Ravalli County District Court, Montana Filing Timing and Cure Windows

INFO

Either party may file a reminder notice of issue if more than 90 days have passed since the matter became ripe for ruling.

If more than 90 days have passed since a matter became ripe for ruling, either party may file a reminder notice of issue.

INFO

Either party may file a notice of issue after briefing is complete and any requested oral argument has been heard.

When all briefs have been filed or the time for filing briefs has expired, and oral argument, if requested, has been heard, either party may file a notice of issue.

CRITICAL

Presentence investigations must be completed and their reports delivered to the Court and parties by the Court-set deadline, typically six weeks and no later than one business day before sentencing.

All presentence investigations must be completed and the subsequent reports delivered to the Court and parties by the deadline set by the Court (typically six weeks, but no less than one business day before sentencing).

CRITICAL

When a case with furnished bail is transferred from Justice or City Court to District Court, the bail must be delivered to the Clerk of Court when the transfer papers are filed.

When a Justice Court or City Court case in which bail has been set and furnished is transferred to District Court, bail must be delivered to the Clerk of Court at the time the papers transferring the case to District Court are filed.

CRITICAL

Deadline

7 calendar days

The original proposed findings and conclusions with a certificate of service must be filed no less than seven calendar days before the first day of trial or hearing.

In all non-jury trials and in other contested matters at the discretion of the Court, an original set of proposed findings of fact and conclusions of law must be filed with the Clerk of Court along with a certificate of service in compliance with M.U.D.C.R. 8. no less than seven calendar days prior to the first day of trial or hearing.

CRITICAL

After the request copies are handled as specified, the Justice Court must immediately transfer the bail to the District Court.

The Justice Court must endorse the proper information regarding the nature of the bail upon both copies of the request, one copy of which is to be retained for the Justice Court file and the other to be filed with the Clerk of Court; and must immediately transfer the bail to the District Court as provided in (2) above.

CRITICAL

The annual jury database and accompanying certificate must be filed by July 1.

The Clerk of Court, as the County Jury Commissioner, must file by July 1 of each year an alphabetized computer database of potential jurors and their addresses along with an attached certificate signed by the Ravalli County Clerk and Recorder and the Ravalli County Commissioners that contains a description of the computerized random selection method employed to complete the list.

CRITICAL

The written request to transfer bail must be filed with the Justice Court at the same time the specified motion is filed.

Whenever the County Attorney files a motion for leave to file an information in District Court against a defendant whose bail has been set and furnished in Justice Court, the County Attorney must contemporaneously file a written request with the Justice Court to transfer the bail to District Court and must deliver two original copies of the request to the Justice Court.

CRITICAL

The Settlement Master must complete and file the Court-provided report form within five days after the settlement conference.

Within five days after the settlement conference, the Settlement Master must complete and file his or her report on a form provided by the Court to indicate that the conference was held and describe the issues, if any, that were settled.

CRITICAL

A party may object to a special master’s order in a criminal matter within 10 days after it is issued.

Under § 3-5-113(2)(d), M.C.A., within 10 days after issuance of an order by special master in a criminal matter, a party may object to the order as provided by rules of court and a district court judge shall make a de novo determination of that portion of the order to which objection is made.

CRITICAL

Written objections to supplemental proposed instructions are due at or before the final pretrial conference; they should be brief and must cite appropriate authority.

Objections to the opposing party’s supplemental proposed instructions must be submitted in writing at or before the final pretrial conference, should be brief, and must contain citations to appropriate authority.

WARNING

A four-week deadline will typically be set for disclosing witnesses for an affirmative defense and filing initial briefs supporting disclosed motions.

Typically, a four-week deadline will be set for the disclosure of witnesses pertaining to an affirmative defense and for the filing of initial briefs in support of disclosed motions.

WARNING

A party should file a motion before calendar preparation day to ensure a hearing is set on the next law and motion calendar.

To ensure that a hearing will be set on the next law and motion calendar, a party should file a motion prior to the calendar preparation day.