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24.5.320    COMPUTATION OF TIME

(1) The following provisions apply to the computation of time for all filings:

(a) In computing the time for any response as provided for in these rules, the court includes weekends and holidays. If a deadline falls on a weekend or holiday, the deadline is the next workday.

(b) Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a notice or other paper upon the party and the notice or paper is served by mail, the court adds 3 days to the prescribed period.

(c) The court accepts fax and electronic filings, but an original signature page of any document filed by fax or electronic means must be filed with the court within 5 days.

(2) Except as provided elsewhere within these rules, the following time limits apply. This rule provides for the time limits only. Specific information as to format and content requirements is located within the rule relating to each specific filing:

COMPUTATION OF TIME

Document Type Reference Rule Days to File
response to petition 24.5.302(1) 20 days after service of petition
response to amended petition 24.5.319 10 days after service of amended petition
response to third-party petition 24.5.307(3) 10 days after service of third-party petition
motion to join third party 24.5.308(2) 30 days after service of petition
objection to joining third party 24.5.308(2) 10 days after service of motion to join third party
response to petition by third party 24.5.308(4) 10 days after service of order joining third party
motion to intervene 24.5.309(2) 30 days after service of the petition
answer to motion to intervene 24.5.309(2) 10 days after service of motion to intervene
objection to court's notice of emergency trial setting 24.5.311(2) 5 days after service of notice of emergency trial setting
response to motion 24.5.316(3) 10 days after service of motion
response to motion for summary judgment 24.5.316(3)(a) 10 days after service of motion, but no earlier than the deadline for filing a response to a petition

Document Type Reference Rule Days to File
reply to adverse party 24.5.316(3) 5 days after service of response brief to motion
officer to sign and state that deposition was not signed by deponent 24.5.322(7) 10 days after submission to witness
cross-questions to deposition upon written questions 24.5.322(11) 10 days after service of notice and written questions
redirect questions to deposition upon written questions 24.5.322(11) 10 days after service of cross-questions
recross-questions to deposition upon written questions 24.5.322(11) 5 days after service of redirect questions
response to interrogatories 24.5.323(2) 20 days after service of interrogatories
verification to interrogatories by unnatural person 24.5.323(4) 10 days after service of request
response to request for production 24.5.324(3) 20 days after service of request
relief from default judgment 24.5.327(5) 60 days after entry of judgment
objections to court's written findings of fact, conclusions of law, and judgment, and request for rehearing 24.5.335(1)(c) 20 days after entry of judgment
motion for reconsideration 24.5.337(1) 20 days after order or decision
opposition to motion for reconsideration 24.5.337(1) 10 days after service of motion for reconsideration
application for taxation of costs 24.5.342(1) 10 days after entry of judgment allowing costs
objection to application for taxation of costs 24.5.342(7)(a) 10 days after service of application for taxation of costs

Document Type Reference Rule Days to File
claim for attorney fees 24.5.343(2)(a) 20 days after expiration of appeal period or remittitur on appeal of court's final decision or 20 days after filing of court's decision
objection to claims for attorney fees 24.5.343(2)(b) 20 days after service of claim for attorney fees
request for attorney fee hearing 24.5.343(2)(c) 10 days after filing of objection (if hearing requested by claimant's attorney) or at same time an objection is filed (if hearing requested by objecting party)
petition for new trial and/or request for amendment to findings of fact and conclusions of law (refer to 24.5.344(1)) 24.5.344(1) 20 days after service of order or judgment
opposition to petition for new trial and/or request for amendment to findings of fact and conclusions of law 24.5.344(2) 10 days after service of petition for new trial or request for amendment

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 2014 MAR p. 2829, Eff. 3/1/15.

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