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Ex. MT-056 Order Primary source read

Order, In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency

In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency - Order

Supreme Court of the State of Montana (by the Chief Justice) · Montana (statewide judiciary) (Court)

The COVID Project

The record

Jurisdiction
Montana (statewide judiciary) · Montana
Level
Court
Authority
Mont. Const. art. VII, sec. 2 (general supervisory control over all other courts)
Issued
2020-03-27 Mar. 27, 2020
Effective
2020-03-27
End
2020-04-10 by its terms ('automatically extended if the Governor extends the shelter in place directive'); extended to May 4, 2020 by the Chief Justice's Apr. 22 and Apr. 27 memoranda (MT-057, MT-058) (read as 2020-04-10)
In force
Mar. 27, 2020 to Apr. 10, 2020
Quarters
2020 Q2
Limitation types
Gathering capCourts and public offices
Addressees
  • district courts
  • Water Court
  • courts of limited jurisdiction
  • litigants and attorneys
Functions reached
  • CT courts (jury trials suspended; civil matters continued; remote hearings)
  • CL closings and litigation-dependent transactions
  • SV collections and foreclosure actions (courts)
Collection
Montana MT

Operative words

Governor Bullock has now directed all Montana citizens, unless exempt as providers of essential services, to shelter in place through April 10, 2020. Montana courts are providers of essential services, and as such, the courts shall remain open. Many court facilities in Montana are ill-equipped to effectively comply with social distancing and other public health requirements; therefore, continued in-person court appearances jeopardize the health and safety of litigants, attorneys, judges, court staff, and members of the public.... 16. Nothing in this Order limits the authority of courts to adopt measures to protect health and safety that are more restrictive than this order... 17.... This Order shall be automatically extended if the Governor extends the shelter in place directive issued on March 26, 2020. DATED this 27th day of March, 2020.

Enforcement

Order of the Supreme Court binding on all State courts; per the Legislative Services Division summary (Apr. 6, 2020) it 'requires that all civil jury trials be suspended until April 10', 'requires that all nonemergency civil matters be continued until after April 10', 'requires that all emergency civil matters be held by telephone or video means unless it is impossible', 'suspends all criminal jury trials until April 10 unless a trial was already in session'

Notes

Six-page order; pages 1 and 6 read; paragraphs 1-15 summarized from the Legislative Services Division's Apr. 6, 2020 summary