Liberty County District Court, Montana Adjournment & Extension Requirements

CRITICAL

A party seeking a continuance after the trial date is fixed must give five days’ notice stating the grounds, though 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.

CRITICAL

The Defendant must comply with disclosure deadlines under § 46-15-323, MCA, or seek an extension as allowed by that statute.

Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder.

WARNING

An opposing party may admit that the absent witness would give the expected testimony without admitting its truth; if so, the continuance must be denied unless the Court believes manifest injustice may result.

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.

WARNING

The Court may grant a continuance on its own motion or on a party’s or counsel’s motion if it does not inconvenience the trial calendar, but stipulated continuances are not routinely granted.

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.