Mont. Admin. R. 24.5.316 - MOTIONS

(1) The court fixes the deadline for filing a motion to amend a pleading, to dismiss, to quash, for summary judgment, to compel, for a protective order, in limine, or for other relief in a scheduling or other order, unless the court specifies a different time in these rules.

(2) The moving party shall make every motion in writing or on the record.

(a) The moving party shall state within the motion whether any other party opposes it. If the moving party is unable to contact any other party, the moving party shall certify that the moving party attempted to do so.

(b) If the moving party contacts all other parties and none oppose the motion, the moving party need not file any other documents beyond the motion. The court deems the motion ripe for decision and rules.

(c) If a party opposes the motion, or if the moving party is unable to contact any other party, the moving party shall file the motion with a supporting brief. The moving party may include supporting documents and affidavits with the briefs. A party opposing a motion shall file a response brief within the time set forth in ARM 24.5.320. The party may include appropriate documents and affidavits. Within the time set forth in ARM 24.5.320, the moving party may file a reply brief. The court may change these filing deadlines by order.

(3) In addition to the requirements set forth in this rule, a party filing a motion for summary judgment under ARM 24.5.329, as well as a party opposing that motion, shall comply with the requirements of that rule.

(4) The parties may present motions regarding discovery, procedure, and similar pretrial issues informally by phone conference. The court arranges the call and for the participation of all parties. The court may designate a hearing examiner to preside and decide the motion. The court may make an oral decision or direct the moving party to file the motion in writing and all parties to file briefs. The court confirms any oral decision thereafter by written decision.

(5) Notwithstanding anything in this rule, the parties may file or present motions or objections related to evidentiary and other matters arising at trial.

(6) A party seeking the court's leave for an extension of time shall make this request in writing. The requesting party shall state whether any other party opposes it. If the requesting party is unable to contact any other party, the requesting party shall certify that the requesting party attempted to do so. If the requesting party contacts all other parties and none oppose the request, the requesting party may make the request informally by e-mail message. If a party opposes the request, or if the requesting party is unable to contact any other party, the requesting party shall make the request by formal motion. If the court grants an ex parte extension, the requesting party shall immediately advise the party it was initially unable to contact of the new due date. The court does not grant extensions of more than 10 days from the original due date except under extraordinary circumstances. If the filing deadline has passed, the court grants extensions of time only if the requesting party demonstrates good cause.

(7) Unless the court either orders oral argument or enlarges the time, the court deems the motion submitted at the expiration of any of the applicable time limits. If the court orders oral argument, the court deems the motion submitted at the close of argument unless the court orders additional briefs, in which case the court deems the motion submitted at the deadline for filing the final brief.

(8) The court may summarily rule on the motion if any party is required, but fails, to file a brief. The court may deem the moving party's failure to file a brief with the motion an admission that the motion is without merit. The court may deem the opposing party's failure to timely file a response brief an admission that the motion is well-taken. The moving party may file a reply brief. The court does not summarily rule on the motion if the moving party fails to file a reply brief.

Notes

Mont. Admin. R. 24.5.316

NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 921, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 11/21/14; AMD, 2018 MAR p. 305, Eff. 2/10/2018

AUTH: 2-4-201, MCA; IMP: 2-4-201, 39-71-2901, MCA