Montana Simple Motion Requesting Additional Time to Respond to a Civil Complaint

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Description

Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

Rule 2 ? Motions. Except as provided in M. R. Civ. P. 56(c), within fourteen days after service of the movant's brief, the opposing party shall file an answer brief which also may be accompanied by appropriate supporting Page 2 2 documents.

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C).

(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.

Rule 1 ? Form of Papers Presented for Filing. The word ?papers? as used in this Rule includes all documents and copies except exhibits and records on appeal from lower courts.

(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.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

(a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws, or ceases to act as such, the attorney must inform the court and all other parties of the full name and address of the attorney's client and any other information which the court may find ...

If you are a party responding to a motion you may file a responding motion record and respondent's factum.

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Montana Simple Motion Requesting Additional Time to Respond to a Civil Complaint