In re Revised Rules on Substitution of District Judges

Summary

The Montana Supreme Court adopted revised rules governing the substitution of district judges under Montana Code Annotated § 3-1-804. The rules address eligibility, filing deadlines, notice, fees, timeliness, reassignment of cases, and substitution rights following new trials or appellate remands.

Holdings

1. The Montana Supreme Court adopted the attached revised rules for substitution of district judges pursuant to its constitutional rulemaking authority.
2. The revised rules for substitution of district judges became effective October 1, 2009.

Questions Presented

1. Whether the Montana Supreme Court should adopt the proposed revised rules governing substitution of district judges.
2. When the revised substitution rules should become effective.

Disposition

approved