Carter County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A party who obtains an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.

When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.

CRITICAL

Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required fee.

Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.

CRITICAL

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

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

CRITICAL

A fax or electronic transmission is filed on the date and time the Clerk of Court receives it.

The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.

CRITICAL

Deadline

1 hours

A JVN appearance or testimony motion must be filed as early as practical and, in every instance, at least one hour before the hearing begins, even if all parties consent.

In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.

CRITICAL

A brief with a specified filing date must be filed by that date.

All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.

CRITICAL

Deadline

10 business days

A response or objection to Crime Lab testimony via JVN must be filed within 10 business days after the motion and state whether a genuine issue exists concerning the analysis or procedure.

Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.

CRITICAL

Crime Lab forensic testimony may be offered by JVN during a criminal trial for good cause, and the motion for leave must be filed at least 30 days before trial unless good cause supports an exception.

For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.

CRITICAL

Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.

Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.

CRITICAL

The opposing party must file any objection to an attorney-fee affidavit within 14 days, with three additional days allowed for mailing.

Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim. Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.

WARNING

Response and objection deadlines are governed by the applicable Uniform District Court Rules, Rules of Civil Procedure, and statutes.

Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.