Montana Motion to Set Cause for Trial in Federal Court

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Multi-State
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US-01583BG
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Word; 
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It is generally recognized that a trial court has inherent power or authority to control or manage its trial calendar and to take whatever reasonable actions are necessary to maintain control of its docket. The court is afforded wide discretion in the maintenance of its docket, and any decision pertaining thereto will not be overturned without a showing of breach or abuse of that discretion.


Technically, the primary responsibility for moving a case on for trial rests with the plaintiffs and their attorneys, not the defendants or the trial court. Rule 16(b)(3) of the Federal Rules of Civil Procedure provides that the case may be set for trial as part of the scheduling order by the district judge or magistrate judge.

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FAQ

Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment. (a) When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.

If a party or its attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require that party or attorney to pay to any other party the reasonable expenses, including attorney fees, caused by the failure.

A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

Rule 34. Producing Documents, Electronically-Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.

Federal Rule of Civil Procedure 27 provides that a verified petition may be filed to request depositions before an action is filed in district court.

No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

Before action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any district court of the state of Montana may file a verified petition in the district court in the county of the residence of any expected adverse party.

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Montana Motion to Set Cause for Trial in Federal Court