Marriage of Guenthner

Opinion

ORIGINAL 02/07/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0584 DA 22-0584 FILED IN RE THE MARRIAGE OF: FEB 0 7 V23 Bowen C.:.,ruenwood Court C:-fx of Supreme LORI DELOIS GUENTHNER, .;tate hAnntane

Petitioner and Appellee, ORDER and

NEAL WAYNE GUENTHNER,

Respondent and Appellant.

Through counsel, Lori Delois Guenthner (Lori) moves this Court to strike the exhibits filed by self-represented Appellant Neal Wayne Guenthner (Neal) with his reply brief. Neal has not filed a response to the motion before it was sent to this Court. Lori explains that Neal included "six pages of attachtnents, appearing to comprise five exhibits." Lori posits that the six pages were not part of the District Court record on appeal and were never introduced as exhibits at any hearing. She puts forth that "this Court may not rely on facts outside of the record in resolving an issue before it." Havre Daily News, LLC v. City of Havre, 2006 MT 215, 1125, 333 Mont. 331, 142 P.3d 864. Last month, this matter was sent to this Court for classification. Following classification, Lori's objection will be considered. Therefore, IT IS ORDERED that Lori's Motion to Strike Neal's Introduction of Documents Not Within the District Court Record is TAKEN UNDER ADVISEMENT. The Clerk is directed to provide a copy of this Order to counsel of record and to Neal Wayne Guenthner personally. DATED this 7 .6 day of February, 2023. For the Court,

Chief Justice