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1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.
What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice. The Montana court rule requires local counsel to be at least minimally involved in the case.
Civil Complaints vs. Small Claims Civil CourtSmall Claims CourtMoney/Value limit ? $15,000.00 plus incurred feesMoney/Value limit ? $7,000.00 plus incurred feesService of SummonsService of OrderMay file eviction/Action for Possession casesCANNOT file real estate eviction cases (Action for Possession)17 more rows
BY INDIVIDUAL FORM Motions made be in writing, or in person at a hearing with both sides present. Motion practice involves important rules regarding timing, notice and other matters directed by the Montana Rules of Civil Procedure.
Complaint: The Court has civil complaint forms available for you to use which include instructions that will help you explain your lawsuit to the presiding judge and to the opposing party or parties. Filing Fee: The filing fee for a complaint is $350.00 plus a $50.00 administrative fee for a total of $400.00.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.