Montana § 25-31-705 Postponement Upon Application Of Party -- Proof Required

Montana Statutes

§ 25-31-705 — Postponement Upon Application Of Party -- Proof Required

Montana § 25-31-705

Title 25CIVIL PROCEDURE

Ch. 31PROCEDURE IN JUSTICES' COURTS

Part 7Time of Trial -- Postponements

This text of Montana § 25-31-705 (Postponement Upon Application Of Party -- Proof Required) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-31-705 (2026).

Text

25-31-705 . Postponement upon application of party -- proof required. The trial may be postponed upon the application of either party for a period not exceeding 4 months. The party making the application shall prove, by the party's own oath or otherwise, that the party cannot, for want of material testimony that the party expects to procure, safely proceed to trial and shall show in what respect the testimony expected is material and that the party has used due diligence to procure the testimony and has been unable to do so.

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25-31-705 . Postponement upon application of party -- proof required. The trial may be postponed upon the application of either party for a period not exceeding 4 months. The party making the application shall prove, by the party's own oath or otherwise, that the party cannot, for want of material testimony that the party expects to procure, safely proceed to trial and shall show in what respect the testimony expected is material and that the party has used due diligence to procure the testimony and has been unable to do so.

Legislative History

En. Sec. 596, p. 161, Bannack Stat.; re-en. Sec. 702, p. 177, Cod. Stat. 1871; re-en. Sec. 762, 1st Div. Rev. Stat. 1879; re-en. Sec. 782, 1st Div. Comp. Stat. 1887; en. Sec. 1593, C. Civ. Proc. 1895; re-en. Sec. 7036, Rev. C. 1907; re-en. Sec. 9669, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 876; re-en. Sec. 9669, R.C.M. 1935; R.C.M. 1947, 93-7104(part); amd. Sec. 499, Ch. 56, L. 2009.