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1、Approved by Montana Supreme Court Commission on Self-Represented Litigants, 05/18/05About MotionsA Motion is the name of a paper that you must file to ask a judge to make a ruling or to take some other action for you once you have started a lawsuit. A Motion does not start a lawsuit. To start a laws
2、uit, you need to file a Complaint or, in a certain family law cases like divorce and parenting plan cases, a Petition. There are only two acceptable ways to communicate with the Judge about your lawsuit once it is started:1) in writing by filing a Motion or responding to a Motion; or 2) in person at
3、 a hearing scheduled by the Judge, with both sides present.Because both sides must have an opportunity to speak and let the Judge know how they feel about an issue, you MUST send a copy of all of the paperwork that you file in Court to the opposing party by 1st class mail or hand delivery. See Monta
4、na Rule of Civil Procedure 5 for more information. Common types of Motions include 1) Motion to Dismiss: asks the court to throw out a lawsuit filed against you. See Montana Rule of Civil Procedure 12 for more information.2) Motion for a Continuance: asks the Court to postpone a deadline, such as a
5、hearing date or a date when a certain paper must be filed in Court. 3) Motion for an Interim Order: asks the Court to enter an Order that will last only until the Judge has a chance to make a final decision on your case (in * * * WARNING* * * The following information is not legal advice. This infor
6、mation is not being provided on behalf of the Montana Courts or any particular Judge. The Judge in your case may require you to change a form or to submit a different one, and you always must follow the Local Rules for the Court where your case is pending. If you have questions about Local Rules, yo
7、u should contact the local Clerk of Court or the State Law Library Reference Librarian. If you need help filling out your forms or other legal advice, you are strongly urged to contact an attorney. Approved by Montana Supreme Court Commission on Self-Represented Litigants, 05/18/05other words, an Or
8、der that will last throughout the lawsuit but not after it is over). 4) Motion for Expedited Consideration: asks the Court to speed up the process and to decide an issue (usually another Motion) on a faster schedule than normal. Motions for Expedited Consideration are not usually granted and should
9、be used only when a true emergency exists. See FAQs below for more information.When you file a Motion, you start a three-step process known as Motion Practice. The person who wants the Court to issue an order will do steps #1 and #3. The person who does not want the Court to enter the order will do
10、step #2. See Montana Rule of Civil Procedure 7(b) and Montana Uniform District Court Rule 2.Step #1: Filing a Motion To begin the process, you usually must fill out four forms: the Motion, the Affidavit, the proposed Order, and the Affidavit of Service. 1) The Motion tells the Judge what you want an
11、d why you should get it. Be sure to tell the Judge all the important facts and to make any argument that helps to support your request for an order. You should tell the Judge what law or laws your Motion is based on. If you are unsure of the law, you should contact the Reference Librarian at the Sta
12、te Law Library for help finding the law that applies to your Motion. You will also tell the Judge what other documents are attached to the Motion and whether you want the Court to hold a hearing on the Motion. 2) The Affidavit is a sworn statement made under oath. This form is where you tell the Jud
13、ge all of the important and relevant facts in support of your Motion. An Affidavit is a form of evidence that the Court can consider when making decisions, just like live testimony in Court and exhibits. Your Affidavit must include only the facts that you know from personal experience. Because an Af
14、fidavit is a sworn statement, you must sign it in front of a Notary (or Notary Public). You will need to show the Notary picture I.D. to verify that you are who you claim to be. 3) The proposed Order is the document that you are asking the Judge to sign. It tells anyone who reads it exactly what the
15、 Judge has ordered in very simple, clear terms. It should be short and to the point. Basically, you act like the Judges secretary you draft an Order for the Judge to sign so that the Judge does not need to write one. However, the Judge may not like the Order that you have written. As a result, the J
16、udge may change your Order or sign a different Order altogether. Approved by Montana Supreme Court Commission on Self-Represented Litigants, 05/18/054) The Affidavit of Service is a particular type of Affidavit. It is just a sworn statement that explains how you served or delivered copies of the documents that you filed with the Court to the opposing party. You must deliver to the other side a copy of every document that you file in Court b
