Yellowstone County District Court, Montana Filing Timing and Cure Windows

CRITICAL

Counsel must present any 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

If the original order is taken out for service, a copy 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 of the order.

CRITICAL

All 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

2 business days

Attorneys must designate Law and Motion matters in advance; the calendar closes at 4:00 p.m. two business days before the Law and Motion day, although exceptions may infrequently be made case by case.

Each attorney shall designate in advance the matters to be presented by him/her on Law and Motion day. The matters so designated shall be listed by the Clerk on a Law and Motion calendar, which calendar shall be closed at 4:00 p.m. two business days prior to each Law and Motion day. On infrequent occasion exception to this cut-off time may be made on a case-by-case basis.

WARNING

The State or defendant may make a permitted motion after arraignment, 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 the motion shall be noticed for hearing by the moving party.

WARNING

Additionally, one more day should be added if a holiday falls on a weekday. For example, if Monday is a holiday, then the calendar would close at 4:00 pm the previous Wednesday for a Tuesday court day.

Additionally, one more day should be added if a holiday falls on a weekday. For example, if Monday is a holiday, then the calendar would close at 4:00 pm the previous Wednesday for a Tuesday court day.

CRITICAL

After a Rule 12(b)(6) motion is granted or denied, the unsuccessful party has 20 days to amend or answer unless the order sets a different time.

When a motion made under Rule 12(b)(6), Montana Rules of Civil Procedure is granted or denied, the unsuccessful party shall have twenty (20) days within which to amend or answer unless a different time shall be prescribed in the order granting or denying the motion.

CRITICAL

Dispositive motions must be made within 60 days after arraignment.

Dispositive motions shall be made within sixty (60) days of arraignment.

CRITICAL

Unless otherwise ordered or waived upon request and good cause, counsel must present the trial brief to the presiding judge at least two days before trial.

Unless otherwise ordered, at least two (2) days before the trial of any cause, civil or criminal, counsel shall present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the law of the case and in support of the introduction of evidence proposed to be offered. See Rule 4 above for length limitations. The presiding judge may waive a trial brief upon request and for good cause.

CRITICAL

Deadline

3 business days

Unless otherwise ordered or agreed to in writing, each party or counsel must submit a statement directly to the settlement master or mediator at least three business days before the conference.

Unless otherwise ordered or agreed to by the parties in writing, the following guidelines shall apply to settlement conferences before a settlement master and to mediations before a mediator: (2) A statement from each party or counsel shall be submitted directly to the settlement master or mediator no later than three (3) business days prior to the conference.

CRITICAL

A party must file and serve written specific objections or apply to the district court for an extension within 10 days after service of notice of filing, or the Standing Master’s judgment is final.

B. 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 judgement is final.

WARNING

Within ten days after receiving notice, another party may file an objection and notice the matter for hearing.

Within ten days of such notice, any other party may file his objection and notice the matter for hearing.