August 6, 2013
TABITHA N. OLSON, Petitioner and Appellee,
LEWIS PRICE III, Respondent and Appellant.
Appellant Lewis Price III contends in this appeal that the Red Lodge City Court issued a Permanent Order of Protection without compliance with the requirements of § 40-15-202(1), MCA, and that the District Court erroneously denied his appeal from that order as untimely. On the same date that he filed his opening brief on appeal, Price filed a motion with this Court to compel production of affidavits from two attorneys he claims represented Tabitha N. Olson before or after she secured an order of protection against him.
Price seeks disclosure from the two attorneys of "all of their knowledge of any Order Of Protection that is alleged to have been implemented against" him. Price claims that the sworn statements of these two attorneys are necessary since he has never attended a hearing or been served with a valid order.
With respect to an appeal from a city court of record, the appeal is "confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority." Section 3-11-110(1), MCA. As an appellate court, this Court cannot accept new evidence from the parties, but must limit its review to the evidence before the court from which appeal is taken. Price already has filed his opening brief and the trial court record has been submitted. The case will proceed in accordance with the Montana Rules of Appellate Procedure. Therefore,
IT IS ORDERED that the Motion to Compel Affidavit is DENIED.
The Clerk is directed to provide a copy hereof to counsel of record and to Lewis Price, III.