Scheduling

(a) Scheduling Order. (1) After discussing the Pretrial Statements and Joint Discovery Plan with the parties, the presiding judge will issue a scheduling order. (2) In exempt cases, unless a dispositive motion is filed, the court will, within 45 days after the case is at issue, establish a schedule for final disposition. (3) Unless the last deadline in a scheduling order sets a conference or a trial date, it must require the parties to file a joint notice stating the matter is ready for trial or further scheduling.

(b) Continuances. (1) Requests for continuances of trial will not be routinely granted. Parties must prepare diligently for trial and are discouraged, absent extraordinary circumstances and good cause shown, from seeking continuance of a trial. In granting a motion for continuance, the court may impose costs and conditions.

(2) Unavailability of a Witness or Evidence. (A) A motion to postpone or continue trial based on the unavailability of a witness or evidence must be supported by an affidavit showing: (i) the nature and materiality of the testimony or evidence; (ii) the moving party’s efforts to secure the testimony or evidence on time; and (iii) compelling reason to believe the witness or evidence will 34 | P a g e D.Mont L.R. 16.3 Scheduling be available if a postponement or continuance is granted. (B) If the opposing party stipulates to the admissibility and content of the testimony or evidence sought, trial will not be postponed or continued unless trial without it would be unjust to the moving party. (c) Jury Cost Assessment in Final Week Before Trial.

When a civil action scheduled for jury trial is settled or otherwise disposed of less than seven days before trial, all jury costs, Marshal fees, mileage, and per diem may be assessed as directed by the court.