IN TWF SUFREMZ COUPT OF THE STATE 3F i"iONT.&INA

IN TFIE MATTER OF 

### RULZS FOR 1 

### THE 3ISQUALIFiCATIOXA3JU 

## : 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 criminalcases,and such rules are now codified at 8s 3-1-803through 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-cplaces 

### 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 anorder to showcause, information or other initiating document, and no morion for substitaticnof judgehasbeen filedwithin 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 inwhich tomove for a substitutionof judge. Anyperson subsequentlyserved inconnectionwith an order to show cause, information or other initiating document, shall have 10 consecutive days 

### after such service j.nwhich to rnove tor a substit-ution 

### of judge. If chepresiding judge removeshimself 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 tomove for substitutionof a :l~dgeis reinstated, uriiess having been previously used in the cause by theRGL-ing pzrty and che tirneperiods shall rimanew. After the timeperiad shailhave run as to the originalparties to the proceedirg, no party who is joined or intervenes thereafter shall bveany 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 30consecutive daysafter the service 

### upcn ths 

### third party defendafit of a th<--6

A party coqiaint.

OZDEE SUFCRSEDESSECTION 3-i-804 (1) ici , MCA asmodifiedby 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 tobe 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 Directorof the Montana Defense Trial LawyersAssociation, 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.



### , i