Montana Motion for Continuance

Introduction

Key Things to Know

1. 1

   Montana district courts use the term postpone (MCA Title 25, chapter 4, part 5, Motion to Postpone Trial). Justice and City Court Civil Rule 18 uses the term continuance.

2. 2

   The hearing or trial date stands until the court grants the motion. Attend unless the court tells you it has been moved.

3. 3

   In district court, the court may, in its discretion, postpone a trial or proceeding on good cause shown and in furtherance of justice, on grounds other than absence of evidence (MCA 25-4-503). The court may set conditions. Justice Court Rule 18(a) also uses good cause.

4. 4

   A motion based on absence of evidence may only be made on an affidavit showing the materiality of the evidence expected and that due diligence has been used to procure it (MCA 25-4-501). The court may require an affidavit stating the evidence expected, and the motion is not granted if the other side admits that evidence (MCA 25-4-502).

5. 5

   In justice or city court, the motion must be in writing and served on the opposing party or counsel (Rule 18). For district court, this page does not state a written-form rule, so file a written motion and ask the clerk what your court expects.

6. 6

   Justice and City Court Rule 18 says a continuance is not granted if the motion is not timely, if a party appears unprepared at the time set, or without timely notice to all parties. No fixed day count is stated, so file as soon as you know.

7. 7

   In a justice court eviction (forcible entry and detainer), trial is held within 10 days after appearance or the answer date unless the defendant asking for a continuance gives an undertaking for damages and rent. The parties may instead stipulate to a longer continuance (MCA 70-27-202).

Montana Requirements for Motion for Continuance

• Postponement Statute in District Court

  MCA 25-4-503 lets the district court, on good cause shown and in furtherance of justice, postpone a trial or proceeding in its discretion upon other grounds than the absence of evidence, on conditions it directs. Absence of evidence is governed by MCA 25-4-501. Montana's district court statute uses the term postpone.

• Affidavit for Absent Evidence

  A motion based on absence of evidence may only be made on an affidavit showing the materiality of the evidence expected and that due diligence has been used to procure it (MCA 25-4-501).

• Court May Require Evidence Affidavit

  The court may require an affidavit stating the evidence expected, and the motion is not granted if the adverse party admits that evidence (MCA 25-4-502).

• Justice Court Rule 18

  In justice and city court the motion must be in writing and served on the opposing party or counsel. Good cause is the standard, and no continuance is granted if untimely or if a party appears unprepared (Rule 18).

• Timely Notice to All Parties

  No continuance is granted in justice or city court without timely notice to all parties. No fixed day count is stated, and the hearing date stands until the court rules.

• Consent Postponement in Justice Court

  The court may postpone a justice court trial by consent of the parties given in writing or in open court (MCA 25-31-704). The court still decides.

• Eviction Trial Within 10 Days

  In justice court forcible entry and detainer, trial is within 10 days after appearance or the answer date unless the defendant seeking a continuance gives an undertaking for damages and rent. The parties may stipulate to a longer continuance (MCA 70-27-202).

• Court Postponement on Own Motion

  A justice court may postpone on its own motion up to 4 months for good cause (MCA 25-31-703).

• Grounds Stated as Alternatives

  The motion lists absence of evidence and other good cause as separate grounds so only the ground that applies is used, with an affidavit where absence of evidence is claimed.