Big Horn County District Court, Montana Adjournment & Extension Requirements

CRITICAL

An extension must be approved by the Court before the deadline, and the party seeking it must notify each party; otherwise, a late brief may be disregarded or counsel sanctioned.

Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court’s disregarding the brief and/or subject counsel to an appropriate sanction.

CRITICAL

Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.

Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.

CRITICAL

More time for the Clerk to receive the signed original requires an order of the Court extending the deadline.

Unless an order of court is obtained extending the time, failure of the clerk to receive the signed original within five (5) working days shall cause the facsimiled document to be stricken and it shall be of no force or effect whatsoever.

CRITICAL

A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit addressing the expected evidence’s nature and materiality, diligent efforts to secure it, and reasonable grounds for its production.

A. Absence of Witness or Evidence. Pursuant to §25-4-201, MCA, a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance s granted.

WARNING

If the evidence would be admissible and the adverse party stipulates it may be considered as given at trial, postponement or continuance is unavailable unless the Court finds that proceeding without it would work an injustice on the moving party.

If the testimony or the evidence would be admissible upon the trial and the adverse party stipulates that it shall be considered as actually given on the trial, there shall be no postponement or continuance unless, in the opinion of the Court, a trial without the witness or evidence would work an injustice on the moving party.

WARNING

The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party’s written motion, with prior notice to all parties.

Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with prior notice to all parties.

WARNING

The Court may refuse to vacate a trial setting based on a plea agreement until the defendant appears and enters a plea the Court finds acceptable.

E. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court.

WARNING

When a jury trial is continued within 96 hours of its trial date, the Court may require the moving party to reimburse the Clerk for incurred expenditures.

B. Late Continuances. If any action set for a jury trial is continued within 96 hours of the trial date the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.