Montana State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF MONTANA — DISTRICT COURT

1. CAPTION

MONTANA [________________________________] JUDICIAL DISTRICT COURT

[________________________________] COUNTY

2. MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and pursuant to Montana Rule of Civil Procedure 6(b), respectfully moves this Honorable Court for an Order extending the time for the following act:

Action/Filing for Which Extension Is Sought:
[________________________________]

Current Deadline: [__/__/____]

Proposed New Deadline: [__/__/____]

Number of Additional Days Requested: [____]

In support of this Motion, Movant states as follows:

3. CASE BACKGROUND AND PROCEDURAL HISTORY

1. This action was commenced on [__/__/____] by the filing of a [________________________________] in the [________________________________] Judicial District Court, [________________________________] County, Montana.

2. The current deadline at issue was established by [________________________________] (e.g., Court Order, Scheduling Order, Montana Rule of Civil Procedure), entered on [__/__/____].

3. This matter is assigned to the Honorable [________________________________], Department [____].

4. The matter is currently set for trial on [__/__/____].

5. A Scheduling Order was entered on [__/__/____] establishing case management deadlines.

6. The following prior extensions related to this deadline have been granted:

☐ No prior extensions have been granted for this deadline.

4. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review and analysis

☐ Recently produced documents or supplemental disclosures necessitating additional time

☐ Scheduling conflicts among counsel preventing timely completion of the required act

☐ Unavailability of key witnesses for deposition, interview, or consultation

☐ Ongoing mediation or settlement negotiations that may resolve or narrow the issues

☐ Complexity of legal issues requiring additional research and briefing

☐ Retention of expert witnesses requiring engagement, analysis, and report preparation time

☐ Illness or medical emergency affecting counsel, a party, or a critical witness

☐ Substitution or withdrawal of counsel requiring new counsel to become familiar with the case

☐ Conflicting trial settings or court calendar obligations in other matters

☐ Outstanding third-party subpoena responses or records requests

☐ Geographic challenges related to Montana's rural jurisdictions and travel distances for depositions or witness interviews

☐ Need for additional time to comply with Montana's mandatory disclosure requirements under Mont. R. Civ. P. 26(a)

☐ Other: [________________________________]

5. LEGAL STANDARD

A. Montana Rule of Civil Procedure 6(b) — Extending Time

Montana Rule of Civil Procedure 6(b) provides:

"When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect."

B. Exceptions — Rule 6(b)(2)

Rule 6(b)(2) provides that a court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

C. Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Movant demonstrates "good cause" as required by Mont. R. Civ. P. 6(b)(1)(A).

☐ This Motion is filed after the expiration of the current deadline. Movant demonstrates "excusable neglect" as required by Mont. R. Civ. P. 6(b)(1)(B).

D. Montana Standard for Good Cause

Montana courts evaluate requests for extension of time by considering: (1) whether there is a reasonable basis for the request; (2) whether the movant has been diligent in pursuing the matter; (3) whether the opposing party will suffer prejudice; and (4) the interests of justice.

E. Montana Standard for Excusable Neglect

A showing of excusable neglect under Montana law requires justification for error beyond mere carelessness or ignorance of the law. "Neglect that is due to forgetfulness and the press of other, more important business is not sufficient to establish excusable neglect." The court considers the totality of the circumstances, including the danger of prejudice to the non-moving party, the length of the delay and its potential impact on judicial proceedings, the reason for the delay, and whether the movant acted in good faith.

6. DETAILED STATEMENT OF GOOD CAUSE

[________________________________]

[Provide a detailed narrative of the specific circumstances warranting the extension, addressing each of the factors Montana courts consider.]

Diligence of Movant

Movant has exercised reasonable diligence in attempting to meet the current deadline by taking the following steps:

1. [________________________________]

2. [________________________________]

3. [________________________________]

7. EXCUSABLE NEGLECT (IF APPLICABLE — AFTER-EXPIRATION MOTIONS ONLY)

Complete this section only if the current deadline has already passed.

The failure to meet the deadline was caused by:

[________________________________]

The neglect was excusable because it was not the result of mere carelessness, forgetfulness, or willful disregard:

[________________________________]

The length of the delay is [____] days, and the impact on judicial proceedings is:

[________________________________]

Movant acted in good faith as demonstrated by:

[________________________________]

8. POSITION OF OPPOSING PARTY

Undersigned counsel conferred with opposing counsel regarding this Motion on [__/__/____] by [________________________________] (telephone, email, in person).

☐ Opposing counsel consents to the requested extension.

☐ Opposing counsel does not oppose the requested extension.

☐ Opposing counsel objects to the requested extension. The stated basis for the objection is: [________________________________]

☐ Undersigned counsel was unable to confer with opposing counsel despite good faith efforts on the following dates: [________________________________]. [Describe efforts made.]

9. ABSENCE OF PREJUDICE

The requested extension will not prejudice the opposing party or any other party to this action because:

1. The current trial date of [__/__/____] will not be affected by the requested extension.

2. No other deadlines in the Court's Scheduling Order will require modification.

3. The opposing party will retain adequate time to respond to any filings or disclosures made within the extended period.

4. The extension will promote resolution on the merits, consistent with Mont. R. Civ. P. 1 (securing the just, speedy, and inexpensive determination of every action and proceeding).

5. [________________________________]

10. IMPACT ON CASE SCHEDULE

☐ The requested extension will not require modification of the Court's existing Scheduling Order or other case management deadlines.

☐ The requested extension may require modification of the following deadlines, and Movant proposes the following revised schedule:

11. NON-EXTENDABLE DEADLINES — RULE 6(b)(2) LIMITATIONS

Movant acknowledges that Mont. R. Civ. P. 6(b)(2) prohibits the Court from extending deadlines under the following rules: Rule 50(b) and (d) (renewed motions for judgment as a matter of law), Rule 52(b) (amending findings), Rule 59(b), (d), and (e) (new trial motions), and Rule 60(b) (relief from judgment or order). This Motion does not seek to extend any such deadline.

12. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];

3. Enter the attached Proposed Order; and

4. Grant such other and further relief as the Court deems just and proper.

13. SUPPORTING BRIEF

Pursuant to Montana practice, the following brief is submitted in support of this Motion:

I. Introduction

Movant [________________________________] respectfully requests that this Court extend the deadline for [________________________________] from [__/__/____] to [__/__/____] pursuant to Mont. R. Civ. P. 6(b). This Motion is filed ☐ before / ☐ after the expiration of the current deadline.

II. Statement of Facts

[________________________________]

III. Argument

A. Good Cause Exists for the Requested Extension

[________________________________]

B. Movant Has Acted with Reasonable Diligence

[________________________________]

C. No Party Will Suffer Prejudice

[________________________________]

D. The Interests of Justice Favor Granting the Extension

[________________________________]

IV. Conclusion

For the foregoing reasons, Movant respectfully requests that the Court grant this Motion and extend the deadline as set forth herein.

14. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]

[________________________________]
[Street Address]

[________________________________], Montana [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

By: ________________________________________

[________________________________]
Attorney Name

Montana State Bar No. [________________________________]

Attorney for [________________________________]

Date: [__/__/____]

15. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred with [________________________________], counsel for [________________________________], regarding this Motion for Extension of Time.

☐ Counsel for the opposing party consents to the relief sought.

☐ Counsel for the opposing party does not oppose the relief sought.

☐ Counsel for the opposing party objects to the relief sought.

☐ I was unable to confer with opposing counsel despite the following good faith efforts: [________________________________]

________________________________________
[Attorney Name]

16. VERIFICATION (IF REQUIRED BY LOCAL RULE)

STATE OF MONTANA
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, state under oath that the facts set forth in the foregoing Motion are true and correct to the best of my knowledge, information, and belief.

________________________________________
[Affiant Name]

Subscribed and sworn to before me this [____] day of [________________], [________].

________________________________________
Notary Public for the State of Montana
Residing at [________________________________]
My Commission Expires: [__/__/____]

17. PROPOSED ORDER

MONTANA [________________________________] JUDICIAL DISTRICT COURT

[________________________________] COUNTY

ORDER GRANTING MOTION FOR EXTENSION OF TIME

This matter comes before the Court on the Motion of [________________________________] for Extension of Time, filed on [__/__/____], pursuant to Montana Rule of Civil Procedure 6(b).

The Court, having reviewed the Motion and any responses thereto, and being fully advised in the premises, hereby finds that:

1. Good cause exists for the requested extension of time.

2. The Motion was filed ☐ before / ☐ after the expiration of the current deadline.

3. The opposing party ☐ consents / ☐ does not oppose / ☐ objects to the extension.

4. The extension will not unduly prejudice any party or disrupt the Court's docket.

IT IS THEREFORE ORDERED that:

1. The Motion for Extension of Time is GRANTED.

2. The deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____].

3. All other deadlines in the Scheduling Order dated [__/__/____] remain in full force and effect unless otherwise modified by the Court.

4. [________________________________]

DATED this [____] day of [________________], [________].

________________________________________
Honorable [________________________________]
District Court Judge, Department [____]
[________________________________] Judicial District

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Extension of Time, Supporting Brief, and Proposed Order was served upon all parties or their counsel of record by the following methods:

☐ Montana Courts E-Filing — Electronic service on all registered counsel pursuant to Mont. R. Civ. P. 5(b)(2)(E)

☐ Electronic Mail — Transmitted to the email addresses listed below

☐ United States Mail — First-class mail, postage prepaid, to the addresses listed below

☐ Hand Delivery — Delivered to the persons listed below

________________________________________
[Attorney Name]
Montana State Bar No. [________________________________]

19. PRACTICE NOTES FOR MONTANA PRACTITIONERS

Key Rules and Requirements

• Mont. R. Civ. P. 6(b): Governs all extensions of time. Pre-expiration requests require "good cause." Post-expiration requests require "excusable neglect."

• Mont. R. Civ. P. 6(a): Governs computation of time. The day of the event triggering the period is excluded. The last day is included unless it falls on a Saturday, Sunday, or legal holiday. When the period stated in days is less than 11 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation.

• Mont. R. Civ. P. 6(c): Written motions (other than those heard ex parte) and notice of hearing must be served at least 14 days before the time specified for the hearing. Supporting affidavits must be served with the motion. Opposing affidavits must be served at least 7 days before the hearing unless the court permits otherwise.

• Mont. R. Civ. P. 6(d): When a party must act within a specified time after being served and service is made by mail, 3 days are added after the period would otherwise expire.

Montana Judicial Districts

Montana has 22 judicial districts covering 56 counties. Many districts have local rules of practice that impose additional requirements for motions, including:

• Conferral requirements
• Brief requirements (separate or combined with the motion)
• Proposed order requirements
• Page limitations
• Specific formatting standards

Always check the local rules for the specific judicial district before filing. Local rules are available on the Montana Judiciary website at courts.mt.gov.

Proposed Orders

Montana district courts generally require that a proposed order be submitted with a motion for extension of time. Some judicial districts require that the proposed order be submitted as a separate document in Word format for the court's convenience.

Non-Extendable Deadlines

The following deadlines cannot be extended under Mont. R. Civ. P. 6(b):

• Rule 50(b) and (d) — Renewed motions for judgment as a matter of law
• Rule 52(b) — Amending findings
• Rule 59(b), (d), (e) — New trial motions
• Rule 60(b) — Relief from judgment or order

Geographic Considerations

Montana is the fourth-largest state by area, and travel distances between jurisdictions can be significant. Courts generally recognize geographic challenges as a factor supporting good cause for extension, particularly when depositions, witness interviews, or document inspections require substantial travel.

Sources and References

• Montana Rule of Civil Procedure 6 — Computing and Extending Time: https://archive.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0060/0250-0200-0020-0060.html
• Montana Rules of Civil Procedure — Full Text: https://courts.mt.gov
• Montana Code Annotated Title 25, Chapter 20 (Rules of Civil Procedure): https://leg.mt.gov/bills/mca/title_0250/chapter_0200/parts_index.html
• Montana Judicial District Local Rules: https://courts.mt.gov/courts/district
• Montana Courts E-Filing System: https://courts.mt.gov/efiling