Rule 17. Acceptance and manner of conducting.
     (a) When accepted. The supreme court is an appellate court but it is empowered by the constitution of Montana to hear and determine such original and remedial writs as may be necessary or proper to the complete exercise of its jurisdiction. The institution of such original proceedings in the supreme court is sometimes justified by circumstances of an emergency nature, as when a cause of action or a right has arisen under conditions making due consideration in the trial courts and due appeal to this court an inadequate remedy, or when supervision of a trial court other than by appeal is deemed necessary or proper.
     (b) How commenced and conducted. Proceedings commenced in the supreme court originally to obtain writs of habeas corpus, injunction, review, mandate, quo warranto, supervisory control, and other remedial writs or orders, shall be commenced and conducted in the manner prescribed by the applicable sections of the Montana Code Annotated for the conduct of such or analogous proceedings and by these additional rules. All papers filed shall conform to the requirements of Rule 27 except that neither the application for writ nor any response thereto shall exceed 7000 words if proportionally spaced or 20 pages if prepared in monospaced typeface or if typewritten.
     (c) Notice to district judge. An application for a writ or order and all further documents relating to a ruling of a district court must be served upon the district judge against whose ruling it is directed. Such application shall, in its title, contain the name of the district judge and the judicial district from which the ruling was issued.
     (d) Applications -- where and when filed. An original application may be made to the supreme court at any time. The moving party's application and all supporting documents shall be filed with the clerk of the supreme court.
     (e) Applications -- what to contain. The application for the issuance of the above writs or orders must set forth, in summary fashion and in addition to the other requisite matters, the particular questions and issues anticipated or expected to be raised in the proceeding and also the fact which renders it necessary and proper that the writ should issue originally from the supreme court; the said matters will be taken into consideration by the court in determining the necessity and propriety of accepting jurisdiction and granting the alternative writ or order to show cause. Each application shall also set forth as exhibits, without repetition of title of court and cause, a copy of each judgment, order, notice, pleading, document proceeding or court minute referred to in the application, or which is necessary to make out a prima facie case or to substantiate the pleading or conclusion or legal effect and shall summarize the authorities for accepting jurisdiction and shall summarize the authorities pertaining to the merits of the particular questions and issues anticipated or expected to be raised. No separate memorandum of law or brief shall be filed with the application. Counsel shall file with the clerk of this court the original court file, unless for some reason the same is not available. In any proceeding regarding the abuse and neglect of a child or for the termination of parental rights under Title 41, Chapter 3, MCA, or in any proceeding under Title 40, Chapter 6 (Uniform Parentage Act); Title 42 (Adoption); Title 52, Chapter 3, part 8 (Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act); Title 53, Chapter 20 (Developmental Disabilities), Chapter 21 (Mentally Ill), and Chapter 24 (Alcoholism and Drug Dependence), only the initials or first names of the child, parent(s) or individual party(ies), as the case may be, may be used.
     (f) Procedure. Upon the filing of the application the court may order that a summary response be filed immediately or, at the court's next conference and on the basis of the application filed, the court may dismiss the application without ordering a response or it may order a summary response to the application at that time. If a summary response is ordered, the court shall consider the application and response at the court's next conference following the filing of the response. Thereafter, the court shall, as promptly as possible, dismiss the application, accept jurisdiction, order more extensive briefing on any issue, matter or question raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. On application and for good cause shown or on its own motion the court may order a stay of further proceedings in an inferior tribunal pending the court's disposition of the application. If a summary response is ordered, such response shall summarize the authorities for rejecting jurisdiction and shall summarize the authorities pertaining to the merits of the particular questions and issues anticipated or expected to be raised. No separate memorandum of law or brief shall be filed with the response.
     (g) Oral argument. When ordered by this court, an adversary hearing on the application shall be held at the time fixed by the order. The oral argument shall be conducted in the same manner as in the argument of appeals, with the same time limits for presentation, and with the applicant opening and closing the argument.
     (h) Briefs. In those cases in which more extensive briefing is ordered, each party shall, unless otherwise ordered, serve and file briefs in full conformance with Rules 20, 23, and 27, and containing a statement of the facts and of the points of law applicable, with the authorities relied upon.
     All briefs shall be served and filed according to the time schedule set forth in the order.
     (i) A signed original and nine copies of all petitions for extraordinary writ or other original proceeding and all response thereto shall be filed.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. 10750-10, Oct. 22, 1971, eff. Jan. 1, 1972; amd. Sup. Ct. Ord., eff. Jan. 1, 1981; amd. Sup. Ct. Ord., eff. Feb. 1, 1992; amd. Sup. Ct. Ord., eff. June 23, 1997; amd. Sup. Ct. Ord. June 14, 1999, eff. Aug. 15, 1999; amd. Sup. Ct. Ord. Feb. 7, 2002, eff. Mar. 15, 2002.