Montana Law Week

The Weekly Digest of Montana Law

Deposition, tax lien, pro ses, email notices, service

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DEPOSITION rulings in tax lien case involving pro se Defendants, email notices, telephonic and in-person depositions, improper service by US, objections to questions… Defendants order to attend in-person depositions at Federal Courthouse, pay travel expenses of one US attorney and costs of stenographer… mitigating facts preclude US’ request for default… Molloy. [Read more…]

Guardianship/conservatorship, equity, attorney fees

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GUARDIANSHIP/CONSERVATORSHIP: Judge sitting in equity had authority to order reimbursements rather than require an audit… attorney fees properly denied for defense of guardian/conservator but should be awarded for services pertaining to administration of Estate… Allison affirmed, reversed (memorandum). [Read more…]

DUI, “hard interpretative work” as to aftermarket lights

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DUI: Deputy’s interpretation of statutes regulating low-intensity aftermarket lights on pickup was incorrect but mistake was reasonable because statutes are so ambiguous that overturning her traffic stop judgment requires hard interpretive work… conviction of resulting DUI affirmed… Olson affirmed (memorandum). [Read more…]