ORIGINAL 03/06/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0347
DA 22-0347
FILED
STATE OF MONTANA, MAR 0 6 2023
Bowen Greenwood
Clerk of Supreme Court
State c)f IVInntane
Plaintiff and Appellee,
v. ORDER
MATTHEW RYAN AMER,
Defendant and Appellant.
Self-represented Appellant Matthew Ryan Ailer moves this Court to supplement the
record with "the Brady and exculpatory evidence" in his appeal. The State of Montana
responds in opposition, requesting denial of his motion.
Ailer again seeks to circumvent this Court's rules concerning the composition of the
record. In an August 25, 2022 Order, we noted that this Court received the District Court
record with the filed documents and four, three-ring binders of potential exhibits.
M. R. App. P. 8(1), 9(1). On January 17, 2023, we granted his motion to file an over-length
brief of no more than 12,500 words. Now, Ailer clearly seeks to introduce documents
outside of the record. His motion to supplement and expand the record is improper.
M. R. App. P. 8(1).
Ailer has been granted six motions for extensions of time. His opening brief is
currently due on March 9, 2023. We caution Ailer that if he files another similar motion
concerning supplementation of the record or fails to file a brief by March 31, 2023, this
Court sua sponte will impose the sanction of dismissal of this appeal with prejudice and
without further notice. M. R. App. P. 19(5). Given the foregoing, therefore,
IT IS ORDERED that Ailer's Opposed Motion to Supplement the Record with the
Brady and Exculpatory Evidence is DENIED.
IT IS FURTHER ORDERED that Ailer shall FILE his opening brief on or before
Friday, March 31, 2023.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Mathew Ryan Ailer personally.
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DATED this ,L.,1\—•
'day of March, 2023.
For the Court,
Ch ief Justice
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