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Judicial Branch
Oral Argument Schedule
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.
January 2010:
DA 09-0214 DIANE MORIGEAU, personally and as Personal Representative of the Estate of Benjamin F. Morigeau, Sr., Plaintiff and Appellant, v. DAVID GORMAN, M.D., NORTHWEST HEALTHCARE CORPORATION, a Montana Corporation d/b/a POLSON FAMILY MEDICAL CLINIC, ST. PATRICK HOSPITAL AND HEALTH SCIENCES CENTER, a Montana Corporation d/b/a INTERNATIONAL HEART INSTITUTE OF MONTANA, Defendants and Appellees.
ORAL ARGUMENT is set for Wednesday, January 13, 2010, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Appellant is granted 25 minutes for argument and Appellee is granted 20 minutes for argument.
DA 09-0131 NORTHERN CHEYENNE TRIBE, a federally recognized Indian tribe, TONGUE RIVER WATER USERS' ASSOCIATION, and NORTHERN PLAINS RESOURCE COUNCIL, INC., Plaintiff-Intervenor and Appellants, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY; RICHARD OPPER, in his official capacity as Director of the Montana Department of Environmental Quality; and FIDELITY EXPLORATION & PRODUCTION COMPANY, Defendants and Appellees.
ORAL ARGUMENT is set for Wednesday, January 13, 2010, at 1:30 p.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Appellant is granted 40 minutes for argument and Appellee is granted 30 minutes for argument.
DA 09-0115 PERRY ASHBY and KATHERINE ASHBY, Plaintiffs and Appellants, v. PHILLIP MAECHLING, SANDRA ALCOSSER, and HARVE L. DALTON, Defendants, and Appellees, and Cross-Appellants.
ORAL ARGUMENT is set for Wednesday, January 20, 2010, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Both Appellants and Appellees/Cross-Appellants are granted 25 minutes each for argument.
DA 09-0242 ELEANOR MONROE, Individually and as the Personal Representative of the Estate of Hugh Monroe, Plaintiff and Appellant, v. COGSWELL AGENCY and SAFECO INSURANCE COMPANY of ILLINOIS, Defendants and Appellees.
ORAL ARGUMENT is set for Wednesday, January 20, 2010, at 1:30 p.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Appellant is granted 30 minutes for argument and Appellee is granted 25 minutes for argument.
OP 09-0609 JEREL DRIVER, et al., Petitioners, v. THE SENTENCE REVIEW DIVISION OF THE SUPREME COURT OF THE STATE OF MONTANA, Respondent.
ORAL ARGUMENT is set for Wednesday, January 27, 2010, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Petitioners are granted 25 minutes for argument and Respondent Attorney General is granted 20 minutes for argument.
DA 09-0471 STATE OF MONTANA, Plaintiff and Appellee, v. JAYDEE HAAGENSON, Defendant and Appellant.
ORAL ARGUMENT is set for Wednesday, February 24, 2010, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Appellant is granted 30 minutes for argument and Appellee is granted 25 minutes for argument.
DA 09-0389 BRET McKENNEY and NORTH STAR AMUSEMENTS, INC., Plaintiffs and Appellants, v. COOPER POWER SYSTEMS, Defendant and Appellee.
ORAL ARGUMENT is set for Wednesday, February 24, 2010, at 1:30 p.m. in the Courtroom of the Montana Supreme Court, Helena, Montana. Appellants are granted 30 minutes for argument and Appellee is granted 25 minutes for argument.