Stillwater County District Court, Montana Filing Timing and Cure Windows

CRITICAL

The Clerk files the original, but the filing date is deemed to be the date of the facsimile transmission.

The original document shall be filed by the clerk and the date of filing shall be deemed to be the date of the filing of the facsimile transmission.

CRITICAL

Briefs due on a date certain must be filed by 5:00 p.m. that day; a late filing may be disregarded or sanctioned unless the Court approved an extension beforehand and the requesting party notified each party.

All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed on or before 5:00 p.m. by that date. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court’s disregarding the brief and/or subject counsel to an appropriate sanction.

CRITICAL

A matter may not be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

CRITICAL

A facsimile filing is filed on the date and time the Clerk receives the transmission.

The date and time of receipt of the transmission by the clerk of court shall be the date and time of filing.

CRITICAL

Deadline

5 working days

The signed original must reach the Clerk within five working days after the facsimile filing; otherwise the facsimiled document will be stricken and have no effect, unless the Court extends the time.

Unless an order of court is obtained extending the time, failure of the clerk to receive the signed original within five (5) working days shall cause the facsimiled document to be stricken and it shall be of no force or effect whatsoever. It shall be the obligation of the party filing the facsimiled document to ensure the original is received by the clerk of court within the allotted five (5) working days.

CRITICAL

The mediator must submit a report within five days after mediation, stating that the conference was held and describing any issues settled.

C. Report of the Mediator. Within five (5) days of the completion of the mediation, the mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.

CRITICAL

Dispositive motions must be made as directed in the Omnibus Hearing Order.

Dispositive motions shall be made as directed in the Omnibus Hearing Order.

CRITICAL

Every party must file an appropriate disclosure at least fifteen days before the Case Scheduling Conference.

Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.

CRITICAL

After arraignment, the State or defendant may make any motion permitted under the Montana Rules of Criminal Procedure, and the moving party must notice it for hearing.

The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and said motion shall be noticed for hearing by the moving party.

CRITICAL

A written order or judgment must be presented to the Clerk for filing immediately after it is made.

When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.

CRITICAL

Counsel must present an order to the Clerk immediately after the Court makes it.

When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel.

CRITICAL

A party must file written specific objections or apply for an extension within 10 days after service of notice of the findings, conclusions, or order to prevent the Standing Master’s judgment from becoming final.

Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.

CRITICAL

The opposing party must file a request for a hearing on the reasonableness of claimed attorney fees within ten days; otherwise, the right to a fees hearing is waived.

The opposing party shall within ten (10) days thereafter file a request for a hearing on the reasonableness of the claimed attorney fees. The attorney fees hearing will not consider whether attorney fees are appropriate, but rather will be limited to whether the amount of fees claimed are reasonable. Failure to file such a request shall be deemed a waiver of right to a hearing on fees.

CRITICAL

Orders, decrees, and judgments must be filed immediately after the Court signs them.

All orders, decrees and judgments shall be immediately filed following signature by the Court.

CRITICAL

Deadline

48 hours

Counsel seeking to appear remotely must file a motion no later than 48 hours before the hearing or conference.

If a counsel wishes to appear remotely, they must file a motion with the Court no later than forty-eight (48) hours prior to the date of the hearing or conference.

CRITICAL

Counsel must present the written order, judgment, or decree when applying for it.

It shall be the duty of counsel obtaining any order, judgment or decree to present the same in written form for the signature of the judge at the time of applying for the order, judgment or decree.

CRITICAL

Unless the defendant effectively waives it, the PSI must be completed and filed with the Court no later than 10 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

A copy of an order whose original is being taken out for service must be presented to the Clerk immediately upon signing.

A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk immediately upon the signing thereof.

WARNING

When the Court has discretion to consider a motion or defense after a statutory date, a party does not lose the right to present it by waiting until the Omnibus hearing.

In all cases in which the Court has discretion to consider a motion or allow the exercise of a defense at a later date than that designated in any statute, no party shall be deprived of the right to make such a motion to designate such defense by waiting to present the same at the time of the Omnibus hearing, as contemplated by this rule.