Big Changes Affecting the United States District Court for the District of Montana Effective March 1, 2022

            Significant local rule changes became effective March 1, 2022, in the United States District Court for the District of Montana. Though many changes were the result of formatting and renumbering, some contained substantial wording, and others affect trigger dates and deadlines. The most substantive changes are to Rules 7.1 and 54.1 (See, Rules 7.1 and 54.1).

            Rule 7.1 motions deadlines and trigger dates are amended. Rule 7.1(d)(B) responses to motions to dismiss, for judgment on the pleadings, or for summary judgment are no longer measured from the time the motion is filed. Now the deadline runs from the date the motion was entered in the docket. While Rule 7.1(d)(B)(ii) governs responses to dispositive motions, Rule 7.1(d)(B)(ii) governs responses to all other motions. The length of time to file responses in these rules is unchanged. The deadline to file responses to dispositive motions is 21 days after the motion was entered in the docket, and the deadline to file responses to all other motions is 14 days after the motion was entered in the docket. Rule 7.1(C) allows the moving party to file a reply within 14 days after the response was entered in the docket.

            The other major changes are found in Rule 54.1. Many formatting and language revisions to this rule warrant a review, however, the major change to the order taxing costs is that there will no longer be a hearing on the matter. Now, if no objections are filed, the clerk will approve the application for the taxation of costs by filling out Form AO-133 within 14 days of the expiration of the time for filing objections. If an objection is filed, the court will determine and issue an order for costs.