Fergus County District Court, Montana Filing Timing and Cure Windows

CRITICAL

Unless the court grants leave, the ordinary brief limit controls, and the Clerk will refuse an overlength brief without a court order.

Unless leave of Court is granted, the above rule controls. The Clerk of Court will refuse to file overlength briefs without a Court order.

CRITICAL

For a transmitted filing, the filing date and time are the date and time the Clerk of Court receives it.

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

WARNING

The Clerk of Court may refuse to file a petition or responsive documents if the sensitive case form is not submitted.

If a sensitive case form is not submitted, the Clerk of Court may refuse to file the petition or responsive documents.

CRITICAL

Status reports for matters filed in Bankruptcy Court must be filed annually.

Status Reports for matters which have been filed in Bankruptcy Court shall be filed on an annual basis.

CRITICAL

Parties must comply with scheduling-order dates, and documents submitted after a required filing date may be filed only with leave of the Court.

The Court's scheduling orders shall be complied with as to specific dates set forth in the scheduling orders. If documents are submitted to the Clerk of Court in violation of the Court's Scheduling Order, i.e., beyond the required filing date, such documents shall be filed only with leave of the Court.

CRITICAL

The annual accounting is due one calendar year after the order is issued.

Such annual accounting is due one calendar year from the date the order is issued.

CRITICAL

The notice of issue is due after all motions have been fully briefed.

The moving party is required to file a notice of issue after all motions have been fully briefed.

CRITICAL

Settlement documents must be filed within 30 days.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Notice of a bankruptcy protection filing must be given to the Court immediately.

Should a party file for protection in Bankruptcy Court, that party shall immediately notify the Court in writing of the filing and provide a copy of the bankruptcy cover sheet.

CRITICAL

Deadline

2 business days

A motion for a Zoom appearance must be filed at least two business days before the hearing.

Motions for Zoom appearances must be filed at least two (2) business days prior to the hearing.

CRITICAL

If an examination is ordered on the defendant's motion, defense counsel must ensure the examination report is timely filed.

Should examination be ordered upon Defendant's motion, defense counsel shall be responsible to assure a report of examination under Mont. Code. Ann. § 46-14-206, is timely filed.

CRITICAL

If leave to amend or supplement is granted, the party must promptly submit the amended pleading for filing because the Clerk will not file the attached exhibit.

If leave is granted, the party must promptly file the pleading. If leave is granted counsel must submit the amended document for filing, the Clerk of Court will not file the attached exhibit.

CRITICAL

Discovery deadlines must be followed.

Discovery deadlines are to be followed.

CRITICAL

Deadline

14 calendar days

When directed to prepare an order after a hearing, a party must submit the proposed document within 14 calendar days of the hearing unless the Court sets a different deadline.

When directed by the Court to prepare an order after hearing, the party shall submit the proposed document within fourteen (14) calendar days of the hearing, unless a different deadline is established by the Court.

CRITICAL

The sensitive case form must be filed at the time the specified petition is filed.

At the time of filing a petition for dissolution, invalidity of marriage, petition for legal separation, or petition for parenting plan the Petitioner or the Co-Petitioners shall file a sensitive case form

CRITICAL

Within 90 days after the notice, the Personal Representative must close the estate or file a status report explaining why it is not yet ready to close.

Accordingly, in keeping with the Local Court Rules the Personal Representative will have a period of ninety (90) days from the date of this Notice to either close the estate, or in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed.

CRITICAL

If the defendant is incarcerated, the Information must be filed no later than five days after the Order.

If a Defendant is incarcerated, the Information shall be filed no later than five (5) days following the Order, otherwise there are calendaring issues for speedy trial.

WARNING

After a court-directed document is returned as undeliverable, the attorney or self-represented party must provide a written current address for service within 60 days to avoid possible dismissal without prejudice.

The Court may dismiss a matter without prejudice if a document directed to the attorney or self-represented party by the Court or the Clerk of Court has been returned as not deliverable and the Court or Clerk of Court fails to receive within sixty (60) days of this return a written communication from the attorney or self-represented party indicating a current address for service.

WARNING

Charging documents should be submitted as soon as possible after the Order Granting Leave to Information is filed.

The Information or other charging documents shall be submitted as soon as possible following the filing of the Order Granting Leave to Information.

WARNING

Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.

Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.

WARNING

If an appellant’s brief is not timely filed, the Court may dispose of the appeal as the ends of justice dictate, including by dismissing it.

If the Appellant’s brief is not timely filed, the appeal is subject to the Court disposing of the matter as the ends of justice dictate, including issuance of an order dismissing the appeal.

WARNING

If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.

If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.

WARNING

The response or objection period is governed by the MUDCR, the Montana Rules of Civil Procedure, and applicable specific statutes.

Timelines established by the MUDCR, the M. R. Civ. P., and applicable specific statutes govern the time to be allowed for any response or objection.

WARNING

Deadline

48 hours

In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.

In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.

WARNING

The Order Setting Trial will set an initial discovery deadline.

An initial discovery deadline will be set in the Order Setting Trial.

WARNING

If a scheduling order requires a trial brief, counsel may present and serve it at least two days before the pretrial conference, and it should state the case theory, issues, and supporting authorities.

If required by the scheduling order, at least two (2) days before the pretrial conference of any cause, counsel may present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the laws of the case and in support of the introduction of evidence proposed to be offered.

WARNING

The Order Setting Trial will set the deadline for omnibus disclosures.

A deadline for omnibus disclosures will be set in the Order Setting Trial.