Dear [Judge's Name], RE: Plaintiff's Motion to Continue This Action as a Pending Case I am writing on behalf of the Plaintiff in the aforementioned case to request a continuance of this action as a pending case. This request is being made due to unforeseen circumstances that have hindered the Plaintiff's ability to adequately prepare for the upcoming trial. We kindly ask the court's consideration in granting this motion. The Plaintiff, [Plaintiff's Name], filed this lawsuit against the Defendant, [Defendant's Name], to seek justice for the damages and losses suffered on [Date]. Since the initiation of this case, the Plaintiff has been diligently working on gathering evidence, conducting legal research, and preparing for trial. However, due to (explain the unforeseen circumstances), the Plaintiff has encountered significant difficulties in meeting the required deadlines and adequately preparing the case for trial. Montana's law allows for the continuance of a case under specific situations, such as when there is a change in circumstances, the need for additional evidence or discovery, or the unavailability of essential witnesses. In this particular case, the Plaintiff firmly believes that a continuance is necessary to ensure a fair and just outcome. Firstly, (provide specific reasons for the motion to continue). For example, a potential witness crucial to the case has become ill, rendering them unable to testify at the scheduled trial date. This witness possesses critical information that could significantly impact the outcome of the trial. Due to their current condition and unavailability, it is imperative that additional time be granted to secure their testimony. Secondly, (describe another reason for the motion to continue). For instance, due to the unexpected increase in case load within our firm, compounded with unforeseen complexities in the legal research, we require additional time to fully prepare our arguments and ensure our presentation is comprehensive and well-founded. Lastly, (provide another valid reason for the motion to continue). For instance, the Plaintiff has recently discovered potentially significant evidence that was not previously available. Admitting this evidence could significantly alter the course of the trial and provides substantial grounds to request a continuance so that the Plaintiff can properly incorporate this evidence into their case. Given the circumstances outlined above, the Plaintiff respectfully requests the court to grant a continuance of this action and reschedule the trial date. We firmly believe that this course of action will serve the interests of justice, fairness, and the overall integrity of the legal process. Thank you for your attention to this matter, and we trust in the court's wisdom in reaching a just decision regarding this motion. Should you require any additional information or need to discuss this matter further, please do not hesitate to contact me. Yours sincerely, [Your Name] [Your Law Firm] [Your Contact Information]
Montana Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case
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How to fill out Montana Sample Letter For Plaintiff's Motion To Continue This Action As A Pending Case?
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FAQ
In person: In an interview, social event, or in court, address a judge as ?Your Honor? or ?Judge [last name].? If you are more familiar with the judge, you may call her just ?Judge.? In any context, avoid ?Sir? or ?Ma'am.?
They should be addressed either to the Honorable [FIRST NAME] [LAST NAME] or Judge [FIRST NAME] [LAST NAME]. Although you can put the case number on the letter, it is not necessary, as it will be submitted by the lawyer.
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.
Respond To A Motion The Right Way Determine Whether a Response is Needed. Not all motions require a response. ... Review the Motion. If you decide to respond, review the motion carefully and thoroughly. ... Research and Prepare. ... Structure Your Response. ... Craft Persuasive Arguments. ... Use Clear and Concise Language. ... Summarize.
You can address the judge to ?The Honorable First Name Last Name? or ?Judge First Name Last Name? or ?Judge Last Name.? It is redundant to say ?Honorable Judge? so use either ?Judge? or ?Honorable.?
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
It's best to use ?To the Honorable Judge of the (44th Judicial District Court - or whatever the Court's description is). That is respectful and specific enough to get it to the right person.
