Beaverhead County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 1 copy
Adjournments
- If a party has extreme difficulty with a court-ordered date, it must consult the opposing party and then advise the Court by stipulation or motion, stating its contact efforts and the opposing party’s position.
Request must include
Communication
Clerk6 contacts
Chambers1 contacts
Page & Word Limits1 rule
Briefs may not exceed 20 pages without leave of the Court for good cause demonstrated.
- Brief
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements7 rules
All proposed e-file Orders shall be filed in Word, as a separate document categorized as a Proposed Order in e-file, and shall not have a footer, or signature/date block for the judge.
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
(2) emailed documents must be in a PDF format and submitted as an attachment to an email.
- File type
7.2 Writs of execution must include information in accord with the format available from the Clerk of Court or in a substantially similar form.
8.2 Exhibits must be pre-labeled as follows: (1) Plaintiff’s/Petitioner’s (Exhibit 1, 2, 3, etc.); or (2) Defendant’s/Respondent’s (Exhibit A, B, C, etc.).
- Exhibits
Formatting
- •Use numbered labels for Plaintiff’s/Petitioner’s exhibits and lettered labels for Defendant’s/Respondent’s exhibits
All motions, stipulations, etc. must be a separate document from the proposed order.
Documents filed by email or facsimile are considered the originals. Mailed original documents are not required and duplicates may not be filed.
Formatting
- •Mailed original documents are not required
Document Filing Requirements16 rules
The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached.
- Document
- Document requiring certificate of service
Include
- •Certificate of service
All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.
A demand for a jury trial must be included in the caption of the complaint or answer.
- Document
- Complaint or answer
- Placement
- Caption
All proposed e-file Orders shall be filed in Word, as a separate document categorized as a Proposed Order in e-file, and shall not have a footer, or signature/date block for the judge.
Pre-discovery disclosures must include the factual and legal bases of claims or defenses, knowledgeable individuals and their information, relevant documents or things, claimed damages, and applicable insurance agreements.
Court's wording
The disclosure must contain the following information: (a) the factual basis of each claim or defense advanced by the disclosing party; (b) the legal theory upon which each claim or defense is based, including, when necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name and, if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses and a summary of that information; (d) a copy of or a description, including the location and custodian, of documents or data compilations and tangible things and relevant documents reasonably likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment.
all documents must be properly signed and dated with the party’s copied or electronically generated signature;
All exhibits unable to be e-filed shall be delivered to the Clerk's office and shall be accompanied by a Notice describing the exhibits.
The disclosure duty continues throughout the case, and a party must supplement or correct an incomplete or inaccurate disclosure within a reasonable time after learning of the problem.
Court's wording
The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
Before being relieved as counsel after final disposition and expiration of the appeal period, an attorney must file a notice of termination with the Clerk.
Court's wording
5.2 After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
Each requested jury instruction must identify the party and use a consecutive number.
Court's wording
4.3 Each requested instruction must be identified by party and consecutive number, e.g., “Plaintiff John Smith’s Requested Instruction No. 1,” “Plaintiff John Smith’s Requested Instruction No. 2,” and so forth.
5.3 If no action occurs within 12 months of entry of a final decree or order in a Domestic Relations or Paternity case, an attorney is no longer considered to be counsel of record in the case and the attorney’s designation as such must be terminated, unless the attorney provides notice to the Court otherwise.
4.2 Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.
- Document
- Jury instructions
Must include
- •Caption
- •Case number
5.1 An attorney seeking to appear pro hac vice shall file a motion and proposed order accompanied by a copy of the State Bar of Montana Pro Hac Vice Application and confirmation correspondence from the Bar Admissions Administrator.
- Document
- Motion
Must include
- •Proposed order
7.1 An application for default judgment must show how the total claimed with interest has been calculated, including but not limited to the interest rate (prime rate as of January of that year per fedprimerate.com), per diem, and number of days accrued.
8.3 Four exhibit lists, and four exhibits must be submitted as follows: (1) Court file/Clerk of Court (original); (2) Judge (copy); (3) moving party; and (4) other party(s).
Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.
Filing & Service rules
Electronic Filing Rules
Cases must be filed electronically unless exempted; pro se litigants and the specified probate, guardianship, paternity, and adoption cases must currently use Rule 3.5 filing procedures, but must e-file when that option becomes available.
All cases shall be filed using e-filing unless specifically exempted. (1) All pro se litigants and DP (probate), DG (guardianship), DF (paternity), and DA (adoption) cases cannot be e-filed at this time. Filings in these matters shall be filed in accordance with rule 3.5. When efile becomes available for these filings, efile will be required.
Page 2 | Rule 3 -- Filings
Exhibits that cannot be e-filed must be delivered to the Clerk’s office with a Notice describing them.
All exhibits unable to be e-filed shall be delivered to the Clerk's office and shall be accompanied by a Notice describing the exhibits.
Page 2 | Rule 3 -- Filings
Documents not currently accepted by e-filing may be submitted in person, by email, or by facsimile, with a fee of $0.50 per page.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA.
Page 2 | Rule 3 -- Filings
Filing Timing and Cure Windows
In criminal trials, jury instructions are due seven days before trial unless the Court notes otherwise.
4.5 For criminal trials jury instructions are due 7 days before trial unless otherwise noted by the Court.
Page 3 | Rule 4 -- Jury Instructions
In civil trials, jury instructions are due 21 days before trial.
For civil trials jury instructions are due 21 days before trial.
Page 3 | Rule 4 -- Jury Instructions
The required affidavits and worksheets must be filed before entry of a child support order.
Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.
Page 4 | Rule 12 -- Child Support Guideline Requirements
The Clerk’s office will file the Notice once it has possession of the exhibits.
The Clerk’s office will file the Notice when they are in possession of the exhibits.
Page 2 | Rule 3 -- Filings
Service and Proof of Service Rules
Documents offered for filing must be accompanied by documentation demonstrating service, except complaints.
Proper documentation demonstrating service must accompany all documents offered for filing other than a complaint.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Absent leave of Court, a party must make the required disclosure before seeking discovery and serve it on another party before seeking discovery from that party; written discovery requests may be served simultaneously with the disclosure.
Except with leave of the Court, a party may not seek discovery from any source before making an appropriate pre-discovery disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure. A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party.
Page 2 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Each party must serve an appropriate disclosure within 30 days after entry of the case scheduling order.
Each party shall serve an appropriate disclosure not later than 30 days after entry of the case scheduling order.
Page 2 | Rule 2 – Pleadings, Motions, Orders, and Discovery
The attorney must serve the notice of termination on the client and opposing party.
5.2 After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
Page 3 | Rule 5 – Attorneys
The Clerk may email court orders and minute entries instead of sending hard copies, and parties must provide the Clerk with the email addresses for those copies.
To promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court orders and minute entries by email rather than by hard copy. A party shall provide the Clerk of Court with the email address(es) to which copies of orders or minute entries are to be mailed.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
A party that files any document electronically is deemed to have consented in writing to receive documents electronically.
A party who has filed any document in the Court electronically is deemed to have provided written consent to receive documents electronically. (Rule 5(b)(2)(E), M. R. Civ. P.)
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Filing Fees and Waivers
Payment or proof of payment is required before the Clerk’s office accepts or files any document.
3.8 Payment or proof of payment is required prior to the Clerk’s office accepting/filing any documents.
Page 3 | Rule 3 -- Filings
Documents submitted under this rule must be accompanied by a fee of $0.50 per page.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA.
Page 2 | Rule 3 -- Filings
Courtesy Copy Requirements
8.3 Four exhibit lists, and four exhibits must be submitted as follows: (1) Court file/Clerk of Court (original); (2) Judge (copy); (3) moving party; and (4) other party(s).
8.3 Four exhibit lists, and four exhibits must be submitted as follows: (1) Court file/Clerk of Court (original); (2) Judge (copy); (3) moving party; and (4) other party(s).
Page 4 | Rule 8 -- Exhibits
Adjournment & Extension Requirements
If a party has extreme difficulty with a court-ordered date, it must consult the opposing party and then advise the Court by stipulation or motion, stating its contact efforts and the opposing party’s position.
In the event a party encounters extreme difficulties with a date ordered by the Court, the party shall consult with the opposing party and then advise the Court by stipulation or a motion stating the efforts to contact the opposing party and the opposing party’s position.
Page 1 | Rule 1 -- Law and Motion
Chambers Communication Rules
Jury instructions must be sent to Judicial Assistant Diane Kaatz at the stated email address.
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
Page 3 | Rule 4 -- Jury Instructions
Parties must set and confirm hearing dates with the Clerk of Court.
A party shall set and confirm hearing dates with the Clerk of Court.
Page 1 | Rule 1 -- Law and Motion
Documents submitted by facsimile for Madison County must be sent to (406) 843-5207.
Madison County: (406) 843-5207
Page 2 | Rule 3 -- Filings
Documents submitted by facsimile for Beaverhead County must be sent to (406) 683-3728.
Beaverhead County: (406) 683-3728
Page 2 | Rule 3 -- Filings
Documents submitted by email for Madison County must be sent to chill@mt.gov.
Madison County: chill@mt.gov
Page 2 | Rule 3 -- Filings
Documents submitted by email for Beaverhead County must be sent to clerkofcourt.beaverhead@mt.gov.
Beaverhead County: clerkofcourt.beaverhead@mt.gov
Page 2 | Rule 3 -- Filings
Documents submitted by email for Jefferson County must be sent to dwoods@mt.gov.
Jefferson County: dwoods@mt.gov
Page 2 | Rule 3 -- Filings
Documents submitted by facsimile for Jefferson County must be sent to (406) 225-4044.
Jefferson County: (406) 225-4044
Page 2 | Rule 3 -- Filings
Attorneys, parties, and witnesses may appear via Zoom after notifying the opposing party and Clerk of Court; objections must be addressed before the hearing.
14.2 Attorneys, parties, and witnesses may appear via Zoom with prior notification to the opposing party and Clerk of Court. Any objections to Zoom appearance must be addressed prior to the hearing.
Page 5 | 14.2
Parents may contact Judicial Assistant Diane Kaatz by email for parenting plan guidelines.
Parenting plan guidelines are available from Diane Kaatz at 406-843-4235, 406-683-3745, or dkaatz@mt.gov to assist parents in understanding what the Court generally believes is reasonable, unless special circumstances require a different arrangement.
Page 4 | Rule 13 -- Parenting Plan Guidelines