Hill County District Court, Montana Adjournment & Extension Requirements

A party seeking a continuance after the trial date is fixed must give five days’ notice and state the grounds, although good cause may shorten notice; continuances are not routinely granted, must not inconvenience the Court, and a motion based on an absent witness must detail the expected testimony, subject to denial if the opposing party admits the witness would so testify unless manifest injustice may result.

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