Carbon County District Court, Montana Filing Timing and Cure Windows

The Clerk files the original, but its filing date is deemed to be the date the facsimile was filed.

The original document shall be filed by the clerk and the date of filing shall be deemed to be the date of the filing of the facsimile transmission.

A facsimile 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.

A brief due on a specified date must be filed by 5:00 p.m. on 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.

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.

A matter cannot be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk.

No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

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

Applies to

Disclosure

An appropriate disclosure must be served and filed no later than 15 days before the Case Scheduling Conference, subject to the stated discovery-rule exceptions.

Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.

If an order’s original 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.

Deadline

5 working days

Unless the Court extends the time, the Clerk must receive the signed original within five working days of the facsimile filing or the facsimiled document will be stricken and have 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. It shall be the obligation of the party filing the facsimiled document to ensure the original is received by the clerk of court within the allotted five (5) working days.

Within five days after mediation is completed, the mediator must submit a report 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.

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.

Unless the defendant effectively waives it, the PSI must be completed and filed with the Court no later than 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.

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.

Deadline

48 hours

Counsel seeking to appear remotely must file a motion at least 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.

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 to avoid the Standing Master’s judgment becoming 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.

The opposing party must file a hearing request on the reasonableness of claimed attorney’s 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.