13 Mar Faure Holden – Prevails on Issue of First Impression
In an issue of first impression in Montana, Faure Holden prevailed at the Montana Supreme Court regarding the substitution of a District Court Judge and the interplay with Federal Law. Writing for the Majority, Justice Beth Baker held, in relevant part, as follows:
¶12 We hold accordingly that the District Court incorrectly concluded that Fireman’s Fund’s § 3-1-804(1)(a), MCA, motion to substitute was untimely. Removal to federal court—effectuated when a defendant files a notice of removal and gives written notice to all adverse parties pursuant to 28 U.S.C. § 1446(d)—suspends state court jurisdiction and tolls the thirty-day period a party has to file a motion for substitution of judge. The clock begins to run again once state court jurisdiction resumes in accordance with 28U.S.C.§1447(c).
This issue helps solve a timing question for lawyers in Montana when they remove to Federal Court and do not want to create an issue for Remand, and do not want to fail to exercise their statutory right to substitute a judge.
The case can be found at DA 19-0385 – SAGE FINANCIAL PROPERTIES, LLC, v. FIREMAN’S FUND INSURANCE COMPANY.