Montana Motion for Summary Judgment
Montana writes its summary judgment deadlines directly into Rule 56 itself: a 21-calendar-day response, a 14-calendar-day reply, and a hearing that happens only if a party asks for one within 14 days after the reply period ends.
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Introduction
Under Montana Rule of Civil Procedure 56, a party opposing a motion for summary judgment, the respondent, must file a response, with any opposing affidavits, within 21 calendar days after the motion is served or a responsive pleading is due, whichever is later, and the movant may then file a reply within 14 calendar days after the response is served (Mont. R. Civ. P. 56(c)(1)(B)-(C)). These deadlines run in calendar days, computed under Mont. R. Civ. P. 6(a). Rule 6(d) adds 3 calendar days when a party must act within a specified time after service and service is made by mail, left with the clerk, electronic means, or another agreed method under Rule 5(b)(2)(C)-(F); whether Montana courts apply that extension to the 21-day response period in practice is unconfirmed. This timing sits inside Rule 56 itself rather than Montana's general motions rule: Uniform District Court Rule 2(b) sets a 14-day answer-brief deadline for motions generally but expressly carves out summary judgment, so a respondent who follows the general rule instead of Rule 56 will misjudge the true 21-day deadline. A hearing is not the default in Montana: under Rule 56(c)(2)(A), the right to a hearing is waived unless a party affirmatively requests one within 14 calendar days after the reply-brief period expires, though the court may also set a hearing on its own under Rule 56(c)(2)(B). If a hearing is requested or set, written notice of it must be served at least 14 calendar days before it occurs (Mont. R. Civ. P. 6(c)(1)). Montana sets no statewide filing cutoff before trial; a party may move for summary judgment at any time unless the court orders otherwise (Rule 56(c)(1)(A)), and any deadline to file the motion is instead set case-by-case in the court's Rule 16(b) scheduling order. The standard itself has no recent amendment: judgment is proper if the pleadings, discovery and disclosure materials, and any affidavits show there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law (Mont. R. Civ. P. 56(c)(3)); the rule text now in force was last amended effective October 1, 2011. Affidavits, if used, must be made on personal knowledge, set out facts admissible in evidence, and show the affiant is competent to testify, with sworn or certified copies of any referenced papers attached (Rule 56(e)(1)). Neither Montana's Rule 56 nor the Uniform District Court Rules require a separate statement of undisputed material facts the way some states do, though individual judicial districts may have their own local rules. No statewide page limit applies to the briefs, though individual judicial districts may set their own limits by local rule. A single motion may seek judgment on all or part of a claim, and a party may obtain an interlocutory summary judgment on liability alone even when damages remain disputed (Rule 56(a)-(b), (d)(2)); if summary judgment is not granted on the whole case, the court should, to the extent practicable, determine which material facts are not genuinely at issue and issue an order specifying them, and the facts so specified must be treated as established in the action (Rule 56(d)(1)). Summary judgment practice is technical and is often lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Montana state trial court under Rule 56. If you are asking a court to test the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; and a federal civil case follows Federal Rule of Civil Procedure 56, not Montana's rule, and is outside the scope of this page.
Key Things to Know
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The respondent must file an answer brief and any opposing affidavits within 21 calendar days after the motion is served or a responsive pleading is due, whichever is later, and the movant may reply within 14 calendar days after the response is served (Mont. R. Civ. P. 56(c)(1)(B)-(C)). Rule 6(d) adds 3 calendar days to a period running from service made by mail, left with the clerk, electronic means, or another method under Rule 5(b)(2)(C)-(F), though its application to the 21-day response period in practice is unconfirmed. A hearing happens only if a party requests one within 14 calendar days after the reply period ends, and if one is set, it must be noticed at least 14 calendar days beforehand (Rule 56(c)(2)(A); Rule 6(c)(1)).
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If you were served with a Montana motion for summary judgment, do not rely on the general 14-day answer-brief deadline in Uniform District Court Rule 2(b); it expressly excepts summary judgment and redirects to Rule 56's own 21-calendar-day response period, so counting from the general rule will make your response late.
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Do not let a Montana summary judgment motion go unanswered. Uniform District Court Rule 2(c) provides that failure to file an answer brief within the time allowed shall be deemed an admission that the motion is well taken (Unif. Dist. Ct. R. 2(c)).
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A party may move for summary judgment at any time, unless the court orders otherwise, and Montana sets no statewide deadline to file the motion before trial; that cutoff, if any, is set case-by-case in the court's Rule 16(b) scheduling order (Rule 56(c)(1)(A)).
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Required papers include the motion, a supporting brief, and any affidavits, which must be made on personal knowledge, set out admissible facts, and show the affiant is competent to testify, with sworn or certified copies of any referenced documents attached (Rule 56(a)-(b), (e)(1); Unif. Dist. Ct. R. 2(b)).
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Montana allows partial summary judgment on all or part of a claim and an interlocutory summary judgment on liability alone even when damages are still disputed; if the whole case is not resolved, the court should, to the extent practicable, issue an order specifying which facts are not genuinely at issue, and those facts must be treated as established in the action (Rule 56(a)-(b), (d)(1)-(2)).
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Montana has no statewide separate-statement-of-undisputed-facts requirement and no statewide page limit for summary judgment briefs, though individual districts may set their own requirements by local rule. This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows a different rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Montana, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Montana Requirements for Motion for Summary Judgment
21-Calendar-Day Response Deadline Set Inside Rule 56
The respondent must file a response and any opposing affidavits within 21 calendar days after the motion is served or a responsive pleading is due, whichever is later. This deadline lives in Rule 56 itself, overriding the general 14-day answer-brief rule in Uniform District Court Rule 2(b) (Mont. R. Civ. P. 56(c)(1)(B)).
14-Calendar-Day Reply Deadline
The movant may file a reply within 14 calendar days after the response is served (Mont. R. Civ. P. 56(c)(1)(C)).
3-Calendar-Day Extension for Mail or Electronic Service
Rule 6(d) adds 3 calendar days when a party must act within a specified time after service and service is made by mail, left with the clerk, electronic means, or another agreed method under Rule 5(b)(2)(C)-(F) (Mont. R. Civ. P. 6(d)). Whether Montana courts apply it to the 21-day response period in practice is unconfirmed.
Hearing Waived Unless Requested Within 14 Days After Reply Period
The right to a hearing on a summary judgment motion is waived by default unless a party requests one within 14 calendar days after the time for filing a reply brief has expired; the court may also set a hearing on its own (Mont. R. Civ. P. 56(c)(2)(A)-(B)).
No Statewide Filing Cutoff Before Trial
A party may move for summary judgment at any time unless the court orders otherwise; Montana sets no statewide deadline before trial, leaving any cutoff to the court's Rule 16(b) scheduling order (Mont. R. Civ. P. 56(c)(1)(A)).
Affidavits Must Be on Personal Knowledge With Attached Records
A supporting or opposing affidavit must be made on personal knowledge, set out facts admissible in evidence, and show the affiant is competent to testify, with sworn or certified copies of any referenced papers attached (Mont. R. Civ. P. 56(e)(1)).
No Statewide Separate Statement of Undisputed Facts
Montana's Rule 56 and the Uniform District Court Rules do not require a standalone separate statement of undisputed material facts; individual judicial districts may impose their own requirements by local rule (Mont. R. Civ. P. 56).
Partial and Interlocutory Summary Judgment Available
A party may move for summary judgment on all or part of a claim, and the court may enter an interlocutory summary judgment on liability alone even when damages remain disputed; otherwise the court should, to the extent practicable, specify the facts not genuinely at issue, which are then treated as established (Mont. R. Civ. P. 56(a)-(b), (d)(1)-(2)).
Unanswered Motion Deemed an Admission It Is Well Taken
Failure to file an answer brief within the time allowed is deemed an admission that the motion is well taken (Mont. Unif. Dist. Ct. R. 2(c)).