Montana § 27-34-104 - Stay

§ 27-34-104. Stay

Stay. (1) Except as otherwise provided in subsections (4) through (8), on the filing of a motion under 27-34-103 : (a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under 27-34-103 . (2) A stay under subsection (1) remains in effect until entry of an order ruling on the motion under 27-34-103 and expiration of the time under 27-34-109 for the moving party to appeal the order. (3) Except as otherwise provided in subsections (5) through (7), if a party appeals from an order ruling on a motion under 27-34-103 , all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal. (4) During a stay under subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under 27-34-107 (1) and the information is not reasonably available unless discovery is allowed. (5) A motion under 27-34-110 for costs, attorney fees, and expenses is not subject to a stay under this section. (6) A stay under this section does not affect a party's ability voluntarily to dismiss a civil action or part of a civil action or move to sever a civil action. (7) During a stay under this section, the court for good cause may hear and rule on: (a) a motion unrelated to the motion under 27-34-103 ; and (b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. (8) The stay provided for in this section does not apply to actions for a temporary or permanent order of protection as set forth in Title 40, chapter 15.