Big Horn County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Guilty plea waiver acknowledgment

Before a guilty plea is accepted, defense counsel must file a fully executed rights-waiver acknowledgment consistent in form and content with the Clerk's general-order-file version.

Before the judge will accept any plea of guilty, the attorney for the defendant shall file with the Court a fully executed acknowledgment of waiver of rights by plea of guilty, in the form and with content consistent with the one on file with the Clerk in the general order file, copies of which shall be available from the Clerk.

CRITICAL

Applies to

Certificate of service

The certificate of service must state that a fax transmission was sent to the Clerk and give the transmission date.

The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.

CRITICAL

Applies to

Motion

Must include

proposed order

If oral argument is desired, counsel must include a proposed order with the motion, and that order must leave blanks for the Court to enter the hearing date and time.

Counsel shall include with their motion a proposed Order granting oral argument if such is desired. If the parties request a hearing and are entitled to one, or the Court finds one beneficial, the Court will confer with the parties regarding scheduling such a hearing. The proposed Order granting oral argument shall include blanks for the Court to fill in the date and time.

CRITICAL

Applies to

Facsimile document

A faxed document must show all necessary signatures to be filed.

A facsimiled document must show all necessary signatures or it will not be filed by the clerk.

CRITICAL

Applies to

Proposed jury instructions

Each working copy must identify the requesting party, number instructions consecutively, and include an attached page citing the source and any supporting legal authority.

The Court’s working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and on an attached page, contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.

CRITICAL

Applies to

Notice of appeal

A notice of appeal must state whether the case was decided in a court of record and identify the applicable standard of review.

B. The appealing party must clearly indicate on their notice of appeal whether the case was decided in a court of record. Further, the notice of appeal must clearly indicate the standard of review governing the appeal, be it de novo or another more deferential standard.

CRITICAL

Applies to

Mandatory disclosure

A represented party’s mandatory disclosure or supplement must be signed by at least one attorney of record, while an unrepresented party must sign it; the signature certifies completeness after reasonable inquiry.

Every mandatory disclosure or supplement made by a party represented by counsel shall be signed by at least one attorney of record. A party who is not represented by counsel shall sign the disclosure. The signature of counsel or the party constitutes a certification that to the best of the signer’s knowledge, information, and belief, formed after the reasonable inquiry, the disclosure is complete as of the time it was made.

CRITICAL

Applies to

Stipulated jury instructions

Parties must provide agreed proposed jury instructions with a stipulation signed by all parties’ counsel, and the stipulation must briefly identify the instructions that remain contested.

B. Stipulated Jury Instructions. The parties shall provide a set of proposed jury instructions upon which the parties agree, as well as a stipulation thereto, signed by counsel for all parties. Such stipulated instructions shall be provided to the Court via the same methods described in Rule 12(B). The stipulation accompanying the stipulated instructions shall include a brief description of which proposed instructions remain contested.

CRITICAL

Applies to

Motion or other documentation

A matter cannot be placed on the law and motion calendar until its motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

CRITICAL

Applies to

Mandatory disclosure

An appropriate disclosure must state the factual and legal bases of each claim or defense, identify knowledgeable individuals and summarize their information, describe relevant documents and tangible things, compute claimed damages, and state the substance of potentially applicable insurance agreements.

The disclosure shall contain the following information: (a) the factual basis of every claim or defense advances by the disclosing party. In the event of multiple claims or defenses, the factual basis for each claim or defense; (b) the legal theory upon which each claim or defense is based including, where 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.

CRITICAL

Applies to

Agreement or pleading

When an attorney’s authority is disputed, the Court will recognize the attorney’s right to appear only if there is a written, client-signed agreement filed in the record or the party personally signed the relevant pleadings.

In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has an agreement in writing, signed by the client and filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein.

CRITICAL

Applies to

Proposed jury instructions

The Court must be furnished the original and one copy of each proposed jury instruction.

The original and one copy of each instruction proposed must be furnished to the Court.

CRITICAL

Applies to

Attorney fee affidavit

In civil cases where attorney’s fees are granted, the party seeking fees must file and serve opposing counsel with an affidavit itemizing the claim.

In all civil cases in which attorney’s fees are granted, the party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.

CRITICAL

Applies to

Pleading

A pleading incorporating a jury demand must identify the demand in both its title and body.

When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.

CRITICAL

Applies to

Order judgment decree

Counsel obtaining an order, judgment, or decree must present it in writing for the judge’s signature when applying for it.

It shall be the duty of counsel obtaining any order, judgment or decree to present the same in written form for the signature of the judge at the time of applying for the order, judgment or decree.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must include a proposed order for the Court’s signature with every motion.

Counsel shall include with all motions a proposed Order for the Court’s signature.

CRITICAL

Applies to

Remote appearance motion

A motion for counsel to appear remotely must state that the moving party consulted the opposing parties and their counsel and indicate whether the motion is opposed.

The motion shall clearly state that the moving party has consulted with the opposing party(s) and their counsel and shall indicate whether the motion is opposed.

CRITICAL

Applies to

Motion for leave to file pleading

A motion for leave to file a pleading must include a copy of the proposed pleading or amendment, and the original must be lodged with the Clerk.

Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court to file, the movant shall file with the motion, a copy of the proposed pleading or amendment and lodge the original with the Clerk of Court.

CRITICAL

Applies to

Communication

Letters and other communications to the Court from counsel or parties must indicate on their face that copies have been sent to opposing counsel.

The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel.

CRITICAL

Applies to

Motion

The title of every motion must identify the applicable Montana Rules of Civil Procedure rule number.

All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.

CRITICAL

Applies to

Original document

The original faxed document sent to the Clerk must be signed as required by Rule 11, M. R. Civ. P.

The original must be signed pursuant to Rule 11, M. R. Civ. P.

CRITICAL

Applies to

Proposed verdict forms

Each party must submit proposed verdict forms at the same time and in the same manner as its proposed jury instructions.

Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions.

CRITICAL

Applies to

Mediator report

The mediator’s report must be filed with copies to the Court, all counsel of record, and any unrepresented parties.

The report shall be filed with copies to the Court, all counsel of record, and any parties not represented by counsel.

CRITICAL

Applies to

Continuance motion

The motion’s affidavit must state the nature and materiality of the expected testimony or evidence, diligent efforts to secure it, and reasonable grounds for its production.

Pursuant to §25-4-201, MCA, a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance s granted.

CRITICAL

Applies to

Disclosure

The disclosure obligation is reciprocal and continuing, and a party must supplement or correct its disclosure within a reasonable time after learning it is incomplete or incorrect.

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.

CRITICAL

Applies to

Stipulation or agreement

Stipulations and agreements between parties or their attorneys must be made on the record, reduced to writing, or both.

Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.

WARNING

Applies to

Pre sentence investigation report

The probation officer must make reasonable efforts to contact victims, inform them of their right to attend and testify at sentencing, and seek a written statement for attachment to the PSI.

In preparing a Pre-Sentence Investigation Report (PSI), the probation officer shall make reasonable effort to contact any victim(s) and inform them of a right to be present and give testimony at the sentencing hearing and seek a written statement to be attached to the PSI.

WARNING

Applies to

Reminder letter

Such reminders shall be titled “Note of Issue”.

Such reminders shall be titled “Note of Issue”.

WARNING

Applies to

Brief

Each specific reference to a statement from a cited case must include a pinpoint citation.

D. Case Citations: Every specific reference to a statement from a cited case shall contain a pinpoint citation.