MATTER OF RULES ON DISQUALIFICATION

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IN TWF SUFREMZ COUPT OF THE STATE 3 F i"iONT.&INA IN TFIE MATTER OF RULZS FOR THE 3ISQUALIFiCATIOX A3JU SGYSTSTUTION 01 JUDGES 1 : ) ORDER AMENCIP.JG RULE 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 i adopted an amendment of § 3-1-804il) c ) , MCA, with a declared 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 . 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 coqiaint. A 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. , i

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