Rosebud County District Court, Montana Filing Timing and Cure Windows

CRITICAL

A faxed or electronically transmitted filing is filed on the date and time the Clerk receives it.

B. The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.

CRITICAL

The opposing party must file any objection within 14 days, with 3 additional days allowed for mailing.

Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.

CRITICAL

Briefs must be filed by their required dates, and extension requests must be filed and served before the due date; late briefs may be struck and sanctioned.

I. All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date. Any requests for an extension of time shall be filed and served prior to the due date. The Court may strike briefs not filed in a timely manner and impose other appropriate sanctions.

CRITICAL

Applies to

Motion for crime lab JVN testimony

For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial.

For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial.

CRITICAL

A party who obtains an Order or Arrest Warrant directly from the Court must immediately present it to the Clerk for filing.

G. When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.

CRITICAL

Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required fee.

E. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.

CRITICAL

Deadline

10 business days

Applies to

Response or objection to crime lab JVN testimony

A response or objection to Crime Lab testimony via JVN must be filed within 10 business days after the motion and state whether a genuine issue exists concerning the analysis or procedure.

Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.

CRITICAL

Deadline

1 hours

Applies to

Motion for JVN appearance or testimony

A motion for JVN appearance or testimony must be filed as early as practical and no less than one hour before the hearing, even if all parties consent.

In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing. (See deadline herein specific to Crime Lab testimony via the JVN system.)

CRITICAL

Except for good cause, a motion to continue a civil or criminal jury trial is due on the date, at least three weeks before trial, when counsel must notify the Clerk whether trial will proceed as docketed.

At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.

CRITICAL

In a civil action, plaintiff’s or petitioner’s counsel must file a written request for a scheduling conference or order within 120 days after the Complaint, unless all parties stipulate otherwise and the Court finds an order unnecessary.

A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.

WARNING

An approved withdrawal becomes effective 14 days after the court order.

Once withdrawal as counsel is granted, the withdrawal becomes effective fourteen (14) days following the date of the court Order.