Blaine County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An ex parte request to continue a law and motion matter set by court order must comply with Rule 3, UDCR.
- An extension of the discovery-completion deadline requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position.
- A trial-continuance request must be a written motion stating specific reasons and whether other parties oppose; a request based on an absent witness or evidence must also include the specified affidavit, and continuances are discretionary.
- +2 more
Request must include
Communication
Phone
Chambers
Document Format Requirements3 rules
The telefaxed document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
Formatting
- •The telefaxed document must be completely legible and show all necessary signatures
Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial. In marking trial exhibits, plaintiff shall use letters and defendants shall use numbers. Multiple defendants should use a different initial before numbering of each exhibit. (Eg., Defendant Robin would use R-1, R-2, etc.).
To provide impartial copies for submission to the jury, parties must be prepared to offer an unbound copy of approved jury instructions absent of citation of authority, offered party and consecutive numbering required under Rules 7(b) & (c), UDCR.
Document Filing Requirements35 rules
Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court. Where applicable, the title to the proposed order shall make reference to the underlying motion.
The titles of motions and briefs must identify the submitting party and briefly describe the subject.
Court's wording
For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject. (Eg., Defendant’s Motion for Change of Venue).
Motions, not correspondence, are required under Rule 15, LDCR should parties seek court action.
The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.
In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.
Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.
Should this phone conference result in an agreed scheduling order, parties shall complete and present a written scheduling order in approved format for Court approval.
Under Rule 7, M.R.Civ.P., any request for court order shall be by motion stating with particularity the grounds therefor and the relief or order sought.
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
No exhibits shall be used in opening statement without prior Court approval.
The parties and their attorneys must be present unless excused by the settlement judge/master.
Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed with the Court.
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
The application must inform applicants that they may have to reimburse the County and contain their agreement to diligently report substantial changes in their financial condition.
Court's wording
This application shall inform those claiming indigency that reimbursement for all or portions of cost incurred by the County in providing appointed counsel may be required and shall contain applicant’s agreement to diligently inform the Court of any substantial change in the reported financial condition.
In noncontested cases, these documents must be filed as required by § 46.30.1515 A.R.M.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether requesting party has knowledge of the child(ren) receiving or applying for public assistance
Defendants desiring court-appointed counsel due to indigency shall file a sworn Financial Disclosure Application substantially in form available through the Clerk of Court.
Prior to arraignment, defense counsel shall have reviewed and sought signature of defendant upon an Acknowledgment of Rights form to be presented to the Court at time of arraignment.
As long as application of uniform child support guidelines is required under § 40-4-204, M.C.A., a guidelines worksheet and financial affidavit(s), in accepted form, must be completed.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Initial bail request
Must include
- •Proposed order
At or before the time for hearing in cases where custody and/or visitation is contested, the moving parent(s) shall acknowledge they have read and considered these guidelines.
Prior to sentencing, defense counsel shall review the filed PSI with defendant.
Should examination be ordered upon defendant’s motion, defense counsel shall be responsible to assure a report of examination under § 46-14-206, MCA is timely filed.
The approved Omnibus Hearing Memorandum and Order form is to be used for the hearing, completed during it, and filed as the statutory memorandum.
Court's wording
The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court. This form document as completed during the Omnibus Hearing will be the memorandum filed under § 46-13-110(4), MCA.
Upon motions under § 46-14-202, MCA requesting examination, defendant’s counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
Counsel who intend to proffer an Alford plea under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof
In contested cases, these documents must be offered into evidence as exhibits.
A treatment plan under the cited statute must include the specified warning about circumstances in which parental rights may be terminated.
Court's wording
Any treatment plan as described in § 4-3-603(3), MCA must contain the following warning: “Under Montana law, parental rights may be terminated if the treatment plan is unsuccessful or the parents do not comply with it, and their condition or conduct renders them unfit and unlikely to change within a reasonable amount of time. Parental rights may also be terminated if the child has been in a foster home for one year and the parents do not complete the treatment plan because of substantial neglect or willful refusal. Parental rights can also be terminated if the child has been in a foster home for two years, the parents do not complete the treatment plan and there is substantial likelihood the parents will not be capable of resuming proper parenting.”
Filing & Service rules
Electronic Filing Rules
The party faxing a document must mail its original to the Clerk of Court by first-class mail on the transmission date.
The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail.
Page 1 | RULE 16 - TELEFAX FILING
A document that may be filed by mail may instead be submitted by telefax under the stated procedure.
Any document which may be filed by mail can be submitted by telefax transmission using the following procedure.
Page 1 | RULE 16 - TELEFAX FILING
Filing Timing and Cure Windows
The filer must ensure timely receipt and filing of the signed original; failure may result in the faxed filing being struck and having no effect.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.
Page 1 | RULE 16 - TELEFAX FILING
A telefaxed document is filed when the Clerk of Court receives it.
The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.
Page 1 | RULE 16 - TELEFAX FILING
Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
Page 1 | RULE 19 - SCHEDULING AND PRE-TRIAL
Settlement documents must be prepared and filed within 30 days.
Once of record, the agreement is binding and enforceable. Within thirty (30) days, settlement documents must be prepared and filed.
Page 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
Unless a motion seeking protection has already been filed, the prosecution must make the cited disclosures within twenty days after the defendant’s request.
Unless motion is previously filed seeking protection, the prosecution shall make disclosure under § 46-15-322(1)-(4), MCA within twenty (20) days of Defendant’s request.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Within twenty days after service, the requested agency must deliver the information for in camera inspection or file a response.
The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Unless the defendant effectively waives it, the presentence investigation must be completed and filed no later than ten days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Page 4 | RULE 28 - BANKRUPTCY
After receiving and confirming that the original matches the fax, the Clerk must file it and attach it to the faxed document.
Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document.
Page 1 | RULE 16 - TELEFAX FILING
The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.
The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Service and Proof of Service Rules
If the original is not served on the day of fax transmission, the faxed document must be served under Rule 5, M.R.Civ.P.
Should the original of the telefaxed document not be served on the same day as transmittal, service of the telefax document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | RULE 16 - TELEFAX FILING
If the child or children receive or are applying for public assistance, the petitioner must immediately notify Montana’s Child Support Enforcement Division in writing and file proof of notice with the Clerk.
if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 3 | RULE 24 - MARITAL DISSOLUTION CASES
After the appeal is filed and the record received, the Clerk must mail the parties a minute entry setting a scheduling appearance at the next law-and-motion date at least ten days after the entry; this does not apply to appeals on the record from Small Claims Court.
When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry. This provision does not apply to appeals on the record from Small Claims Court.
Page 4 | RULE 29 - APPEALS FROM JUSTICE OR CITY COURT
The petitioner must serve a copy of a petition to release confidential criminal justice information on each agency that maintains the information.
A copy of any petition for the release of confidential confidential criminal justice information under §§ 44-5-111 and 44-5-303, M.C.A., shall be served by petitioning party upon each agency maintaining such information.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Filing Fees and Waivers
Fax filing does not change or delay fees or their payment in the manner and time required by the Clerk.
Filing documents by telefax shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | RULE 16 - TELEFAX FILING
Sealing & Redaction Procedures
The Court may deny a request to seal sensitive settlement information when disclosure is in the public interest.
The court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
Pre-Motion Conference Requirements
Filed motions must be briefed and are deemed submitted under Rule 2, UDCR.
All motions filed shall be briefed and deemed submitted pursuant to Rule 2, UDCR.
Page 1 | RULE 15 - OBTAINING COURT ORDER
Oral argument will be set on summary judgment motions unless all parties waive it.
Oral argument will be set on summary judgment motions unless waived by all parties.
Page 1 | RULE 15 - OBTAINING COURT ORDER
Adjournment & Extension Requirements
An ex parte request to continue a law and motion matter set by court order must comply with Rule 3, UDCR.
Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, UDCR.
Page 1 | RULE 18 - LAW AND MOTION
An extension of the discovery-completion deadline requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position.
Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request.
Page 2 | RULE 19 - SCHEDULING AND PRE-TRIAL
A trial-continuance request must be a written motion stating specific reasons and whether other parties oppose; a request based on an absent witness or evidence must also include the specified affidavit, and continuances are discretionary.
Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance. Continuances are addressed to the discretion of the judge. Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.
Page 2 | RULE 19 - SCHEDULING AND PRE-TRIAL
The defendant must comply with the cited disclosure deadlines or seek an extension as permitted by the cited statute.
Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder.
Page 4 | RULE 25 - CRIMINAL ACTIONS
An order for temporary investigative authority and protective services may not extend beyond 180 days unless an extension is requested and granted.
An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted.
Page 4 | RULE 26 - YOUTH IN NEED OF CARE
Chambers Communication Rules
Counsel or parties must notify the Clerk of Court by noon on the preceding business day to place a matter on the law and motion calendar.
Counsel or parties shall notify the Clerk of Court by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | RULE 18 - LAW AND MOTION
Contested matters, matters involving factual questions, or matters requiring more than 30 minutes must be scheduled through the Court’s Administrative Assistant.
Contested matters, matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court’s Administrative Assistant at (406) 654-1062.
Page 1 | RULE 18 - LAW AND MOTION
Substantive ex parte discussions with the Court about pending or anticipated cases are prohibited unless all opposing parties are present or notified, or have approved or stipulated to the discussion; violations may result in sanctions.
There will be no ex parte discussion with the Court of substantive issues involving pending or anticipated cases without the presence of or notice to all opposing parties, or without prior approval or stipulation of opposing parties. A violation of this rule may result in imposition of sanctions against the offending party or attorney.
Page 1 | RULE 17 - COMMUNICATIONS WITH THE COURT
Letters and other communications to the Court must indicate on their face that copies were sent to all opposing parties or counsel.
The Court will not receive letters or other communication from parties or counsel which do not indicate on their face that copies have been sent to all opposing parties or counsel.
Page 1 | RULE 17 - COMMUNICATIONS WITH THE COURT
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrative Assistant at (406) 654-1062 to discuss a proposed scheduling order.
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrative Assistant at (406) 654-1062 to discuss a proposed scheduling order.
Page 1 | RULE 19 - SCHEDULING AND PRE-TRIAL
If a case settles before trial without documentation, the parties must promptly inform the Court in person or by conference call.
If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled.
Page 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
Only the Judge or the Court’s Administrative Assistant schedules oral argument.
Oral argument is scheduled exclusively by the Judge or through the Court’s Administrative Assistant.
Page 1 | RULE 15 - OBTAINING COURT ORDER
A moving party may present an emergency matter to the Court at any time upon an adequate showing.
Emergency matters may be presented to the court at any time upon adequate showing by moving party.
Page 1 | RULE 18 - LAW AND MOTION
After any allowed briefing or additional-filing period, parties may—and are encouraged to—send the Court a reminder letter limited to a brief description of the matter and the date it was made or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Page 1 | RULE 17 - COMMUNICATIONS WITH THE COURT