24.5.311    EMERGENCY TRIALS

(1) The petitioner shall indicate any request for emergency trial in the title of the petition, and explain the facts constituting the emergency in the petition. The court may hold a trial upon less than 75 days' notice if the petitioner demonstrates good cause. The court designates these trials "emergency trials." The petitioner shall set forth facts constituting the emergency in sufficient detail for the court to determine whether an emergency exists. The petitioner shall also set forth a statement indicating the petitioner is ready to proceed to trial. If the petitioner does not demonstrate good cause for the emergency setting in the petition, the court sets the trial on its regular trial calendar. The court may find that an emergency exists if the petitioner demonstrates:

(a) the potential for irreversible or serious harm resulting from inability to obtain medical care or medications;

(b) undue financial hardship constituting an inability to obtain the necessities of life such as food, shelter, clothing, or transportation; or

(c) other facts establishing an emergency.

(2) 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.

(3) If the court makes a preliminary determination that good cause exists for an emergency trial setting, the court issues a notice to the opposing party, indicating that:

(a) the petitioner filed a request for emergency trial;

(b) the court made a preliminary determination that the petitioner set forth good cause; and

(c) the opposing party may file a written objection, containing a concise statement setting forth the basis for the objection, within the time set forth in ARM 24.5.320.

(4) The court schedules a hearing as soon as practicable after either the opposing party files a written objection or the time set forth in ARM 24.5.320 for objection to the request for emergency trial setting runs, whichever occurs first. The court may hold the hearing in person or by phone. The court conducts the hearing to determine the validity of any objections to the emergency trial setting and to confirm the parties are prepared to proceed to trial. The court issues an order granting or denying the request for an emergency trial setting within 5 business days, or as soon as practicable, after the conclusion of the hearing. The court includes a scheduling order fixing the deadlines referenced in ARM 24.5.310(4) within either the emergency or regular trial setting.

 

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; AMD, 2018 MAR p. 305, Eff. 3/15/18.