Phillips County District Court, Montana Filing Timing and Cure Windows

CRITICAL

The filer must ensure the signed original is timely received and filed; failure may result in the telefaxed document being struck and having no effect.

Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.

CRITICAL

A telefaxed document is filed on the date and time the Clerk of Court receives it.

The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.

CRITICAL

A scheduling order must be issued no more than 120 days after the complaint is filed.

Rule 16(b), M.R.Civ.P. requires a scheduling order to be issued no more than 120 days after filing of complaint.

CRITICAL

The petition must inform the requested agency that, within 20 days after service, it must deliver the requested information to the Court for in camera inspection or file a response.

The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.

CRITICAL

Unless effectively waived by the defendant, the PSI must be completed and filed with the Court no later than ten days before sentencing.

Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.

CRITICAL

Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.

Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.

CRITICAL

Settlement documents must be prepared and filed within 30 days.

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

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.

WARNING

The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.

The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.

WARNING

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.