Montana Request for Expedited Hearing on Motion for Order Restraining Personal Representative

Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready. If witnesses or documents that have been subpoenaed and are not in the court, let the judge know. Dress in a manner similar to that as you would for a job interview.

Each judge has her/his own habits and it's difficult to speak to the speed of a judge outside of my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months.

If the hearing was to argue a motion made by the other side, and that party did not appear for argument, then the court denying the motion means that the moving party was not granted the relief being sought or requested. In other words, you win.

It's much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It's very much like a trial.

You will need to bring the other copy with you to the Show Cause hearing. File the original Petition for Contempt, Supporting Affidavit, Order to Show Cause, and Contempt Citation with the Clerk of District Court in the county where your original Parenting Plan was filed, or in the county where you live.

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

Civil vs Criminal Contempt An action to essentially punish the person who does not comply with a court order is called a contempt action.A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.

Remember a judge is always under oath in the courtroom, Citing invalid laws or precedents.This is more unusual because a judge typically can't ignore a law without explaining why. The judge would have to break two rules in order to accomplish this one.

You need to set your motion(s) for hearing to get it before the Court. Otherwise, the Court will not address your motion(s), which is why you feel like you are being ignored. Thus, you must file a notice of hearing on your motion and go before the...