Matter of Rules on Disqualification ( 1995 )

IN TWF SUFREMZ COUPT OF THE STATE 3 F i"iONT.&INA
IN TFIE MATTER OF RULZS FOR 1
THE 3ISQUALIFiCATIOX A3JU : ORDER AMENCIP.JG RULE
SGYSTSTUTION 01 JUDGES ) 3-1-804(1) c ) ,MCA.
( . .
Pursuant to the power placed in this Court by Article VII,
Section 2, of the 1972 Montana Constitution, this Court has
established rules for the disqualiEication and substitution of
judges in civil and criminal cases, and such rules are now codified
at 8s 3-1-803 through 3-1-805, MCA.
By Order Amending Rule dated November 10, 1954, this Court
adopted an amendment of § 3-1-804il) c ) , MCA, with a declared
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effective date of February 1, 1995, and a comment period extending
to January 31, 1995. Following the receipt of comments, this Court
has concluded it is appropriate to continue the amendment in effect
with the exception that the twenty day period stated in three
differen-c places in the paragraph (c! will be modified to thirty
days.
This Court adopts the following amendment of 8 3-1-804 (1)(c),
MCA, with an effective date of June 1, 1995:
icj When a judge is assigned to a cause for 30
consecutive days after service of a summons, or 10
consecutive days after service of an order to show cause,
information or other initiating document, and no morion
for substitaticn of judge has been filed within said time
period, the plaintiff or the party filing the order,
information or other initiating document, and the party
apon whom service bas been made shall no longer have a
right of substitution. Any party named in a summons who
is subsequen~1.y served shall have 30 consecutive days
after such service in which to move for a substitution of
judge. Any person subsequently served in connection with
an order to show cause, information or other initiating
document, shall have 10 consecutive days after such
service jn which to rnove tor a substit-utionof judge. If
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che presiding judge removes himself or herself, or a new
;adge assumes juris5ic6- o n the cause by virtue of the
~ L cf
internal operating rules of a rwdlti-judge court, the
right to move for substitution of a :l~dge is reinstated,
uriiess having been previously used in the cause by the
RGL-ingpzrty and che tirne periods shall r i m anew. After
the time periad shail have run as to the original parties
to the proceedirg, no party who is joined or intervenes
thereafter shall b v e any right of substitution, except
?hat one third party defendant wh-2 is rot an origi.nal
party in any pending case may have a right of one
substitution within 30 consecutive days after the service
upcn ths third party defendafit of a th<--6 party
A
coqiaint.
OZDEE SUFCRSEDES SECTION 3 -i-804(1)i i , MCA as modified by Order of
c
this Court dated November 10, 1994:
By the authority of Article VII, Section 2, of the 1972
Montana Constitution, this revised ru1.e amends and is to be used in
place of the rule set forth in the Order Amending Rule 3 - 1 -
804(1) (c), MCA, dated November 10, 1994.
EFFECTIVE DATE: This revision of the rule shall take effect on
June 1, 1995.
NOTICE :
The Clerk of chis Court is directed to mail copies of this
Order to the following:
The Code Commissioner of the State of Montana;
District Court Judges of the State of Montana;
Clerks of the Dis~riccCourcs of the State of Montana;
United States District Court Judges of the State of Montana;
Clerks of the United States District Courts of the State of
Fontana;
President and Executive Director of the State Bar of Montana,
with the request that this order be published in The Montana
Lawyer;
President and Executive Dlrector of the Montaca Trial Lawyers
Association, with the request thar this order be published in the
Association journal ;
President and Executive Director of the Montana Defense Trial
Lawyers Association, with the request that this order be pubiished
in the kssceiat;on jcurnal;
West Publishing Company, with a reqdest t h a r it be published~
In che Paciiic Reaorter; and,
Scate Reporter F&1 ' .
2i~sihi.ng Company, with
' 3. request t h a t i t be
published in the State Ze~orter.
DATED this 6th day of April, 1995.
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