Phillips County District Court, Montana Adjournment & Extension Requirements

CRITICAL

An ex parte request to continue a law and motion matter set by court order must comply with Rule 3, UDCR.

Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, UDCR.

CRITICAL

A request to continue trial must be made by written motion stating specific reasons and whether other parties oppose it.

Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance.

CRITICAL

Discovery deadlines must be followed; an extension requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position.

Discovery deadlines are to be followed. Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request.

CRITICAL

A motion to postpone trial because of an absent witness or evidence must include an affidavit showing it cannot otherwise be obtained and will be available if postponement is granted.

Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.

CRITICAL

An order of temporary investigative authority and protective services may not extend beyond 180 days unless an extension request is granted.

An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted.

WARNING

The Court may refuse to vacate a trial setting because of a plea agreement until the defendant appears and enters a plea acceptable to the Court.

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 defendant must comply with the 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.

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.