Montana Motion to Continue
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FAQ
The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local
If the judge finds that you are in contempt, the judge might order you to let the other parent make up the missed parenting time or visits. The judge can also order you to pay the other parent's court costs or lawyer's fee.
Civil vs Criminal Contempt An action to essentially punish the person who does not comply with a court order is called a contempt action.A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
Ask the court for a motion date. Identify and fill out your motion forms. Serve and file your motion forms. Confirm that you will attend the motion. Go to your motion hearing. Receive the judge's decision.
You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
You will need to bring the other copy with you to the Show Cause hearing. File the original Petition for Contempt, Supporting Affidavit, Order to Show Cause, and Contempt Citation with the Clerk of District Court in the county where your original Parenting Plan was filed, or in the county where you live.
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.