Park County District Court, Montana Adjournment & Extension Requirements

CRITICAL

A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit addressing materiality, diligent efforts to secure it, and reasonable grounds for later production; if the adverse party stipulates to treating admissible evidence as given, postponement is allowed only if the Court finds proceeding without it would work an injustice.

Pursuant to §25-4-501 M.C.A., 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 is 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.

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.