Beaverhead County District Court, Montana Document Filing Requirements

Applies to

Default judgment

A default-judgment application must explain the calculation of the total claimed with interest, including the interest rate, per diem, and days accrued.

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.

Applies to

Document requiring certificate of service

Must include

certificate of service

A document that requires a certificate of service must have the certificate attached or the Court will not consider it.

The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached.

Applies to

Notice of termination

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.

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.

Applies to

Jury instructions

Each requested jury instruction must identify the party and use a consecutive number.

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.

If no action occurs within 12 months after a final decree or order in a Domestic Relations or Paternity case, the attorney’s designation as counsel must be terminated unless the attorney notifies the Court otherwise.

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.

Applies to

Motion

Motions must address stipulation or opposition when applicable, and motions requiring opposing-party contact will be rejected if silent about that contact.

All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.

Applies to

Proposed order

Each proposed e-file order must be submitted as a separate document categorized as a Proposed Order in e-file.

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.

Applies to

Complaint or answer

A jury-trial demand must appear in the caption of the complaint or answer.

A demand for a jury trial must be included in the caption of the complaint or answer.

Applies to

Pre discovery disclosure

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.

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.

Applies to

Document filed by email or facsimile

Documents filed by email or facsimile must be properly signed and dated using the party’s copied or electronically generated signature.

all documents must be properly signed and dated with the party’s copied or electronically generated signature;

Applies to

Jury instructions

Must include

caption, case number

Requested jury instructions must include a cover sheet with the case number, caption, title, signature, and praecipe.

4.2 Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.

Applies to

Exhibits

A Notice describing the exhibits must accompany exhibits that cannot be e-filed.

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.

Applies to

Pre discovery disclosure

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.

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.

Applies to

Motion

Must include

proposed order

A pro hac vice motion must include a proposed order, a copy of the State Bar application, and confirmation correspondence from the Bar Admissions Administrator.

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.

Applies to

Exhibits

Four exhibit lists and four exhibits must be submitted: an original for the court file, a copy for the judge, and copies for the moving and other parties.

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 before any child support order is entered.

Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.