Carbon County District Court, Montana Adjournment & Extension Requirements

CRITICAL

A motion to postpone or continue trial because of absent evidence or a witness must include an affidavit showing the evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production; if the evidence is admissible and the adverse party stipulates it may be treated as given, postponement is unavailable unless the Court finds that proceeding would work an injustice.

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. 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.

CRITICAL

To extend a brief deadline, obtain Court approval before the due date and provide notice to 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.

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

If a jury-trial action is continued within 96 hours of trial, the Court may require the moving party to reimburse the Clerk for expenditures incurred.

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.