Big Horn County District Court, Montana Service and Proof of Service Rules

In civil cases where attorney’s fees are granted, the fee-seeking party must serve opposing counsel with the itemized affidavit.

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.

Applies to

Guilty plea waiver acknowledgment

Copies of the executed guilty-plea acknowledgment must be served on the persons and at the time specified by the form.

Copies of the executed document shall be served upon the persons designated by said form and at the time provided.

Proof of service for papers must be filed promptly and before the Court or parties take action, except where the rules or statutes prescribe a particular method of proof.

Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in the M.R.Civ.P. or other applicable statutes, shall be filed with the Clerk of Court promptly and, in any event, before any action is to be taken thereon by the Court or the parties.

Applies to

Court issued document

Service

Court service

In counties that have adopted electronic filing, the appropriate County Clerk of Court must serve documents issued by the Judge or Standing Master, whether or not electronic filing is mandatory for that case type.

Service of any notice, order, judgment or other document issued by the Judge or Standing Master of the Twenty-Second District in counties that have adopted electronic filing shall be accomplished by the appropriate County Clerk of Court consistent with Electronic Filing Rule 6. The Clerk of Court’s responsibility to provide service is irrespective of whether the type of case requires mandatory filing or not.

Applies to

Mandatory disclosure

Every party must serve and file an appropriate disclosure at least fifteen days before the Case Scheduling Conference.

Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.

Applies to

Written specific objections

Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.

Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.

A copy of the transcript request must be filed and served when seeking an extension.

shall file and serve a copy of his/her request

Unless otherwise provided by law, an attorney may withdraw only with the client’s consent or leave of Court after notice is served on the parties and opposing counsel.

Except as otherwise provided by law, no attorney may withdraw from any case except by consent of the client or by leave of the Court after notice has been served on the parties and opposing counsel.

Except with leave of Court, a party must make an appropriate pre-discovery disclosure before seeking discovery and serve a party with an appropriate disclosure before seeking discovery from that party; written interrogatories may be served simultaneously with the required disclosure.

Except with leave of 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 interrogatories upon a party simultaneously with service of the required disclosure statement upon that party.

Applies to

Proposed jury instructions

In a civil action, proposed jury instructions must be presented to the Court and served on each adverse party as directed by the jury trial preparation order.

C. Jury Instructions. Proposed instructions to the jury in a civil action shall be presented to the Court and served upon each adverse party as stated in the jury trial preparation order.

The original document must be served as provided by Rule 5, M. R. Civ. P.

Service of the original must be made as provided in Rule 5, M. R. Civ. P.

If the original is not served on the day of the fax filing, the faxed document must be served as provided by Rule 5, M. R. Civ. P.

If the original is not served on the same day as the facsimile filing transmission, service of the facsimile document must be made as provided in Rule 5, M. R. Civ. P.