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Information about Motions - Montana 2025

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The document provides guidance on the process of filing and responding to motions in Montana courts. It emphasizes that the information is not legal advice and outlines the steps involved in motion practice, including filing a motion, responding to it, and potentially replying to a response. It details the necessary forms, deadlines for responses, and types of motions such as Motion to Dismiss and Motion for Continuance. The document also highlights the importance of serving documents to opposing parties and offers FAQs regarding deadlines and emergency motions.

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What comes after a motion hearing?

The outcome of the motion hearing The judges decision is issued in the form of an order, which grants or denies the motion. This order becomes an official part of the court record and dictates the next steps in the litigation process.

How to file a motion in Montana?

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

What does making a motion mean?

Definitions of make a motion. verb. propose formally; in a debate or parliamentary meeting.

What is the purpose of the motion?

A motion is a written request for the judge to issue an order or make a decision on a contested issue. You can use this procedural device to request relief on a specific detail of a case, like a hearing date. Under certain circumstances, you can also use it to resolve the whole case before it goes to court.

What happens when I file a motion?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

What happens when you file a motion to enforce?

Motions to enforce do not inflict penalties on the non-compliant spouse but serve as legal reminders of their obligations. These are often used in scenarios involving improperly distributed assets or unpaid marital debts. Such items are generally covered under orders of equitable distribution.

How long do you have to respond to a motion in Montana?

(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.

Do I have to respond to a motion?

Not all motions require a response. Courts dont look for a response to a motion for an extension of time because its not controversial and often automatically granted. In contrast, a motion for reconsideration of a court order has such a low success rate that responding to it is often a waste of time.

Information about Motions - Montana 2025

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