Chouteau County District Court, Montana Adjournment & Extension Requirements

CRITICAL

A continuance motion based on an absent witness must detail the expected testimony; if the opponent admits the witness would so testify, the continuance must be denied unless the Court finds manifest injustice may result.

If the application for a continuance is based on the absence of a witness, the testimony expected to be adduced by the witness shall be set forth in detail in the motion. A party opposing the continuance, without admitting the truth of the testimony, may admit the witness would so testify. In such event, the continuance shall be denied, unless in the opinion of the Court, manifest injustice may result.

CRITICAL

A party seeking a continuance after the trial date is fixed must give the adversary five days’ notice and state the grounds, although the notice period may be shortened for good cause.

When, after the day is fixed for the trial of any cause, if either party shall desire a continuance, they shall give their adversary five days’ notice that application will be made therefor, and the grounds thereof. For good cause the time may be shortened.

WARNING

The Court may grant a continuance on its own motion or on a party’s or counsel’s motion if it would not inconvenience the Court’s progress with the trial calendar.

Continuances may be granted on the Court’s own motion or upon motion of counsel or a party, if such a continuance does not inconvenience the Court in the progress of the trial calendar.

WARNING

The Court will not routinely grant continuances, even when counsel stipulate to them.

Continuances, even when stipulated to by counsel, will not be routinely granted.