Current through December 10, 2024
Rule 26-1-1.5 - CONTINUANCE OF HEARINGS(A) All motions for continuance of contested matters shall state the reason for continuance. (B) Parties other than petitioner who desire to continue a matter must (1) notify by telephone the petitioner or the petitioner's representative set forth in the petition and the Board of the motion for continuance not later than 5 p.m. on Tuesday of the week which precedes the regular monthly Board Meeting; and (2) mail or deliver a copy of the motion for continuance to said petitioner's representative and the Board not later than 5 p.m. on Tuesday of the week which precedes the regular monthly Board Meeting. (C) On any contested matter, Petitioner desiring a continuance must request a continuance not later than 5 p.m. on Thursday of the week which precedes the regular monthly Board Meeting by notifying the Board and anyone who has filed a notice of contest. This notice shall be by telephone, followed by written notice, mailed or delivered to the Board and any contesting party or his representative on the same day. (D) On any non-contested matter, petitioner may move for a continuance at the docket call at the regular meeting for cause stated. (E) Petitioner and any other interested party may waive the notice requirements of paragraphs 5(B) and 5(C), supra, and agree to a continuance. (F) The time limit for argument on motions for continuance shall be set by the Board at the time the motion is heard. Movant shall present his argument first and may reserve part of his time for rebuttal. (G) As a general rule no more than one continuance of a docket will be granted at the request of a person other than petitioner. (H)The foregoing notwithstanding, the Board may grant continuances in exceptional circumstances even though there has not been compliance with paragraphs 5(a) through 5(e). (I) Once proper notice of a hearing has been given, additional notice shall not be required for any continuance of that hearing. MCA Section 53-1-17(3) (1972)