Fallon County District Court, Montana Filing Timing and Cure Windows

A fax or electronic transmission is filed at the date and time the Clerk receives it.

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

The opposing party must file any objection within 14 days, 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.

At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.

At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.

Deadline

10 business days

Applies to

Response or objection to jvn crime lab testimony

A response or objection to proposed JVN crime-lab testimony must be filed within 10 business days after the motion and must state whether a genuine issue exists as to 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.

Deadline

1 hours

A JVN appearance or testimony motion must be filed as early as practical and at least one hour before the hearing, 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.

Applies to

Jvn motion for crime lab testimony

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.

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.

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.

Briefs 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.

A party obtaining 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.