Bindinglaw

MT · rules

Mont. R. App. P. 16

Motions

activein force · 2021-10-12 – presentact-effective-date

(1) Form and content. Unless another form is prescribed by these rules, an application

for an order or other relief shall be made by filing a motion in writing for such order

or relief with the clerk of the supreme court. The motion shall state with

particularity the grounds therefor and shall set forth the order or relief sought.

Counsel shall also note therein that opposing counsel has been contacted

concerning the motion and whether opposing counsel objects to the motion. Failure

to include this statement may result in denial of the motion. If a motion is supported

by affidavits or other papers, whether required by these rules or otherwise, or

submitted in a party’s discretion, they shall be served and filed with the motion. At

the time of filing a procedural motion, counsel shall present a proposed order,

together with sufficient copies for service upon all parties, as well as stamped

envelopes addressed to all parties. The supreme court may authorize disposition of

motions for procedural orders by a single justice.

(2) Response. Any party may file a response in opposition within 11 days after service

of the motion, or within such time as the supreme court may direct.

(3) Limitations and other requirements. The motion, including supporting argument

and authority, shall be submitted in a single document limited to 1,250 words or

less if proportionately spaced or 5 pages of text if prepared in monospaced typeface

or if typewritten. The motion shall set forth a succinct statement of the issue or

problem, a brief argument including a list of supporting authority and a

parenthetical statement of the holding or rule of any case cited, and a succinct

statement of the relief sought. The response shall comply with the format and word

or page limitations of this section. No reply shall be filed.

(4) Motions to voluntarily dismiss. Except for an Anders motion pursuant to section

46-8-103(2), a party’s motion to voluntarily dismiss that party’s cause, appeal, or

cross-appeal must be signed by both the moving party and that party’s counsel.

(5) Motions to dismiss by stipulation. A cause, appeal, or cross- appeal may be

dismissed by the supreme court upon stipulation signed by counsel of record and

parties not represented by counsel.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
6841d45872002e3f4dea5ce1918d902f7ff565b3cac8ac8032a6750d785a168e
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
Mont. R. App. P. 16 — Motions · binding.law