Valley County District Court, Montana Filing Timing and Cure Windows

CRITICAL

After receiving and confirming that the original matches the telefax, the Clerk must file it and attach it to the telefaxed document.

Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document.

CRITICAL

A telefaxed document is filed on the date and time the Clerk of Court receives it.

The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.

CRITICAL

The party transmitting a document by telefax must mail its original to the Clerk of Court by first-class mail on the transmission date.

The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail.

CRITICAL

If the Clerk does not timely receive the signed original, the telefaxed document may be stricken and have no effect; the filer is responsible for ensuring timely receipt and filing.

Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.

CRITICAL

Unless the defendant effectively waives the PSI, it must be completed and filed with the Court at least 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

The requested agency must deliver the requested information for in camera inspection or file a response within 20 days after service.

The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.

CRITICAL

An order for temporary investigative authority and protective services may not extend beyond 180 days unless an extension request is granted.

An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted.

CRITICAL

Unless a motion seeking protection has already been filed, the prosecution must make the specified disclosure within 20 days of the defendant’s request.

Unless motion is previously filed seeking protection, the prosecution shall make disclosure under § 46-15-322(1)-(4), MCA within twenty (20) days of Defendant’s request.

CRITICAL

The defendant must comply with the disclosure deadlines under § 46-15-323, MCA, or seek an extension as permitted by that statute.

Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder.

CRITICAL

The scheduling appearance must be set for the next scheduled law and motion date, at least 10 days after the minute entry.

When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry.

CRITICAL

Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.

Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.

WARNING

The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.

The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.

WARNING

A defendant’s failure to request discovery before the Omnibus Hearing may be grounds to attribute trial delay to the defendant.

Defendant’s failure to make request before the Omnibus Hearing can be grounds for attributing trial delay to Defendant.

WARNING

After a not-guilty plea, the court will usually set the Omnibus Hearing within 45 to 60 days.

Following plea of “not guilty,” the court will set the Omnibus Hearing described in § 46-13-110, MCA usually within 45 to 60 days.

CRITICAL

The petitioner must bring the matter for an adjudicatory hearing within the TIA and protective-services period, as extended, or the action is subject to dismissal.

The action is subject to dismissal unless the person or party filing the petition brings the matter for adjudicatory hearing under § 41-3-404, MCA within the time period, as extended, for TIA and protective services.