Mont. Admin. r. 24.5.320

Current through Register Vol. 1, January 10, 2025

Rule 24.5.320 - COMPUTATION OF TIME

(1) The court applies the following provisions with respect to the computation of time:

(a) In computing the time for any response as provided for in these rules, the court includes weekends and holidays. If a party's deadline falls on a weekend or holiday, the party shall file by the next workday.

(b) Whenever a party has the right or is required to do some act within a prescribed period of time after the service by mail, or by electronic means if consented to in writing, of a notice or other paper upon the party, the court adds 3 days to the prescribed period.

(c) A party filing by fax or e-mail attachment shall ensure that the court receives a hard copy original within 5 days.

(2) The court sets forth specific information regarding format and content requirements within the rule relating to each specific filing. Except as provided elsewhere within these rules, the court applies the following time limits:

COMPUTATION OF TIME

Document Type	Reference Rule	Time Limit
response to petition	24.5.302(1)	21 days after service of petition
third-party petition	24.5.307(1)(b)	21 days after service of petition
response to third-party petition	24.5.307(3)	10 days after service of third-party petition
motion to join third party	24.5.308(2)	30 days after service of petition
objection to joining third party	24.5.308(2)	10 days after service of motion to join third party
response to petition by third party	24.5.308(4)	10 days after service of order joining third party
objection to request for emergency trial setting	24.5.311(3)(c)	5 days after service of notice of request for emergency trial setting
response to motion	24.5.316(2)(c)	10 days after service of motion
response to motion for summary judgment	24.5.316(2)(c), (3)	10 days after service of motion, but no earlier than deadline for filing response to petition
reply to opposing party	24.5.316(2)(c)	5 days after service of response to motion
response to amended pleading	24.5.319(1)	10 days after service of amended pleading
witness to sign deposition	24.5.322(7)	30 days after submission to witness
cross-questions to deposition upon written questions	24.5.322(12)	10 days after service of notice and written questions
redirect questions to deposition upon written questions	24.5.322(12)	10 days after service of cross-questions
recross-questions to deposition upon written questions	24.5.322(12)	5 days after service of redirect questions
answers to interrogatories	24.5.323(2)	20 days after service of interrogatories
verification to interrogatories by unnatural person	24.5.323(4)	10 days after service of request
response to request for production	24.5.324(3)	20 days after service of request
request for relief from default judgment	24.5.327(5)	60 days after entry of judgment
request for hearing on motion for summary judgment	24.5.329(5)	5 days after deadline for reply to opposing party
objections to court's written findings of fact, conclusions of law, and judgment, and request for rehearing	24.5.335(1)(c)	20 days after entry of judgment
motion for reconsideration	24.5.337(2)	20 days after decision
application for taxation of costs	24.5.342(1)	10 days after entry of judgment allowing costs
objection to application for taxation of costs	24.5.342(7)(a)	10 days after service of application for taxation of costs
response to objection to application for taxation of costs	24.5.342(7)(b)	5 days after service of objection to application for taxation of costs
claim for attorney fees	24.5.343(2)(a)	20 days after expiration of appeal period or remittitur on appeal of court's final decision or 20 days after filing of court's decision
objection to claim for attorney fees	24.5.343(2)(b)	20 days after service of claim for attorney fees
request for attorney fee hearing	24.5.343(2)(c)	10 days after service of objection (if hearing requested by claimant's attorney) or at same time as filing of objection (if hearing requested by objecting party)
petition for new trial and/or request for amendment to findings of fact and conclusions of law	24.5.344(1)	20 days after service of order or judgment
opposition to petition for new trial and/or request for amendment to findings of fact and conclusions of law	24.5.344(2)	10 days after service of petition for new trial or request for amendment

Mont. Admin. r. 24.5.320

NEW, 2014 MAR p. 2832, Eff. 11/21/14; AMD, 2018 MAR p. 305, Eff. 2/10/2018

AUTH: 2-4-201, MCA; IMP: 2-4-201, 39-71-2901, MCA