A Montana Pretrial Order is a court order issued by the Judge prior to a trial. This order sets the parameters for the conduct of the case, and establishes the procedures and deadlines for the parties involved. The order can include a variety of provisions, such as the deadlines for discovery, motion practice, and expert witness disclosure. It may also set the trial date, and set limits on the number of witnesses and the length of time allowed for trial. There are two types of Montana Pretrial Order: a Scheduling Order and a Status Order. A Scheduling Order outlines a timeline for the completion of certain tasks, such as discovery, motion practice, and expert witness disclosure. A Status Order deals with the status of the case, such as the date of the trial, the number of witnesses, and any changes to the trial date. Both orders are issued by the Judge and must be followed by the parties involved.
Montana Pretrial Order
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If a court places a defendant under supervision, Pretrial Services works with the defendant to successfully comply with the court's conditions of bail. Pretrial officers provide the structure under which the defendant determines day-to-day activities and choices.
Rule 7. Pleadings allowed. In justice or city court there may be a complaint, answer, counterclaim, and reply to a counterclaim. No other pleadings are allowed, except that the court may order a reply to an answer.
(7) Completion of mediation process. (a) Immediately upon the conclusion of the mediation conference, the mediator shall file a mediator's report substantially complying with Form 8 in the Appendix of Forms with the clerk of the supreme court, and serve copies on the parties.
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The State of Montana, a state agency, or a state officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 42 days after service on the attorney general.
A party that intends in good faith to deny all the allegations of a pleading -- including the jurisdictional grounds -- may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
A court may, by local rule, allow papers to be filed, signed, or verified by electronic means, including facsimile, that are consistent with any technical standards established by the court or local rule. A paper filed by electronic means in compliance with a local rule is a written paper for purposes of these rules.
Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the district.