Petroleum County District Court, Montana Adjournment & Extension Requirements

CRITICAL

A motion to reset a hearing or trial must state available dates 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.

CRITICAL

Requests to extend deadlines must state opposing counsel's position and propose new deadlines.

Motions to extend deadlines must include a statement regarding opposing counsel's position on the request. The request must be accompanied by a proposed order containing proposed new deadlines.

CRITICAL

A continuance may be granted only by motion and only if it does not inconvenience the Court in the progress of the trial calendar.

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

CRITICAL

Hearings will proceed as scheduled even if motions are pending or alternative dispute resolution is underway.

All hearings will proceed as scheduled regardless of whether motions are pending or alternative dispute resolution is being pursued.

CRITICAL

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

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 continuance request not filed at least one day before the hearing must be made verbally at the scheduled hearing time.

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.

CRITICAL

Ex parte requests to continue a Law and Motion matter set by court order 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.

WARNING

Continuances, including stipulated continuances, are not routinely granted, and parties are discouraged from seeking them absent extraordinary circumstances and good cause.

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.

INFO

The Court may continue a Law and Motion matter on its own initiative.

Matters scheduled for Law and Motion may be continued by the Court on its own initiative.