IN TWF SUFREMZ COUPT OF THE STATE 3F 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) ic), 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 j.n which to rnove tor a substit-ution of judge. If 

che presiding judge removes himself or herself, or a new 

;adge assumes juris5ic6- ~Lon cf the cause by virtue of the 

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-ing pzrty and che tirne periods shall rim 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 bve 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 A party 

coqiaint. 

OZDEE SUFCRSEDES SECTION 3 -i-804 (1) ici , MCA as modified by Order of 

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~ricc Courcs 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 thar it be published~ 

In che Paciiic Reaorter; and, 
Scate Reporter F&1 2i~sihi.ng ' . ' Company, with 3. request that it be 

published in the State Ze~orter. 

DATED this 6th day of April, 1995. 

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