Legal Question in Real Estate Law in Montana
In local rules of court, Montana, how many days does a plaintiff or defendant have to respond to motions and objections and briefs, and what day does that countdown begin, on the day either party receives it in the mail, or on the day it is filed with the court, or is it some other day? So, what day does it start and how many days does each party have to respond, after which, if no response, the other party may file for motion to declare default judgement?
1 Answer from Attorneys
The uniform rule says 14 days:
https://courts.mt.gov/portals/113/dcourt/dc_rules/rules/uniform.pdf
It may depends upon the Court. Most courts would want you to notice a hearing and provide the other side an chance to appear before entering a default that means you need need to mail them notice of the hearing date. You would need to request it from the clerk of court or Judge's secretary.
You can also enter the default with the clerk and request that clerk present the file to the Judge along with a proposed order. It depends upon the Judge. They all have their different practices and local rules. You might want to ask the clerk.
I hope this answers your question.
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