Mineral County District Court, Montana Filing Timing and Cure Windows

CRITICAL

An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).

An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).

CRITICAL

The written bail-transfer request must be filed contemporaneously with the motion in District Court.

The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with Justice Court asking that the bail be transferred to the District Court;

CRITICAL

Bail must be delivered to the clerk when the case-transfer papers are filed.

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

CRITICAL

The conference certification and settlement status must be submitted 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.

CRITICAL

Motion hearings or submission of motions on briefs must be completed by the date specified in the scheduling order.

7. _______________________: Hearings on motions or submission of the motions on briefs shall be accomplished by this date.

CRITICAL

A written notice of appeal must be filed within 60 days after entry of the written judgment.

You must file a written notice of appeal within 60 days of the entry of the written judgment.

CRITICAL

In a jury case, proposed jury instructions must be submitted 5 days before trial.

Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to trial.

CRITICAL

The pretrial order deadline is seven months after an appearance is filed, unless the judge extends it by motion and order.

The scheduling order shall direct that the deadline for filing of the pretrial order shall be seven months from the date of filing of an appearance, unless extended upon motion and order of the Judge.

CRITICAL

All motions must be filed four months from the date of the Scheduling Order and briefed under the schedule in Rule 2(a) of the Uniform District Court Rules.

Four months from the All motions must be filed and shall be briefed date of this order in accordance with the schedule provided in Rule 2(a) of the Uniform District Court Rules.

CRITICAL

The original and copy of the proposed findings and conclusions must be submitted to the Clerk 3 days before trial, unless the Judge orders otherwise.

An original and one copy (for the Judge's use) of the Proposed Findings of Fact/Conclusions of Law are to be submitted to the Clerk of Court three days prior to trial or as ordered by the Judge.

CRITICAL

The motion or other documentation and all relevant supporting documents must be filed with the clerk before a matter can be set on the law and motion calendar.

No matter may be set on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the clerk.

CRITICAL

Answer briefs and reply briefs must follow the schedule in Rule 2(a) of the Uniform District Court Rules.

Filling of answer briefs and reply briefs shall comply with the schedule provided by Rule 2(a) of the Uniform District Court Rules.

CRITICAL

The agreed Court-approved omnibus form must be submitted for final approval before the omnibus hearing.

Prior to the time set for omnibus hearings, counsel for the prosecution and defense shall meet privately and attempt to stipulate to a Court-approved omnibus form which shall be submitted for final approval by the Court prior to the date of the omnibus hearing.

CRITICAL

Unless the Court orders otherwise, the pretrial order filing date must be after pretrial motions are filed and before the master-supervised settlement conference.

Unless otherwise ordered by the Court, the time set for filing the pretrial order shall be after pretrial motions have been filed but before the master-supervised settlement conference is held pursuant to Rule 9 of these rules.

CRITICAL

All discovery must be completed by the date specified in the scheduling order.

4. __________________________: All discovery in this matter shall be completed on this date.

CRITICAL

The opposing party must file objections and request a hearing within 10 days after the affidavit is filed and served; failure to do so waives the right to a fee hearing.

The opposing party shall, within ten (10) days thereafter, file objections and a request for a hearing thereon. Failure to file such an objection and request shall be deemed a waiver of the right to a hearing on fees.

CRITICAL

Deadline

3 business days

Each party must submit a settlement statement to the Settlement Master at least three business days before the conference.

Each party shall submit to the Settlement Master at least three (3) business days before the conference a settlement statement of not more than five (5) pages.

CRITICAL

Filing and service of the Standing Master’s dispositive order starts a 10-day period in which a party may file and serve objections; absent objections within that period, the findings, conclusions, order, or decree become the Court’s final order.

The filing and service of a dispositive order of the Standing Master shall trigger the beginning of the 10-day in which a party may file and serve objections pursuant to Mont. Code Ann. § 3-5-126(2). If no objections are filed within the 10 days, the Standing Master’s findings of fact and conclusions of law and/or order or decree are the final order of the Court. Mont. Code Ann. § 3-5-126(2).

CRITICAL

For a case that does not settle, the settlement master must submit a conference report on a Court-provided form within five days after the conference.

Within five days of the completion of the master-supervised settlement conference, the settlement master shall submit, on a form provided by the Court a report of the conference and its result.

CRITICAL

All parties must be joined and amendments to the pleadings filed by the date specified in the scheduling order.

1. __________________________: All parties are to be joined and all amendments to the pleadings are to be filed.

CRITICAL

Proof of attendance must be filed before the case can proceed to final hearing.

The case cannot proceed to final hearing until proof of attendance from each party has been filed in the case record.

CRITICAL

The proposed Scheduling Order must be filed within 30 days of the order; otherwise, the court will issue the attached Scheduling Order on its own motion.

If the proposed Scheduling Order is not filed with the court within 30 days of the date of this Order, the court will issue the attached Scheduling Order sua sponte.

CRITICAL

All pretrial motions, including motions in limine and summary judgment motions, and their supporting briefs must be filed by the date specified in the scheduling order.

6. __________________________: All pretrial motions, including motions in limine and motions for summary judgment, along with supporting briefs, shall be filed and served on opposing counsel on or before this date.

CRITICAL

Within ten days after publication of a trial calendar, the parties must negotiate in good faith and by the tenth day take one or more of the listed case-resolution or trial-setting actions.

Within ten days of publication of the trial calendar in any department, the prosecutor and the defense counsel shall enter into good faith plea bargaining negotiations in each case not yet resolved. By the 10th day, the parties in each case must: a) request that the case be set on the calendar for change of plea; b) file a motion to continue over term and a waiver of speedy trial; c) file a Request for Calling of Jury which will notify the Court that no plea- bargained resolution is contemplated; and/or d) if a specific trial date is established by the Court other pretrial deadlines may be established.

CRITICAL

The registry and vital statistics form must be submitted before the court takes any final action on the dissolution or annulment.

The parties to a dissolution of marriage (or annulment of marriage) action shall complete and submit to the clerk a current Montana State Case Registry and Vital Statistics Reporting Form prior to the court taking any final action on the dissolution/annulment.

CRITICAL

The parties must apply for CSSD services within 14 days of the order.

The parties must apply for services with the Montana CSSD within 14 days of this Order.

CRITICAL

Deadline

5 business days

The parties must file a notice of the CSSD case number within five business days after CSSD assigns the number.

The parties must file a Notice with the Court of the CSSD case number within 5 business days of CSSD assigning a case number.

CRITICAL

All parties must be joined and amendments to the pleadings must be filed one month from the date of the Scheduling Order.

One month from the All parties must be joined and amendments to the date of this order pleadings filed.

CRITICAL

In a jury case, proposed jury instructions must be submitted five days after the Settlement Master's report is submitted to the court.

Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days after submission of the Settlement Master's report to the court.

CRITICAL

Unless the Court orders otherwise, proposed jury instructions in civil cases must be presented to the Court and served on each adverse party within five days before trial.

Unless otherwise ordered by the court, proposed jury instructions in a civil case shall be presented to the Court and served upon each adverse party within five days prior to the trial set by the Court.

CRITICAL

Suppression motions must be filed before trial to preserve an objection to the evidence at trial or on appeal.

Failure to file these suppression motions pre-trial means that you cannot complain at trial or on appeal that the evidence should not have been admitted at your trial.

CRITICAL

Discovery must be completed and the Pretrial Order filed within seven months of the order, unless the court allows more time for good cause.

Preliminary Note: Discovery shall be completed and the Pretrial Order filed within seven (7) months of the date of this Order unless, for good cause shown, the court allows a longer period.

CRITICAL

The Settlement Master must submit a report to the court within 5 days after the settlement conference is completed.

The Settlement Master shall submit a report to the court within 5 days of completion of the conference.

CRITICAL

The Pretrial Order must be completed and filed five months from the date of the order.

Five months from the The Pretrial Order shall be completed and filed date of this order with the court, prepared pursuant to Rule 5 of the Uniform District Court Rules.

WARNING

You are responsible for completing all pretrial procedures on time.

You are responsible for timely completion of all pretrial procedures.

WARNING

Appellate briefs must be filed in accordance with the applicable deadlines.

There are deadlines for filing briefs that you must follow.

WARNING

An Omnibus Hearing Memorandum should be prepared and filed prior to the omnibus hearing.

An Omnibus Hearing Memorandum should be prepared and filed prior to the omnibus hearing.

WARNING

Sentence-review filing deadlines are stayed while an appeal is pending and apply if the appeal is decided against the defendant.

There are deadlines for filing for review of your sentence, but the deadlines are stayed if you have appealed. If your appeal is decided against you, the deadline is in place.

INFO

The Court may receive additional proposed instructions concerning questions arising during trial any time before settlement of the jury instructions is complete.

The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.