Daniels County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A party who obtains an Order or Arrest Warrant directly from the Court must present it to the Clerk of Court immediately for recording.

A party who obtains an Order or Arrest Warrant directly from the Court shall present it to the Clerk of Court immediately for recording.

CRITICAL

Briefs required by rule, regulation, or court order are due by 5:00 p.m. on the required date.

All briefs required by rule, regulation or by Court order to be filed by 5:00 p.m. on the required date.

CRITICAL

Documents transmitted electronically after 5:00 p.m. are filed on the next business day.

For filing purposes, if documents are transmitted electronically after 5:00 p.m., the date and time of filing shall be the next business day.

CRITICAL

The opposing party must file any objection within 14 days thereafter, with three additional days allowed for mailing.

Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.

CRITICAL

The completed Omnibus Hearing Memorandum is due no later than the Thursday before the scheduled hearing.

The parties shall file the completed Omnibus Hearing Memorandum no later than the Thursday before the scheduled Omnibus Hearing.

CRITICAL

Trial briefs are due as set by the pretrial order or before the first day of trial, but the presiding judge may waive one upon request and for good cause.

Trial briefs will be submitted as required in the pretrial order, or prior to the first day of trial. The presiding judge may waive a trial brief upon request and for good cause.

CRITICAL

Dispositive motions in criminal cases must be made within 60 days of arraignment.

Dispositive motions shall be made within sixty (60) days of arraignment.

WARNING

A party seeking an incarcerated defendant’s personal appearance must specifically request it sufficiently in advance for the Sheriff’s Office to arrange the defendant’s physical presence.

Parties seeking the personal appearance of the inmate at a hearing shall specifically request the personal appearance sufficiently in advance of the scheduled hearing to allow the Sheriffs Office to arrange for the inmate's physical presence.

WARNING

The presiding judge may appear by Zoom from the judge’s home county unless a party files a specific request for the judge’s personal appearance reasonably in advance of the hearing.

With the installation of video-teleconferencing throughout the Fifteenth Judicial District, the presiding judge may appear via Zoom (or similar applications) from his/her home county unless a party has filed, reasonably in advance of any hearing, a specific request for personal appearance of the Judge.