Rule 2. Parties - amicus curiae - captions. - Montana Statutes

     Rule 2. Parties - amicus curiae - captions.
     (1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court:
     (a) Appellant: The party who appeals from and usually seeks reversal of a decision in the district court. A party who files a cross-appeal shall be referred to as a cross-appellant.
     (b) Appellee: The party who usually responds to the appeal, seeking affirmance of the district court. A party who responds to a cross-appeal shall be referred to as a cross-appellee.
     (c) Petitioner: A party who seeks relief by way of an original proceeding or a petition for an extraordinary writ.
     (d) Respondent: The party against whom a petition is filed.
     (e) Relator: The real party in interest in whose name the government brings an action or proceeding before this court.
     (f) Intervenor: One who, because of an asserted interest in the outcome, has voluntarily entered into an action or who, on motion, is granted leave to enter a proceeding before this court, despite not being named originally as a party.
     (2) Amicus Curiae: One who is not a party, but who, upon invitation or leave of the supreme court granted on motion, files a brief in a pending proceeding because of a strong interest in the subject matter.
     (3) Counsel - parties not represented by counsel. When these rules require an act by or upon a party, the act shall be performed by or upon counsel for the party or by or upon a party not represented by counsel.
     (4) Captions. On motion of a party, or on the court's own motion, the caption of a pending cause may be modified to more accurately reflect the actual alignment or status of a party. Upon entry of an order correcting the caption, the cause shall proceed under that caption thereafter.

     History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007.