07/07/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0155
DA 23-0155
FILED
MATTHEW RYAN AILER,
JUL 0 7 2023
Ittsvoen Grceenwooci
Petitioner and Appellant. eitIttic r3f Supforne C01.11,
State of Moe-11am,,
v. ORDER
STATE OF MONTANA,
Respondent and Appellee.
Matthew Ryan Ailer moves this Court to strike various portions of the State's
response brief. The State responds that Ailer's motion should be denied.
Ailer puts forth that his opposed motion seeks to strike arguments and "false
assertions" in the filed brief. Citing to the Montana Rules of Professional Conduct, Ailer
alleges misconduct. The State points out that it did not misstate or misrepresent the record
and that Ailer has the opportunity to rebut any assertion in his reply brief.
Ailer's motion is not well taken. Therefore,
IT IS ORDERED that Ailer's Opposed Motion to Strike a Portion of the State's
Arguments that is in Violation of the Montana Rules of Professional Conduct is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Matthew Ryan Ailer personally.
DATED this 1r 6 day of July, 2023.
For the Court,
Chief Justice