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(1) A request for emergency trial must be indicated in the title of the petition, and the facts constituting the emergency explained in the petition. The court may hold trials upon less than 75 days' notice when good cause is shown. Such trials are termed "emergency trials." The petition must set forth facts constituting the emergency in sufficient detail for the court to determine whether an actual emergency exists. If good cause for the emergency setting is not shown in the petition, the court sets the trial on its regular trial calendar. The court, on its own motion, may set a trial as an emergency trial. When the court orders an emergency trial, the court provides reasonable notice of the time and place for a pretrial conference and for the trial.

(2) If the court determines that good cause exists for an emergency trial setting, the court issues a notice to the opposing party. If the opposing party objects to the emergency trial setting, the party shall file a written objection within the time set forth in ARM 24.5.320. The written objection must contain a short, concise statement setting forth the basis for the objection. If no objection is filed within the time set forth in ARM 24.5.320, the court deems the emergency request valid and grants an emergency trial setting. If the opposing party files a written objection, the court may hold a hearing to determine whether to allow the emergency setting. The court issues an order granting or denying the request for an emergency trial setting within 5 business days following the filing of the objection or at the conclusion of the hearing.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.311, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15.

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