ORIGINAL 05/13/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 22-0256
OP 22-0256
JAY SPILLERS,
Petitioner, MAY 13 2022
Bowen C .3movood
Court
Clerk of Supreme
v. State of Montana
ORDER
MONTANA THIRD JUDICIAL DISTRICT
COURT, ANACONDA-DEER LODGE
COUNTY, THE HONORABLE RAY J.
DAYTON, PRESIDING JUDGE,
Respondent.
Petitioner Jay Spillers, via counsel, seeks a writ of supervisory control over the
Third Judicial District Court, Anaconda-Deer Lodge County, to reverse its March 3, 2022
Order Granting Motion to Amend Answer in its Cause No. DV-17-74. Petitioner alleges
that the District Court Order erroneously granted an untimely request from the Defendant
in the underlying case to amend its answer and add an affirmative defense nearly four years
after the deadline the court set in its Scheduling Order. Petitioner asserts that this matter
is set for trial on May 31, 2022, and that the Defendant has provided no justification for its
failure to plead this affirmative defense sooner.
Having reviewed the Petition and the challenged Order, this Court
deems it appropriate to obtain a summary response. In light of the May 31, 2022 trial date,
we conclude it is appropriate to order this matter be considered on an expedited basis.
Therefore, in accordance with M. R. App. P. 14(7),
IT IS ORDERED that the Montana Department of Public Health and Human
Services, Defendant in DV-17-74, and the Third Judicial District Court are each granted
until noon on Monday, May 23, 2022, to prepare, file, and serve responses to the petition
for writ of supervisory control.
The Clerk is directed to provide immediate notice of this Order to all counsel
of record in the Third Judicial District Court, Anaconda-Deer Lodge County, Cause
No. DV-17-74, and the Honorable Ray J. Dayton, presiding.
DATED this 13th day of May, 2022.
For the Court,
By
Justice
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