MT · rules
Mont. R. App. P. 16
Motions
(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
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