Petroleum County District Court, Montana Filing Timing and Cure Windows

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

For a transmission to the Clerk, the filing date and time are the date and time the Clerk 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

An overlength brief may not be filed with the motion seeking leave, and the Clerk will refuse it unless the Court has ordered otherwise.

Parties shall not file an overlength brief simultaneously with the motion seeking leave to file it. Unless leave of Court is granted, the above rule controls. The Clerk of Court will refuse to file overlength briefs without a Court order.

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

The written status report must be filed upon the parties' execution of the agreement.

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

CRITICAL

If leave to amend or supplement is granted, the party must promptly file the pleading.

If leave is granted, the party must promptly file the pleading.

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

The requested civil order, judgment, or decree must be submitted at the time of the 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.

CRITICAL

If the Defendant is incarcerated, the Information must be filed no later than five days after the Order.

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

Deadline

14 calendar days

When directed to prepare an order after a hearing, the party must submit it within 14 calendar days of the hearing unless the Court sets a different 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

After a court-directed document is returned undeliverable, the attorney or self-represented party must provide a written current address for service within 60 days to avoid possible dismissal without prejudice.

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.

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

Deadline

2 business days

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

When a case transfers from Justice or City Court to District Court, any bail 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

Documents submitted after a scheduling-order filing date may be filed only with leave of the Court.

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 90 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 to close it.

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

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

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

CRITICAL

Settlement documents must be prepared and filed within 30 days.

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

WARNING

If the Court requests a proposed order after a hearing, it should be submitted by e-filing or email to the Court Administrator within 14 days, 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

Parties must follow discovery deadlines.

Discovery deadlines are to be followed.

WARNING

Before dismissing an inactive civil action on its own motion, the Court must give 20 days’ notice; it may require a status report or other filing, and good cause may prevent dismissal.

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 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

Deadline

48 hours

(5) 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.

(5) 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

If the estate remains open 90 days after the notice and no status report gives adequate reasons, the file will be brought to the presiding judge for a show-cause hearing or other action.

If this Estate is not closed within ninety (90) days from the date of this Notice, and no Status Reports have been filed stating adequate reasons for why the Estate is not yet in a position to be closed, then this file will be brought to the attention of the presiding judge and the Court will schedule a show cause hearing or take appropriate action.

WARNING

Parties must comply with the specific dates in the Court's scheduling orders.

The Court's scheduling orders shall be complied with as to specific dates set forth in the scheduling orders.

WARNING

Applies to

Trial brief

If required by the scheduling order, counsel may present and serve a trial brief at least two days before the pretrial conference.

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

The Information or other charging documents should be submitted as soon as possible after the Order Granting Leave to Information is filed.

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

WARNING

If either party does not file an objection within the response time the Court will issue 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.

WARNING

A party seeking the Judge’s personal appearance must file a specific request reasonably in advance of the hearing; the Court may grant it if its calendar allows for travel time.

With the installation of video conferencing throughout the Tenth District the Judge will generally appear from Fergus County, unless a party has filed, reasonably in advance of any hearing, a specific request for personal appearance of the Judge. The Court may grant such request if the Court’s calendar can accommodate travel time.

WARNING

The deadline for omnibus disclosures will be specified in the Order Setting Trial.

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