Judith Basin County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A transmission is filed on 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.

CRITICAL

The requested civil order, judgment, or decree must be submitted through e-filing at the time of application.

The party requesting any civil order, judgment, or decree must present the same through e-filing at the time of application for such order.

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.

CRITICAL

An 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

Deadline

14 calendar days

When directed to prepare an order after a hearing, the party must submit the proposed document within 14 calendar days of the hearing unless the Court sets another 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 notice of settlement must be filed forthwith when the case settles before the trial date.

If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.

CRITICAL

When a case with bail furnished in Justice or City Court is transferred to District Court, the bail bond or cash bond must be transferred to the Clerk of Court by the initial appearance.

Whenever bail has been furnished to a Justice or City Court, and the cause is transferred to District Court, bail bond or cash bond is to be transferred to the Clerk of Court by the initial appearance.

CRITICAL

Notice must be filed upon discharge or confirmation of a bankruptcy reorganization plan that supersedes a claim in this Court.

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed

CRITICAL

If leave 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

Deadline

2 business days

Applies to

Zoom appearance motion

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

The written status report must be filed upon execution by the parties.

upon execution by parties, a written status report shall be filed with the Court.

CRITICAL

Settlement documents must be prepared and filed within 30 days.

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

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 the dates in scheduling orders, and documents submitted after a required filing date may be filed only with leave of court.

D. 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

Within ninety days of the notice, the personal representative must close the estate or file a status report explaining why it cannot yet be closed and estimating the time remaining.

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. Such Status Report shall include the estimated time remaining to close the Estate.

CRITICAL

A matter cannot be scheduled for hearing until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

No matter will be scheduled for hearing until the motion or other documentation, and all relevant supporting documents, have been filed with the Clerk of Court.

CRITICAL

Parties must follow discovery deadlines.

Discovery deadlines are to be followed.

CRITICAL

Charging documents should be submitted as soon as possible after the order, and an incarcerated defendant’s Information must be filed within five days after it.

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

CRITICAL

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.

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

The notice of issue must be filed 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

A notice of appearance is due immediately upon defense counsel’s assignment or reassignment.

Defense counsel shall immediately file a notice of appearance upon assignment or reassignment.

CRITICAL

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

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.

WARNING

If status reports are required and the parties do not file a status report within the allotted time frame the Court may dismiss the matter or issue further appropriate orders.

If status reports are required and the parties do not file a status report within the allotted time frame the Court may dismiss the matter or issue further appropriate orders.

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

Upon review of the record the Court may require a status report or other filings, or the action may be dismissed with or without prejudice by the Court on its own motion, after the giving of twenty (20) days notice of such intended dismissal, unless good cause shown.

Upon review of the record the Court may require a status report or other filings, or the action may be dismissed with or without prejudice by the Court on its own motion, after the giving of twenty (20) days notice of such intended dismissal, unless good cause shown.

WARNING

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

A. 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

If requested by the Court, a proposed order following a hearing should be submitted within 14 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

The Order Setting Trial will set an initial discovery deadline.

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

WARNING

A current service address must be provided in writing within sixty days after court correspondence is returned undeliverable to avoid possible dismissal.

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

If the 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

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

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

WARNING

A party must file an objection within the response time to prevent 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.