief is filed;
(3) The plaintiff’s reply brief, if any, must be filed within 14 days after
the defendant’s brief is filed and may contain no more than 3250
words.
(b) Briefs. Principal briefs must contain:
(1) a statement of the issues presented for review;
(2) a concise statement of the case setting out the facts relevant to the
issues submitted for review, describing the relevant procedural
history, and identifying the rulings presented for review, with
appropriate references to the record;
(3) the party’s contentions and the reasons for them, with citations to the
authorities and parts of the record on which the party relies;
(4) a short conclusion stating the precise relief sought; and
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D.Mont L.R. 78.1 Submission on Briefs
(5) no more than 6250 words.
