Lake County District Court, Montana Filing Timing and Cure Windows

Bail must be delivered to the Clerk of District Court when the case-transfer papers are filed.

a. At the time the papers transferring the case to the District Court are filed with the Clerk of District Court, the bail must also be delivered to the Clerk of District Court.

The settlement master must file the conference report within five days after the conference is completed.

Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Assistant to advise that the case has settled so that any action on court hearings or pending motions can be vacated and within five days file a report of the conference and its result.

Unopposed motions to continue or vacate a law-and-motion hearing are due by noon the day before the law-and-motion date.

All unopposed motions to either continue or vacate a hearing on the law and motion calendar must be filed with the Clerk of Court by Noon the day before law and motion.

For defendants in custody, the Order for Leave to File an Information must be filed within 10 days.

In a criminal proceeding the Order for Leave to File an Information must be signed and filed within 10 days for defendants in custody and within 30 days for defendants not in custody.

The Justice of the Peace must transfer the bail to the District Court forthwith.

c. The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail and must forthwith transfer the bail to the District Court as provided in a. or b. above.

Deadline

24 hours

The parties must provide the required notice no later than 24 hours before sentencing.

If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.

The County Attorney must file the bail-transfer request with the Justice of the Peace contemporaneously with filing the motion in District Court.

2. Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has the original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a Motion for Leave to File an Information direct, the following procedure must be compiled with: a. The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court;

The certification about the lawyers’ resolution conference is due within ten days after the conference.

Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers’ resolution conference was held and shall advise whether or not the case was settled.