March 4, 2014
STATE OF MONTANA, Plaintiff and Appellee,
DOUGLAS JOSEPH CHYATTE, Defendant and Appellant.
The State of Montana has moved to strike Exhibits 7, 8, and 9 to the opening brief filed by Appellant Douglas Joseph Chyatte because they were not filed in the district court and are outside the record on appeal. The State represents that Chyatte opposes the motion to strike, but Chyatte's counsel did not file any written objections.
Because briefing has not yet been completed in this appeal, the Court has not yet undertaken review of the record. We will do so in due course of considering the appeal.
Therefore, IT IS ORDERED that the motion to strike Exhibits 7, 8, and 9 to the Appellant's opening brief is TAKEN UNDER ADVISEMENT.
The Clerk is directed to provide copies of this order to all counsel of record.