Rule 2.01 – Civil Case Management Plan

B. Procedure Upon Filing Civil Action

1. Service:
a. Every civil action filed shall be monitored for return of service of summons
and/or for filing of waiver of service of summons pursuant to Civ. R. 4.7.
b. If service fails on any defendant or party named in a crossclaim, counterclaim,
or third-party complaint, the filing party shall be notified to reissue service within
fourteen days of the filing date of the notification to reissue service. If any party fails
to reissue service or notify the Court why service cannot be reissued within the
fourteen -day period, the Court may dismiss the action for failure to prosecute pursuant
to Civ. R. 41(B) and Mont. Co. C.P.R. 2.15(B).
c. If a plaintiff has requested that a defendant waive service of summons, the plaintiff shall
file with the Clerk the waiver of service signed and returned by the defendant. If the plaintiff
fails to file the defendant’s waiver of service within the time provided by Civ. R. 4.7, the
plaintiff shall be notified to either file the waiver of service or to issue service on the
defendant within fourteen days of the filing date of the notification to either file the waiver of service
or to issue service. If the plaintiff fails to file the waiver of service, to issue service on the defendant,
or to notify the Court why neither can be done, the Court may dismiss the action for
failure to prosecute pursuant to Civ. R. 41(B) and Mont. Co. C.P.R. 2.15(B).
d. Service by Publication: If a party requests service by publication, and such request is granted by
the Court, service of notice shall be made by publication in accordance with Civ.R. 4.4, unless otherwise
provided by law. Publication may be made in the Daily Law Journal published by Cox Media Group, which
has been designated as the journal of the Court as authorized by R.C. 2701.09.
2. Answer:
a. After all defendants have been served or have waived service of summons pursuant
to Civ. R. 4.7, every civil action shall be monitored for the answer(s) to be filed within the
applicable period of time required by the Rules of Civil Procedure, or any extension
permitted by the Court.
i. If any defendant fails to timely answer, the case shall be monitored for the filing of motion(s) for
default judgment. If a motion for default judgment is not filed within a reasonable time, as
determined by the Court, the filing party shall be notified to file a motion for default judgment
within fourteen days.
ii. If the party fails to file the motion for default judgment or notify the Court why the motion is
premature or otherwise inappropriate within the fourteen-day period, the action may be dismissed
pursuant to Civ. R. 41(B) and Mont. Co. C.P.R. 2.15(B).
b. In any case in which an answer is filed within the applicable period:
i. if no jury demand was made, the assigned Judge may refer the case to the Magistrate
pursuant to Civ. R. 53 and Mont. Co. C.P.R. 2.31; and
ii. either the magistrate or the assigned Judge, as the case may be, shall hold an initial scheduling
pretrial conference call to establish all filing and discovery deadlines pursuant to Civ. R. 16 and
Mont. Co. C.P.R. 2.07. A Final Pretrial Order journalizing the filing and discovery deadlines
shall be filed following the initial scheduling/pretrial conference in accordance with Mont. Co. C.P.R. 2.07.
3. Termination Entry: When the case is completed, whether by default judgment, summary judgment,
dismissal, settlement or trial, an entry terminating the case shall be indicated on the docket as a final
judgment or dismissal entry.