Blaine County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A telefaxed document is filed when the Clerk of Court receives it.

The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.

WARNING

After receiving and confirming that the original matches the fax, the Clerk must file it and attach it to the faxed document.

Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document.

CRITICAL

The filer must ensure timely receipt and filing of the signed original; failure may result in the faxed filing being struck and having no effect.

Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.

CRITICAL

Unless a motion seeking protection has already been filed, the prosecution must make the cited disclosures within twenty days after the defendant’s request.

Unless motion is previously filed seeking protection, the prosecution shall make disclosure under § 46-15-322(1)-(4), MCA within twenty (20) days of Defendant’s request.

CRITICAL

Within twenty days after service, the requested agency must deliver the information for in camera inspection or file a response.

The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.

CRITICAL

Unless the defendant effectively waives it, the presentence investigation must be completed and filed no later than ten 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

Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.

Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.

CRITICAL

Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.

Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.

CRITICAL

Settlement documents must be prepared and filed within 30 days.

Once of record, the agreement is binding and enforceable. Within thirty (30) days, settlement documents must be prepared and filed.

WARNING

The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.

The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.