Garfield County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A faxed or electronically transmitted document 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.

CRITICAL

A matter cannot be heard on the Law and Motion calendar until relevant supporting documents are filed and opposing parties are served.

No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.

CRITICAL

Except for good cause, a motion for continuance is due on the date three weeks before the jury trial begins.

Except for good cause, any motion for continuance is due on this date.

CRITICAL

The applicable court rules and statutes govern the time allowed for a response or objection.

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.

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 must consult before the omnibus hearing, and the omnibus form must be submitted for Court approval on the date set for that hearing.

Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.

CRITICAL

Briefs subject to 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

Parents of minor children must complete the court-sanctioned parenting education program before the final hearing, final dissolution decree, or final parenting plan is issued.

All parents of minor children shall satisfactorily complete the parenting education program sanctioned by the Sixteenth Judicial District Court prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan.

CRITICAL

Applies to

Crime lab jvn testimony motion

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.

CRITICAL

In a civil action, plaintiff’s or petitioner’s counsel must file a written request for a scheduling conference or order within 120 days after the complaint, unless all parties stipulate otherwise and the Court deems an 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 written trial-status notice is due at least three weeks before commencement of a civil or criminal jury trial.

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.

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

Deadline

10 business days

Applies to

Response or objection to crime lab jvn testimony

A response or objection to Crime Lab testimony by JVN must be filed within 10 business days and 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.

CRITICAL

The opposing party must file any objection within 14 days, with 3 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

Deadline

1 hours

Applies to

Jvn appearance or testimony motion

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.

WARNING

A granted withdrawal becomes effective 14 days after the court order.

Once withdrawal as counsel is granted, the withdrawal becomes effective fourteen (14) days following the date of the court Order.