Montana § 3-5-125 Standing Masters -- Proceedings -- Meetings -- Witnesses -- Statements Of Account

Montana Statutes

§ 3-5-125 — Standing Masters -- Proceedings -- Meetings -- Witnesses -- Statements Of Account

Montana·Title 3 JUDICIARY, COURTS·Ch. 5 DISTRICT COURTS·Part 1 Definition of Districts and Assignment of Judges

3-5-125 . Standing masters -- proceedings -- meetings -- witnesses -- statements of account.

(1)When a reference is made, the clerk shall immediately furnish the standing master with a copy of the order of reference. Unless the order of reference otherwise provides, the standing master shall set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the expiration of the objection period in 3-5-124 (2) and shall notify the parties or their attorneys. The standing master shall have the authority to issue temporary orders before the expiration of the objection period in 3-5-124 (2). The standing master shall proceed with all reasonable diligence throughout the proceedings. Either party, on notice to the parties and standing master, may apply

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3-5-125 . Standing masters -- proceedings -- meetings -- witnesses -- statements of account. (1) When a reference is made, the clerk shall immediately furnish the standing master with a copy of the order of reference. Unless the order of reference otherwise provides, the standing master shall set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the expiration of the objection period in 3-5-124 (2) and shall notify the parties or their attorneys. The standing master shall have the authority to issue temporary orders before the expiration of the objection period in 3-5-124 (2). The standing master shall proceed with all reasonable diligence throughout the proceedings. Either party, on notice to the parties and standing master, may apply to the district court for an order requiring the standing master to speed the proceedings and to make the report of its findings of fact and conclusions of law. If a party fails to appear at the time and place appointed, the standing master may proceed ex parte or, in the standing master's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(2) The parties may procure the attendance of witnesses before the standing master by the issuance and service of subpoenas as provided in Rule 45 of the Montana Rules of Civil Procedure. If, without adequate excuse, a witness fails to appear or give evidence, the witness may be punished for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45 of the Montana Rules of Civil Procedure.
(3) When matters of accounting are in issue before the standing master, the standing master may prescribe the form in which the accounts must be submitted and may require or receive in evidence a statement by a certified public accountant who is called as a witness. On objection of a party to any of the items submitted or on a showing that the form of statement is insufficient, the standing master may require a different form of statement to be furnished or the accounts or specific items to be proved by oral examination of the accounting parties or on written interrogatories or in any other manner as the standing master directs.

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