Fergus County District Court, Montana Adjournment & Extension Requirements

CRITICAL

Ex parte requests to continue a matter set by court order for Law and Motion must comply with MUDCR 3.

Ex parte requests to continue any matter set by Court order for Law and Motion, must comply with MUDCR 3.

CRITICAL

A motion to extend a deadline must state opposing counsel's position on the request.

Motions to extend deadlines must include a statement regarding opposing counsel's position on the request.

CRITICAL

A continuance may be granted only by motion and only if it does not inconvenience the Court’s trial calendar.

Continuances are granted by motion only, if such continuance does not inconvenience the court in the progress of the trial calendar.

CRITICAL

A trial continuance must be requested by written motion stating specific reasons and whether the other parties oppose it; the Court retains discretion to grant or deny the request.

Requests to continue trial must be by written motion setting forth specific reasons and a statement indicating whether the other parties oppose the continuance. The Court reserves discretion whether to grant or deny the request.

CRITICAL

A motion to reset a hearing or trial must state dates of availability and/or the requested length of the continuance.

All motions to reset a hearing or trial must include information regarding dates of availability and/or the length of continuance requested (i.e. 45-60 days) in order to avoid multiple continuances.

WARNING

The Court may refuse to vacate a trial setting because of a plea agreement until the defendant has appeared and entered a plea the Court finds acceptable.

Effect on Trial Setting. 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

The parties should be prepared for continuances resulting from statutory priority.

Therefore, the parties in all matters should be prepared for continuances attributable to statutory priority.

WARNING

Continuances, including stipulated continuances, are not routinely granted, and parties are discouraged from seeking them absent extraordinary circumstances and good cause; requests not filed at least one day before the hearing must be made verbally at the scheduled hearing time.

Continuances of any nature, even when stipulated to by counsel, will not routinely be granted and the parties are discouraged, absent extraordinary circumstances and good cause shown, from seeking a continuance. Requests for continuance which are not filed at least one day prior to the hearing must be made verbally at the scheduled time for the hearing.

WARNING

If another trial preempts a trial setting, the Court will reset the trial and, whenever possible, schedule it within the next 30 days.

If preempted by another trial, the Court will reset the trial; and whenever possible reset for a trial setting within the next thirty (30) days.