Sweet Grass County District Court, Montana Filing Timing and Cure Windows

CRITICAL

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

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

CRITICAL

Briefs due on a date certain must be filed by 5:00 p.m. that day; an extension requires prior Court approval and notice to each party, and an untimely brief may be disregarded with the attorney cited for contempt.

All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed by 5:00 p.m. by the date certain. 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 citing the delinquent party's attorney for contempt.

CRITICAL

For motions under Rule 56(c)(2)(A), a hearing must be requested within 14 days after the reply-brief filing period expires to avoid waiver; oral argument is set only by Court order and at the Court's discretion.

Oral Arguments on motions under Rule 56(c)(2)(A), M.R.Civ.P. are waived unless a party requests a hearing within 14 days after the time for filing a reply brief has expired. Oral argument will be set only by Court order and at the Court's discretion.

CRITICAL

The notice to the Child Support Enforcement Bureau must be sent immediately upon filing the qualifying Complaint or Petition.

Upon filing of a Complaint or Petition which indicates the children involved are, at that time recipients of, or applicants for, public assistance, the party or counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court.

CRITICAL

After receiving the Supreme Court Administrator's notice, the Clerk must promptly notify the attorney that the matter will be brought to the Court's attention within 90 days unless good cause is shown.

In estate matters the Clerk shall notify the attorney of record immediately following receipt of the § 72-3-1015 M.C.A. Notice from the Supreme Court Administrator that, within ninety (90) days, in the absence of good cause shown to the Court, the matter shall be called to the attention of the Court so that the Court may order the personal representative and his attorney to appear and show cause why the estate has not been closed.

CRITICAL

The required financial affidavits must be filed before entry of any child support order.

In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.

CRITICAL

The verified financial affidavits must be submitted within 30 days of the Respondent's first appearance.

Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.

CRITICAL

The public-assistance statement must be included in the Petition when the proceeding is begun.

The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.

CRITICAL

When transfer papers are filed with the District Court Clerk, the bail must also be delivered to the Clerk.

At the time the papers transferring the case to the District Court are filed with the Clerk of the Court, the bail must also be delivered to the Clerk.

CRITICAL

Proposed findings and conclusions are due within 15 days after trial unless the Court orders otherwise.

Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court in a format suitable for signature by the Court, together with a copy for the Court.

CRITICAL

Parties must respond in writing to a Court request for a status report within 20 days.

Parties are to comply with such request within 20 days in writing.

CRITICAL

Within five days after the settlement conference or mediation, the Settlement Master or Mediator must submit a report stating that the conference occurred and identifying settled issues; if the case is not fully settled, the report must also provide specified trial and settlement information.

Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any. In the event that the case is not fully settled, the form shall also state the following information obtained from counsel for the parties and any unrepresented party: (!) the length of time anticipated to be necessary for trial; 2) dates counsel or key witnesses are legitimately unavailable for trial; 3) any special requests or needs regarding trial scheduling; and whether there is still a reasonable prospect for settlement.

CRITICAL

Pre-sentence investigations must be completed and their reports delivered to the Court and parties before the Court sets sentencing.

All Pre-Sentence Investigations shall be completed, and the reports based thereon delivered to the Court and to the parties, prior to the Court setting the time and date for sentencing.

CRITICAL

The written audio/visual coverage request is due no later than five days before the proceeding.

A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.

CRITICAL

In a civil case, the Trial Position Statement is due by the trial-scheduling order's deadline or at least 10 days before trial.

At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.

CRITICAL

Within 90 days of the notice, the personal representative must close the estate or file a status report explaining why it cannot yet be closed; otherwise, the Court will schedule a show-cause hearing.

Accordingly, in keeping with Local Court Rule 30, the Personal Representative will have a period of ninety days from the date of this Notice to either close the Estate or, in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed. If this Estate is not closed within ninety days from the date of this Notice, and no Status Report has been filed stating adequate reasons for why the Estate is not yet in a position to be closed, then this file will be brought to the attention of the presiding judge and the Court will schedule a show cause hearing.

CRITICAL

In the specified direct-information procedure, the Justice of the Peace must transfer the bond to the District Court forthwith.

Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above.

WARNING

If a motion remains undecided 30 days after the motion and supporting and opposing briefs are fully submitted, counsel may request Court review; for a fully briefed matter, counsel may also file a Notice of Issue.

If a motion is not ruled upon within thirty (30) days of the date the motion and all supporting and opposing briefs are fully submitted for ruling, counsel may request that the Court review the motion. If a matter is fully briefed, counsel may file a "Notice of Issue" to bring the matter to the Court's attention.

WARNING

The opposing party may object to the reasonableness of claimed attorney fees within 14 days.

The opposing party may file an objection as to the reasonableness of the fees claimed within 14 days.

INFO

The Court may receive additional proposed instructions addressing questions arising during trial until settlement of jury instructions is completed.

The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.

INFO

In any other matter, counsel may submit a Trial Position Statement at least 10 days before the hearing.

In any other matter, counsel may submit a Trial Position Statement at least 10 days prior to hearing.