This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.
Montana Motion for Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0221
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Continuance - Personal Injury?
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FAQ
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
The first publication of summons or personal service of the summons and complaint upon the defendant out of Montana must be made within 60 days after the filing of the affidavit for publication. If not, the action must be dismissed as to any party intended to be served by such publication.
A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case. A case must go to trial because parties do not agree about the facts.
The law presumes that a person intends the consequences of his or her voluntary acts, and we have reasoned that a malicious intent to vex, annoy, or injure may be presumed where a prosecution is motivated by "some collateral or private purpose and not to vindicate the law."
(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.
Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and ...
If a party makes a motion for summary judgment and supports it as provided in this rule, an opposing party may not rest upon the mere allegations or denials of the opposing party's pleading, but shall, by affidavits or as otherwise provided in this rule, set forth specific facts showing that a genuine issue exists for ...
While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.