Mont. Admin. R. 24.5.329 - SUMMARY JUDGMENT
(1) Pursuant to any
deadlines set by the court under ARM
24.5.316(1), a
party may move for a summary judgment in the party's favor upon all or any part
of a claim or defense.
(a) The court may
decline to consider individual summary judgment motions if it concludes that it
may resolve the issues as expeditiously by trial as by motion. The court may
decline to consider a summary judgment motion that does not comply with ARM
24.5.329 or other applicable rules.
(b) If upon the filing of a motion for
summary judgment, the party against whom the motion is directed believes that
summary judgment is inappropriate for the reasons set forth in (1) (a) above,
that party shall immediately notify the court and arrange for a phone
conference between the court and counsel. The court determines after the
conference whether further briefing and proceedings are appropriate.
(2) Subject to the other
provisions of this rule, the court renders summary judgment forthwith if the
pleadings, depositions, answers to interrogatories, and responses to requests
for production, together with the affidavits, if any, show that no genuine
issue exists as to any material fact and that the moving party is entitled to a
judgment as a matter of law.
(3) A
party filing a motion under this rule shall set forth in its brief a statement
of uncontroverted facts. The party shall set forth the specific facts upon
which it relies in serial fashion and not in narrative form, and refer to a
specific pleading, affidavit, or other document where it found each fact. The
party shall authenticate all attached exhibits. If the movant and the party
opposing the motion agree that no genuine issue of any material fact exists,
they may jointly file a statement of stipulated facts with the court.
(4) A party opposing a motion filed under
this rule shall set forth in its brief any specific issues of material fact
that it believes preclude summary judgment in favor of the moving party. The
party shall set forth the specific facts upon which it relies in serial fashion
and not in narrative form, and refer to a specific pleading, affidavit, or
other document where it found each fact. The court deems all properly supported
facts asserted by the movant to be uncontroverted for the purposes of the
summary judgment motion unless specifically and properly controverted by the
opposing party. If the party opposing the motion includes additional facts in
its brief, it shall set forth those facts in serial fashion and not in
narrative form, and refer to a specific pleading, affidavit, or other document
where it found each fact. The party shall authenticate all attached exhibits.
(5) If either party desires a
hearing on the motion, the party shall make the request in writing within the
time set forth in ARM
24.5.320. The court may thereupon
set a time and place for hearing. If no party requests a hearing, the parties
waive any right to a hearing given by these rules. The court may order a
hearing on its own motion.
(6) If
on motion under this rule the court does not render judgment upon the whole
case or for all the relief requested and deems a trial necessary, the court may
on its own motion ascertain what material facts exist without substantial
controversy and what material facts are in good faith controverted. The court
then makes an order specifying the facts that appear without substantial
controversy and directs further proceedings in the action as are just. Upon the
trial of the action, the court deems the facts so specified established and
conducts the trial accordingly.
(7)
A party shall make any supporting or opposing affidavits on personal knowledge,
set forth facts as would be admissible in evidence, and show affirmatively that
the affiant is competent to testify to these matters. The party shall attach to
or serve with an affidavit sworn or certified copies of all papers or parts of
papers to which the affidavit refers. The court may permit a party to
supplement or oppose affidavits by depositions, answers to discovery, or
further affidavits. If a party makes a motion for summary judgment and supports
it as provided in this rule, an opposing party may not rest upon the mere
allegations or denials of the opposing party's pleading, but shall, by
affidavits or as otherwise provided in this rule, set forth specific facts
showing that a genuine issue exists for trial. If the opposing party does not
so respond, the court may enter summary judgment against the opposing
party.
(8) If it appears from the
affidavits of a party opposing the motion that the party cannot for reasons
stated present by affidavit facts essential to justify the party's opposition,
the court may refuse the application for judgment or may order a continuance to
permit the party to obtain affidavits, take depositions, or have discovery, or
the court may make another order as is just.
(9) If it appears to the satisfaction of the
court that a party has presented any affidavits pursuant to this rule in bad
faith or solely for the purpose of delay, the court orders the party employing
them to pay to the other party the amount of the reasonable expenses that the
filing of the affidavits caused the other party to incur, including reasonable
attorney fees, and the court may adjudge the offending party or attorney guilty
of contempt.
Notes
AUTH: 2-4-201, MCA; IMP: 2-4-201, 39-71-2901, MCA
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