Cascade County District Court, Montana Filing Timing and Cure Windows

CRITICAL

Objections must be filed according to the briefing period established by these Rules, the Uniform District Court Rules, and the presiding court’s specific orders.

Objections shall be filed in accordance with the briefing period set forth in these Rules, the Uniform District Court Rules, and the specific orders of the presiding court.

CRITICAL

The written instrument must be presented to the Clerk when judgment is granted.

When judgment is entered on a written instrument, the instrument must be presented to the Clerk at the time judgment is granted.

CRITICAL

A motion is not deemed submitted until a Notice of Issue has been filed and served.

Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.

CRITICAL

A party moving for summary judgment must file a Statement of Undisputed Facts at the same time as the motion.

Any party moving for summary judgment must simultaneously file a Statement of Undisputed Facts.

CRITICAL

A written request to place a matter on the uncontested calendar is due by noon on the preceding Tuesday.

Parties shall make a written request to the Clerk to place specific matters on the uncontested calendar not later than noon on the Tuesday immediately preceding the Wednesday for which a hearing is sought.

CRITICAL

Complete proposed orders in pro se cases must be lodged by the preceding Tuesday deadline.

Complete proposed orders in pro se cases shall also be lodged not later than this day.

CRITICAL

The required omnibus hearing forms must be filed at the omnibus hearing.

These forms shall be filed at the omnibus hearing.

CRITICAL

Pre-trial motions and supporting briefs must be filed four weeks before trial.

All pre-trial motions with supportive briefs shall be filed 4 weeks prior to trial.

CRITICAL

After briefing is complete or the briefing deadline expires, at least one party must file a Notice of Issue stating that the motion is ready for a ruling.

When all briefs have been filed, or the time for filing briefs has expired, at least one party shall file a "Notice of Issue" stating that the motion is ready for ruling by the Court.

CRITICAL

After a contested matter is resolved, a written stipulation or appropriate pleading must be filed within a reasonable time and no later than 30 days after resolution.

A written stipulation or appropriate pleading shall subsequently be filed within a reasonable period of time, but in no event later than thirty (30) days from the date the matter was resolved.

CRITICAL

The written Acknowledgment and Waiver of Rights must be filed no later than the time of the guilty plea.

A written Acknowledgment and Waiver of Rights in substantially the form attached as Exhibit A shall be filed by defense counsel at or before the time of a guilty plea.

WARNING

If a judge has not ruled within 90 days after a motion’s submission, an affected party may file a notice describing the matter and the date it was taken under advisement; copies must go to chambers and all counsel, and to the original judge if the matter was referred to a Standing Master.

If a judge has not ruled on a motion within 90 days of its submission, any party affected thereby may file a notice, with a copy to the Court’s chambers and copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement. In matters that have been referred to a Standing Master, any reminder filed must also be copied to the original judge.