Montana Code Annotated 2001

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Title 25, Chapter 21 -- RULES OF APPELLATE PROCEDURE


     Rule 21. Computation and extension of time.
     (a) Computation of time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
     (b) Extension of time -- Generally. Except as provided in subsections (c) and (d) of this rule, the court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, and may thereby permit an act to be done after the expiration of such time if the failure to act was excusable under the circumstances; except the court in a civil case may not extend the time for filing a notice of appeal, except as provided in Rule 5. Within the text of each motion requesting an extension of time submitted to the court for its consideration, counsel shall note that opposing counsel has been contacted concerning the motion and whether opposing counsel objects to the motion. All motions and orders for extension of time shall include a date certain on or before which date the act for which an extension of time is requested must be performed.
     (c) Extensions of time -- Filing briefs in appeals of termination of parental rights and abused and neglected children case. There shall be a presumption against granting motions for extension of time to file briefs. Any motion for extension of time to file a brief in the referenced cases may be granted only upon written motion supported by a showing of diligence and substantial need. Such a motion shall be filed at least 7 days before the expiration of the time prescribed for filing the brief, and shall be accompanied by an affidavit stating:
     (1) when the brief is due;
     (2) when the brief was first due;
     (3) the length of the requested extension;
     (4) the reason an extension is necessary;
     (5) movant's explanation establishing that movant has exercised diligence and has substantial need for the extension, and that the brief will be filed within the time requested; and
     (6) whether any other party separately represented objects to the request. A conclusory statement as to the press of business will not constitute a showing of diligence and substantial need.
     
     (d) Extensions of time -- Filing briefs in other cases. In all cases except those addressed in subsection (c) of this rule, a party may move for, and, without objection, be granted one 30-day extension of time in which to file a brief required or allowed to be filed under these rules. Any second or subsequent motion for extension of time to file a brief shall meet the requirements of subsection (c) of these rules.
     (e) Additional time after service by mail. Whenever a party is required or permitted to do any act within a prescribed period after service of a paper upon such party and the paper is served by mail, 3 days shall be added to the prescribed period.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993; amd. Sup. Ct. Ord. Mar. 23, 2000, eff. June 1, 2000; amd. Sup. Ct. Ord. July 24, 2001, eff. July 24, 2001.

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