Oral Arguments
The majority of cases before the Montana Supreme Court are decided based upon the written briefs submitted by the parties for the Court's consideration. However, the Court may decide that a case requires further discussion, in addition to what the parties have argued in their written briefs. In such cases, the Court schedules specific dates and times to hear oral arguments in open session before the Court. Approximately 30 cases a year are scheduled for oral argument.
Oral arguments are tightly structured and timed. The counsel for the appellant (appealing party) is given a total of 40 minutes, and the respondent's counsel (party adverse to the appealing party) is allowed 30 minutes.
While this format allows the counsel brief opportunity to further develop their arguments, it also gives the Court an opportunity to ask questions of the attorneys on points which the Court needs clarification.
Finally, while the majority of oral arguments take place in the Montana Supreme Court Courtroom, located at 215 N. Sanders, Helena, Montana, the Court does schedule a few arguments to be heard in different cities around the Treasure State. All of the oral arguments are open to the public.
Click Here to view previous Oral Agruments
January 2008: No arguments scheduled.
February 2008: No arguments scheduled.
March 2008:
Cause No. & Title
OP 07-0132 MICHAEL BRADY; JOAN BRADY, Plaintiff and Appellant, v. PPL MONTANA, LLC, Defendant and Appellee.
ORAL ARGUMENT is set for Wednesday, March 5, 2008, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Justice Building, Helena, Montana.
April 2008:
Cause No. & Title
DA 06-0767 STATE OF MONTANA, Plaintiff and Appellee, v. RUSTY LEE-RAY RUSSELL, Defendant and Appellant.
ORAL ARGUMENT is set for Friday, April 11, 2008. Argument to be heard in the University Theater, University of Montana, Missoula, Montana, at 10:00 a.m. with an introduction to the oral argument beginning at 9:30 a.m. Argument will be limited to the double jeopardy issue only.
Cause No. & Title
DA 07-0376 JANELLE McDONALD, Charging Party, Respondent, and Appellant, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent, Petitioner and Appellee.
ORAL ARGUMENT is set for Monday, April 28, 2008, at 10:00 a.m. in Strand Union Building, Ballroom A on the campus of Montana State University, Bozeman, Montana, with an introduction to the oral argument beginning at 9:30 a.m.
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