United States District Court for the District of Montana

Filing

Prisoners at Montana State Prison must submit court filings electronically.

“All filings submitted by prisoner litigants to the Court (correspondence, pleadings, motions, and briefs) (hereinafter ‘court filings’) must be electronically submitted to the District of Montana.”

Filing

Court filings mailed directly by Montana State Prison prisoners will be returned unfiled.

“The Court will not accept filings via U.S. Mail from prisoners at MSP and any documents received will be returned without filing.”

Motions

Local Criminal Rule 47.2 is suspended for motions seeking a sentence reduction under Amendment 821.

“As to all motions containing a claim for sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendment 821, D. Mont. L.R. CR 47.2 is SUSPENDED.”

Sealing

For sealed files covered by the order, closure for at least three years creates a presumption of unsealing unless a party shows cause to keep the file sealed.

“sealed case files shall be presumptively considered suitable for unsealing after the case file has been closed for a period of three years or more. Such case files shall be unsealed unless the parties are able to show cause why the case file should be sealed permanently, or for some lesser fixed period.”

Sealing

After notice of a proposed unsealing, parties have at least 21 days to show cause why the file should remain sealed.

“The parties shall have no fewer than 21 days from the date of the clerk’s notice in which to respond and show cause.”

Other

The Federal Defenders of Montana represent indigent defendants who may be eligible for a sentence reduction under Section 3582(c).

“the Court hereby appoints the Federal Defenders of Montana (‘FDOM’) to represent all criminal defendants who previously were determined eligible for appointment of counsel, or who are now indigent, and who may be eligible to seek a sentence reduction under any of the provisions of 18 U.S.C. § 3582(c).”

Other

In Social Security review cases, timely plaintiff consent to magistrate jurisdiction results in assignment to a magistrate judge unless the United States withdraws consent.

“If a plaintiff timely consents, and if the United States does not timely withdraw consent, the case shall be deemed assigned to a magistrate judge pursuant to 28 U.S.C. § 636(c) without further order of the court”