Opinion
DA 23-0150
11-14-2023
PAMELA JO POLEJEWSKI, Plaintiff and Appellant, v. CASCADE COUNTY, JOHN and JANE DOE, Defendants and Appellees.
ORDER
Before the Court are two "Motions to Supplement the Pleadings" filed by self-represented Appellant Pamela Jo Polejewski in this appeal. She cites to Rule 15 of the Montana Rules of Civil Procedure and adds that the motions are opposed. M. R. App. P. 16(1). Counsel for the Appellee Cascade County has not filed a response.
Polejewski asserts that "there has been additional new evidence filed that supports [her] case and argument," and requests the supplemental pleadings be included with her briefs that have been filed. Polejewski attaches a copy of her counsel's reply to the State's Preliminary Response to Defendant's Motion to Suppress and Response to Defendant's Motion to Dismiss as well as a copy of her counsel's Motion to Suppress Evidence. Both the reply and the motion to suppress evidence are captioned for Polejewski's underlying criminal case in the Cascade County District Court (Cause No. CDC-20-310) and dated within the last six weeks. Polejewski asserts that an illegal search and seizure occurred, during and after the May 6, 2020 electrical fire on her property in Cascade County.
We note that Polejewski filed the Notice of Appeal for this civil matter on March 3, 2023, and she appeals a February 28, 2023 Order Granting County's Motion for Summary Judgment and a February 28, 2023 Order Denying as Moot Plaintiffs Motion for Stay of Judgment Pending Appeal. Briefing concluded on July 28, 2023, and the case was sent to this Court on that day. This Court issued an Order classifying the matter for a five-Justice panel on September 6, 2023.
The Montana Rules of Appellate Procedure provide details for briefs filed on appeal. This Court will allow a party to file a notice of supplemental authorities, pursuant to M. R. App. P. 12(6). Pursuant to M. R. App. P. 12(10), however, "[m]otions to file over-length and supplemental briefs will not be routinely granted." These motions must include "an affidavit demonstrating extraordinary justification." M. R. App. P. 12(10). We decline to supplement the briefs with other pleadings that may have been filed in the District Court and for a different underlying case. Polejewski's motions to supplement do not provide extraordinary justification or an affidavit. These pleadings are not allowed under this Court's rules and at this juncture, when a decision will be issued in due course. Polejewski retains the remedy of appealing any final judgment in the criminal matter. Therefore, IT IS ORDERED that Polejewski's Motions to Supplement the Pleadings are DENIED.
Polejewski has had civil and criminal appeals with this Court related to the forfeiture of her animals after the May 6, 2020 fire on her property. See Polejewski v. Cascade County, No. DA 21-0555, 2022 Mont. LEXIS 20, Order dismissing appeal because of an interlocutory order on appeal (Jan. 4, 2022); State v. Polejewski, No. DA 21 -0150, 2021 MT 283N, 2021 Mont. LEXIS 887 (Nov. 2, 2021); and State v. Polejewski, No. DA 20-0306, 2020 MT 287N, 2020 Mont. LEXIS 2484 (Nov. 10, 2020).
The Clerk is directed to provide a copy of this Order to counsel of record and to Pamela Jo Polejewski personally.