10/19/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 21-0141
DA 21-0141
SAMANTHA VULLES, SHERI ESTENSON, et al.,
Plaintiffs and Appellants,
v.
ORDER
THIES & TALLE MANAGEMENT, INC.,
THIES & TALLE ENTERPRISES, INC.,
ALMANOR INVESTORS LIMITED
PARTNERSHIP and JOHN DOES 1-4,
FILED
OCT 1 9 2021
Defendants and Appellees. Bowen Cirtenwoocl
Clerk of Supreme Court
State of Montana
Appellees have filed a motion to strike the affidavit of Patience Woodill and related
exhibits attached to Appellants' reply brief filed on September 29, 2021. Appellees support
their motion by arguing that Appellants cannot introduce new evidence to supplement the
record for the first time on appeal. They further contend that the affidavit is inadmissible
hearsay under M. R. Evid. 801 and 802.
Appellants oppose the motion and respond that Appellees accused them of
- forurn-shopping" in their response brief; therefore, Woodill's affidavit and related
exhibits are the "only course of action to refute those unsubstantiated claims."
We conclude it is appropriate to take the motion to strike under advisement and
consider it in conjunction with consideration of the merits of the appeal. Therefore,
IT IS ORDERED that the motion to strike the affidavit of Patience Woodill and
related exhibits, attached to Appellants' reply brief, as well as all references thereto, is
TAKEN UNDER ADVISEMENT.
The Clerk of the Supreme Court is directed to send a copy of this Order to counsel
of record.
DATED this aay of October, 2021.
ChiefJustice
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Justices