Montana Motion for Continuance — Personal Injury: A Comprehensive Overview A Montana Motion for Continuance in personal injury cases provides a detailed request to postpone or reschedule a court date or trial related to a personal injury claim. This motion is filed by either the plaintiff or the defendant when they require additional time to gather evidence, prepare their case, or resolve any outstanding issues that may hinder a fair and just trial. Here, we explore the various types of Montana Motions for Continuance in personal injury cases, providing a comprehensive understanding of each: 1. General Motion for Continuance: A General Motion for Continuance is commonly filed by both plaintiffs and defendants in personal injury cases seeking a reasonable extension to effectively prepare for their trial. In this motion, the party typically presents valid reasons, such as the need for additional time to gather evidence, consult with experts, or secure witnesses. 2. Medical Continuance Motion: The Medical Continuance Motion specifically addresses personal injury cases in which the plaintiff's medical condition remains unstable or unresolved at the time of the scheduled trial. If the plaintiff's injuries require further medical treatment, surgery, or recovery time, this motion requests postponement until the plaintiff reaches maximum medical improvement (MMI) or when their condition stabilizes. 3. Discovery Continuance Motion: A Discovery Continuance Motion is typically filed by either party when they encounter significant challenges or obstacles during the discovery process. If the party needs additional time to collect relevant documents, depose witnesses, or receive responses to discovery requests, they may request a continuance to ensure a fair examination of the available evidence. 4. Settlement Negotiation Continuance Motion: Frequently, personal injury cases reach a stage where both parties engage in settlement negotiations. When a potential resolution is within reach, either the plaintiff or the defendant may file a Settlement Negotiation Continuance Motion. This motion aims to delay the trial while the parties actively work towards a mutually acceptable settlement outside the courtroom. 5. Expert Witness Continuance Motion: In situations where obtaining complex expert witnesses becomes challenging or impossible within the original trial schedule, either party may file an Expert Witness Continuance Motion. This motion allows additional time for securing qualified expert witnesses, who play a crucial role in providing professional opinions regarding the personal injuries, their causation, or potential damages. It is important to note that the specific circumstances of each personal injury case will determine which type of Motion for Continuance is most suitable. However, it is advisable to consult an attorney specializing in personal injury cases in Montana to understand the appropriate motion to file and ensure compliance with court rules and procedures. Remember, the timely filing of a Montana Motion for Continuance in personal injury cases is crucial to protect the rights of both parties involved, while also promoting fairness and justice throughout the legal proceedings.
Montana 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.