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Baker v. Second Judicial District Court

Supreme Court of Montana

December 4, 2013

EDWARD BAKER, KATHY BAKER, ROB DOLLAR, KIM DOLLAR, WAYNE CARTER. LEANNE CARTER, MARCUS KELLY, DEANNA KELLY, BILL LACEY, NANCY LACEY, JIM McGRATH, TRACY McGRATH, RENO PETERSON, CAROLE PETERSON, RUSS ALLEN, CAMY ALLEN, Petitioners,
v.
SECOND JUDICIAL DISTRICT COURT, THE HONORABLE BRADLEY G. NEWMAN, Presiding Judge, Respondent.

ORDER

Petitioners have asked this Court to issue a writ of supervisory control in Silver Bow County Cause No. DV 08-266. They state the case has been pending since 2008 and "has been stalled with no substantive rulings or schedule from the [District] Court since December of 2009." According to Petitioners, this amounts to a denial of their speedy trial remedy, and justice is not being administered without delay. Petitioners ask us to order the District Court to hold a scheduling conference within 60 days, rule on all outstanding motions within 90 days, and set the case for trial within the 2014 calendar year.

At this Court's invitation, both the District Court and petitioners' opposing parties in the District Court have filed responses to the petition for writ of supervisory control. Both the District Court and the opposing parties opine that Petitioners' request for a writ of supervisory control is justified.

Based on the agreement of all parties and the District Court,

IT IS ORDERED that the petition for writ of supervisory control is GRANTED. The District Court shall hold a scheduling conference in Silver Bow County Cause No. DV 08-266 within 60 days of the date of this Order. The court shall rule on all outstanding motions within 90 days of the date of this Order, and shall set the case for trial within the 2014 calendar year.

The Clerk is directed to provide copies of this order to all counsel of record in Silver Bow County Cause No. DV 08-266 and to the Honorable Bradley G. Newman, presiding district judge.


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