Big Horn County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A fax filing is filed on the date and time the Clerk receives the transmission.

The date and time of receipt of the transmission by the clerk of court shall be the date and time of filing.

CRITICAL

Briefs with a date-certain deadline must be filed by 5:00 p.m. on or before that date.

All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed on or before 5:00 p.m. by that date.

CRITICAL

The sender must mail the original of a faxed document to the Clerk by first-class mail on the date of the fax transmission.

The sender shall, on the date of the facsimile transmission, mail the original of whatever is sent by facsimile to the clerk of court by first class mail.

WARNING

If leave to file is granted, the Clerk must file the lodged original forthwith.

If leave to file is granted, the Clerk of Court shall file the original forthwith.

CRITICAL

All orders, decrees, and judgments must be filed immediately after the Court signs them.

All orders, decrees and judgments shall be immediately filed following signature by the Court.

CRITICAL

Deadline

5 working days

The Clerk must receive the signed original within five working days of the fax filing unless the Court extends the time; otherwise, the faxed document is stricken and has no effect.

Unless an order of court is obtained extending the time, failure of the clerk to receive the signed original within five (5) working days shall cause the facsimiled document to be stricken and it shall be of no force or effect whatsoever.

CRITICAL

A party must file and serve written specific objections or apply to the district court for an extension within 10 days after service of notice of the findings and conclusions or order, or the Standing Master’s judgment becomes final.

Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.

CRITICAL

Counsel must tell the Court at least 14 days before trial whether the case will proceed to a jury trial, unless the Court orders another time; failure may result in the trial date being vacated and reset.

D. Counsel shall inform the Court no later than fourteen (14) days prior to trial regarding whether the cause will proceed to a jury trial, or at such other time that the Court may order. Failure to advise the Court shall be grounds for the Court to vacate and reset the trial date. The next regularly scheduled case shall then have priority for trial.

CRITICAL

Counsel must present an order to the Clerk immediately after the Court makes it.

When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel.

CRITICAL

An appropriate disclosure must be filed at least fifteen days before the Case Scheduling Conference.

Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.

CRITICAL

The mediator must submit a report within five days after mediation, stating that the conference was held and describing any issues settled.

C. Report of the Mediator. Within five (5) days of the completion of the mediation, the mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.

CRITICAL

The opposing party must file a request for a hearing on the reasonableness of the claimed fees within ten days thereafter.

The opposing party shall within ten (10) days thereafter file a request for a hearing on the reasonableness of the claimed attorney fees.

CRITICAL

Deadline

48 hours

Counsel seeking to appear remotely must file a motion no later than 48 hours before the hearing or conference.

If a counsel wishes to appear remotely, they must file a motion with the Court no later than forty-eight (48) hours prior to the date of the hearing or conference.

CRITICAL

Applies to

Pre sentence investigation report

Unless the defendant effectively waives it, the PSI must be completed and filed with the Court at least 10 days before sentencing.

Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.

CRITICAL

When the original order is taken out for service, a copy must be presented to the Clerk immediately upon signing.

A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk immediately upon the signing thereof.

CRITICAL

A written order or judgment must be presented to the Clerk for filing immediately after it is made.

When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.

INFO

The Court may receive additional proposed instructions on questions arising during trial until settlement of the jury instructions is complete.

The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.