How to Request a Continuance in Montana Small Claims Court

Montana small claims hearings are scheduled within 40 days of the complaint being filed, and the timeline doesn't leave much room. If you're a defendant who genuinely can't make the hearing date — a medical issue, a work obligation you can't reschedule, a family emergency — you can request a continuance. But the process is more formal than most people expect, and getting it wrong means a default judgment.

How to File a Continuance Request

The request must be in writing and filed with the Justice Court clerk before the hearing date. A phone call to the clerk's office doesn't count. An email to the judge is not an official filing unless your Justice Court's local rules authorize email filings.

Your written request should include:

• Your name and the case number
• The currently scheduled hearing date
• The specific reason you need a postponement
• Suggested alternative dates when you're available
• Proof that you've notified the plaintiff about the request (or a copy of the request you've mailed or served on them)

File it as early as possible and give notice to the opposing party. County court instructions may specify additional requirements.

What the Judge Considers

The Justice of the Peace decides whether to grant the request. Park County's guidance requires a written request with notice to the opposing party; check your local court's instructions for any additional requirements. A medical, work, or family conflict does not guarantee a postponement.

The Critical Mistake: Assuming It's Granted

Filing a continuance request does not postpone the hearing. The hearing remains on the calendar unless and until the judge signs a written order granting the continuance. If you file the request and then don't show up on the original date — assuming it was granted — you'll get a default judgment entered against you.

After filing, follow up with the clerk to confirm whether the judge has ruled on your request. If you haven't received a written order by a few days before the hearing, call the clerk's office and ask. If the order hasn't been signed, you need to appear on the original date.

What If the Hearing Is Tomorrow

If you're facing a hearing tomorrow and have a genuine emergency, contact the clerk's office promptly to ask how your court accepts a written request and how to notify the plaintiff. No verbal assurance from the clerk cancels the hearing — only a signed order from the judge does that.

If you absolutely cannot appear and the judge hasn't granted a continuance, missing the hearing can result in a default judgment. A motion to set aside is generally filed within 30 days after entry of judgment; the rules also refer to seeking relief for good cause. The motion must show grounds such as excusable neglect or lack of proper service.

The Montana Small Claims Response Guide includes a deadline tracker and hearing preparation timeline that accounts for continuance scenarios and the compressed small claims schedule.

See more Montana guides →