Marriage of Guenthner ( 2023 )

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