Montana Title 27. Civil Liability, Remedies, and Limitations § 27-34-104. Stay

(1) Except as otherwise provided in subsections (4) through (8), on the filing of a 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:

(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.