Silver Bow County District Court, Montana Filing Timing and Cure Windows

WARNING

An order’s entry date is its filing date and must be shown by the clerk’s stamp, unless filed in open court.

The date of entry of any order shall be the same as the date of filing and shall be shown by the clerk’s stamp unless the order is filed in open court.

CRITICAL

The original of any fax-filed paper must be provided to the Clerk within five days of transmission.

The original copy of any papers filed by facsimile transmission shall be provided to the Clerk of Court within five (5) days of the facsimile transmission.

CRITICAL

In criminal cases, motions for Monday hearings must be filed by the preceding Monday, and motions for Friday hearings by the preceding Friday.

With criminal cases, motions for Monday hearings must be filed by the preceding Monday; motions for Friday hearings must be filed by the preceding Friday.

CRITICAL

All parties must provide the facilitator a settlement proposal at least five days before the conference.

At least five (5) days prior to the conference, all parties shall provide the facilitator a settlement proposal with the information listed below.

CRITICAL

Unless the court orders otherwise, the prevailing party must present a proposed order within 14 days after the decision; in domestic relations cases, both parties are responsible unless ordered otherwise.

Unless otherwise ordered by the court, all proposed orders shall be presented to the court within fourteen (14) days after the court’s decision. The prevailing party shall be responsible for such presentment, except in domestic relations court cases unless the court orders otherwise both parties shall bear the responsibility.

CRITICAL

If all required signatures cannot be obtained by day 14, the prevailing party must request a hearing no later than that day.

If the signatures of all parties entitled to notice cannot be obtained by the fourteenth day, the prevailing party shall, no later than the fourteenth day, request a hearing on the issue.

CRITICAL

Unless awarded in the final judgment, attorney fees must be requested by written motion within 10 days after the final judgment is filed.

Unless attorney fees are awarded in the final judgment, attorney fees shall be requested by written motion filed within ten (10) days after the final judgment is filed.

CRITICAL

Deadline

3 business days

Each party or counsel must submit a statement directly to the settlement master no later than three business days before the conference.

A statement from each party or counsel shall be submitted directly to the settlement master no later than three (3) business days prior to the conference.

CRITICAL

The Acknowledgment of Rights form must be filed on or before the date of arraignment.

1) Acknowledgment of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court on or before the date of arraignment.

CRITICAL

The submitting party must promptly file the signed order and mail or deliver endorsed copies to all parties entitled to notice.

The submitting party shall promptly file the counsel. order after it is signed and mail or deliver endorsed copies to all parties entitled to notice.

CRITICAL

The Plea of Guilty and Waiver of Rights form must be filed with the court at the time of a plea change.

2) Plea of Guilty and Waiver of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court at the time of a Plea Change.

CRITICAL

When findings are required under Rule 52, parties must file and serve proposed findings and conclusions at least five days before trial or hearing.

In all matters where the Court must enter findings of fact and conclusions of law pursuant to Rule 52, M.R.Civ.Pro., all parties shall file with the Court, and serve upon opposing counsel, at least five days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law.

CRITICAL

In criminal cases, both prosecution and defense must file pretrial motions within ten days after the information is filed and at least thirty days before trial, unless the court permits otherwise for good cause.

A. Unless for good cause the Court grants permission to proceed otherwise, all pre-trial motions in criminal cases, by both the prosecution and the defense, shall be filed within ten (10) days after the information is filed and in no event less than thirty (30) days prior to the date the case is set for trial.

CRITICAL

Objections to an attorney-fee motion must be filed within 15 days after service or they are deemed waived.

Parties objecting to the motion shall file objections within fifteen (15) days after service of the motion, or such objections shall be deemed waived.

WARNING

Motions filed after the stated criminal-case deadlines are scheduled on the next regular calendar unless the court orders otherwise.

Any motions filed after these deadlines will be scheduled on the next regular calendar, unless otherwise ordered by the court.

WARNING

The moving attorney must request a hearing date for pretrial motions at the earliest opportunity so that filing and hearing the motions do not delay trial.

B. The moving attorney shall request a hearing date for such motions at the earliest opportunity so that the filing and hearing thereon shall not delay trial.