Stillwater County District Court, Montana Adjournment & Extension Requirements

CRITICAL

An extension beyond the statutory time to prepare a transcript generally requires a prior written request to the Court Reporter, filing and serving a copy of the request, and satisfactory arrangements to pay estimated fees; good cause is an exception.

Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.

CRITICAL

A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit showing the expected evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production.

A. Absence of Witness or Evidence. Pursuant to §25-4-201, MCA, 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 s granted.

WARNING

When the absent evidence would be admissible and the adverse party stipulates it may be considered as given at trial, postponement or continuance is unavailable unless the Court finds that proceeding without it would work an injustice on the moving party.

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

If a jury-trial action is continued within 96 hours of trial, the Court may require the moving party to reimburse the Clerk for the Clerk’s expenditures.

B. Late Continuances. If any action set for a jury trial is continued within 96 hours of the trial date the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.

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 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.