Missoula 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).

INFO

Once all briefs are filed or the briefing period expires, either party may file a Notice of Issue indicating that the matter is ready for a ruling.

When all briefs have been filed, or the time for filing of briefs has expired, either party may file a "Notice of Issue" with the Court indicating that the matter is ready for ruling by the Court.

CRITICAL

All motions must be filed four months from the date of the order.

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

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

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

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

CRITICAL

The nonresident attorney’s association with Montana counsel must occur at the first appearance or within ten days thereafter, and before further proceedings.

An attorney seeking to be admitted to practice before this Court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest Courts of another State, must at the time of his/her first appearance in a District Court in Montana, or within ten days thereafter, and before any further proceedings are had in the matter, join with, of record, an attorney who is admitted to practice in Montana and who is a resident of Montana.

CRITICAL

Applies to

Conference certification

The conference certification and settlement status must be submitted within ten days after the lawyers resolution 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

The written instrument must be presented to the clerk at the time the Court grants judgment.

In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the Court, the clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date.

CRITICAL

The parties must exchange exhibits and final witness lists by the date set in the scheduling order.

5. __________________________: Exchange exhibits and final witness lists.

CRITICAL

Suppression motions must be filed before trial to preserve an objection to admission of 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

The plaintiff must furnish defense counsel the names and addresses of its expert witnesses by the date set in the scheduling order.

2. __________________________: Names and addresses of Plaintiff's expert witnesses must be furnished to defense counsel on or before this date.

CRITICAL

Applies to

Pretrial order

The pretrial order deadline is seven months from the filing of an appearance unless extended by motion and order of the judge.

Upon filing of an appearance by one or more Defendants, the Judge to whom the case is assigned shall direct the mailing of a scheduling order to the parties or their attorneys of record. 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

Deadline

5 business days

The Notice is due within five business days after CSSD assigns a case 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

In a jury case, proposed jury instructions must be exchanged and submitted five days before trial.

Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to 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 filing and service of the Standing Master’s dispositive order starts the 10-day period in which a party may file and serve objections.

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).

CRITICAL

The proposed findings and conclusions are due three days before trial, unless the Judge orders a different deadline.

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 opposing party must file objections and request a hearing within ten days after the fee affidavit, or waive the right to a hearing on fees.

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

The Settlement Master must submit a report to the court within five 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

Deadline

24 hours

The written request to place a matter on the law and motion calendar is due at least 24 hours before the hearing.

Matters may be placed on the law and motion calendar only upon written request to the scheduling clerk at least 24 hours in advance of the hearing date.

CRITICAL

If no objections are filed within 10 days, the Standing Master’s findings, conclusions, order, or decree become the Court’s final order.

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.

CRITICAL

A matter cannot 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.

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

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

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

CRITICAL

The court must issue a scheduling order within 120 days after the complaint is filed.

Pursuant to Rule 16(b), M.R.Civ.P., it is the duty of the court to issue a scheduling order within 120 days of the filing of the complaint.

CRITICAL

Discovery closes and all exhibits and witness lists must be exchanged with opposing counsel three months from the date of the order.

Three months from the Discovery closes and all exhibits and lists of date of this order witnesses shall be exchanged with opposing counsel.

CRITICAL

Objections to a Final Decree of Dissolution that do not challenge the irretrievable-breakdown finding do not delay the finality of that provision or the dissolution.

Pursuant to Mont. Code Ann. § 40-4-108(1), the filing of objections to a Final Decree of Dissolution issued by the Standing Master that do not challenge the finding that the marriage is irretrievably broken will not delay the finality of that provision of the Decree and therefore the marriage remains dissolved in accordance with the Standing Master’s Order.

CRITICAL

The defendant must furnish plaintiff's counsel the names and addresses of its expert witnesses by the date set in the scheduling order.

3. __________________________: Names and addresses of Defendant's expert witnesses must be furnished to Plaintiff's counsel on or before this date.

CRITICAL

For an unsettled case, the settlement master must submit the Court-form conference report 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

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.

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

All pretrial motions and supporting briefs, including motions in limine and summary-judgment motions, must be filed and served on opposing counsel by the date set 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

The County Attorney must file a written bail-transfer request with Justice Court at the same time as filing the District Court motion.

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

The parties must apply for Montana 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

By the date set in the scheduling order, the moving party must have the motions heard or submitted on briefs and advise the court which applies or request a hearing.

7. _______________________: Hearings on motions or submission of the motions on briefs shall be accomplished by this date. It shall be the responsibility of the moving party to advise the court either that the motions are submitted on briefs or to request a hearing in

CRITICAL

The Pretrial Order must be completed and filed with the court 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.

CRITICAL

All parties must be joined and all pleading amendments filed by the date set in the scheduling order.

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

CRITICAL

In a jury case, proposed jury instructions must be exchanged and 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

The final Decree or Order must be submitted to the Clerk of Court before the matter is set for hearing.

Before a matter may be set for hearing, a final Decree or Order must be prepared for the Judge’s signature and submitted to the Clerk of Court to be lodged in the court file.

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

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

By the tenth day after publication of the trial calendar, parties in each unresolved case must take one or more of the listed steps, including requesting a change-of-plea setting, filing a continuance motion and speedy-trial waiver, or filing a jury request.

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

A settlement conference must be held in accordance with Rule 9 of the Local Rules two months from the date of the order.

Two months from the date of this order A settlement conference shall be held in accordance with Rule 9 of the Local Rules.

CRITICAL

Present the proposed order, decree, or judgment to the clerk before the hearing.

A proposed order, decree, or judgment shall be presented to the Clerk in accordance with Rule 3(D) before the time the matter is to be heard.

WARNING

Sentence-review filing deadlines are stayed during an appeal and apply again if the appeal is decided against you.

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.

WARNING

If the proposed Scheduling Order is not filed within 30 days of the order, the court will issue the attached Scheduling Order on its own initiative.

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.