Park County District Court, Montana Filing Timing and Cure Windows

CRITICAL

Briefs due on a specified date must be filed by 5:00 p.m.; filing later may result in the brief being disregarded and counsel being cited for contempt unless the Court approved an extension beforehand and the requesting party notified each party.

All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed by 5:00 p.m. by the date certain. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court's disregarding the brief and citing the delinquent party's attorney for contempt.

CRITICAL

A written court order or judgment must be presented to the Clerk for filing immediately after it is made.

When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.

CRITICAL

For motions under Rule 56(c)(2)(A), a party must request a hearing within 14 days after the reply-brief filing period expires or oral argument is waived.

Oral Arguments on motions under Rule 56(c)(2)(A), M.R.Civ.P. are waived unless a party requests a hearing within 14 days after the time for filing a reply brief has expired.

CRITICAL

Verified financial affidavits must be submitted within 30 days of the Respondent's first appearance.

Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.

CRITICAL

Proposed findings and conclusions must be submitted within 15 days after trial unless the Court orders otherwise.

Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court

CRITICAL

The required notice to the lower court and motion must be made promptly after the specified District Court action is filed.

When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.

CRITICAL

The required child-support financial affidavits must be submitted and filed before entry of any child-support order.

In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.

CRITICAL

The required public-assistance statement must be included in the Petition when the proceeding is begun.

The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.

CRITICAL

Within 90 days from the notice date, the personal representative must close the estate or file a status report explaining why it cannot yet be closed.

This Estate has been brought to the attention of this Court by the Montana Supreme Court which monitors whether estates have been closed within two years of being filed. Accordingly, in keeping with Local Court Rule 30, the Personal Representative will have a period of ninety 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.

CRITICAL

Parties must respond to a Court request for a status report in writing within 20 days.

Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within 20 days in writing.

CRITICAL

The Settlement Master or Mediator must submit a report within five days after the settlement conference or mediation, stating that it occurred and describing any issues settled.

Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.

CRITICAL

A written request for audio/visual coverage must be submitted to the presiding Judge no later than five days before the proceeding.

A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.

CRITICAL

In a civil case, each party must submit a Trial Position Statement at least 10 days before trial or by the deadline in the trial scheduling order.

At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.

WARNING

If a fully submitted motion has not been ruled on within 30 days, counsel may request that the Court review it.

If a motion is not ruled upon within thirty (30) days of the date the motion and all supporting and opposing briefs are fully submitted for ruling, counsel may request that the Court review the motion.

WARNING

The opposing party may object to the reasonableness of the claimed fees within 14 days.

The opposing party may file an objection as to the reasonableness of the fees claimed within 14 days.

INFO

In any other matter, counsel may submit a Trial Position Statement at least 10 days before the hearing.

In any other matter, counsel may submit a Trial Position Statement at least 10 days prior to hearing.