Blaine County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement summarizing its case and describing the strengths and weaknesses on each side.

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.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party seeking an order must submit a separate proposed order before the hearing or court action, and its title must refer to the underlying motion when applicable.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a variance must furnish written proposed findings addressing its contention that clear and convincing evidence supports the variance.

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.

CRITICAL

Applies to

Opening statement

Exhibits may not be used in an opening statement without prior Court approval.

No exhibits shall be used in opening statement without prior Court approval.

CRITICAL

Applies to

Motion and brief

The titles of motions and briefs must identify the submitting party and briefly describe the subject.

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).

CRITICAL

The parties and their attorneys must attend the settlement conference unless excused by the settlement judge or master.

The parties and their attorneys must be present unless excused by the settlement judge/master.

CRITICAL

Applies to

Financial disclosure application

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.

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.

CRITICAL

Applies to

Child support guidelines documents

In noncontested cases, the child support guidelines documents must be filed as required by the cited rule.

In noncontested cases, these documents must be filed as required by § 46.30.1515 A.R.M.

CRITICAL

Applies to

Presentence investigation

Before sentencing, defense counsel must review the filed PSI with the defendant.

Prior to sentencing, defense counsel shall review the filed PSI with defendant.

CRITICAL

Applies to

Examination report

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.

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.

CRITICAL

Applies to

Omnibus hearing memorandum and order

The approved Omnibus Hearing Memorandum and Order form is to be used for the hearing, completed during it, and filed as the statutory memorandum.

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.

CRITICAL

Applies to

Written status report

A mediation agreement must be promptly put in writing, and the parties must file a written status report with the Court upon execution.

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.

CRITICAL

Applies to

Examination motion

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.

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.

CRITICAL

Applies to

Child support modification petition

A petition to modify child support must state whether the requesting party knows that the child or children receive or are applying for public assistance.

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

CRITICAL

Applies to

Bankruptcy notice

A party filing for bankruptcy protection must immediately notify this Court in writing 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.

CRITICAL

Applies to

Request for court action

Parties seeking court action must use motions rather than correspondence.

Motions, not correspondence, are required under Rule 15, LDCR should parties seek court action.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

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

The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.

CRITICAL

Applies to

Petition for release of confidential information

The petition must tell the requested agency that within twenty days of service it must deliver the requested information to the Court 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.

CRITICAL

Applies to

Financial disclosure application

A defendant seeking court-appointed counsel due to indigency must file a sworn Financial Disclosure Application substantially in the form available from the Clerk.

Defendants desiring court-appointed counsel due to indigency shall file a sworn Financial Disclosure Application substantially in form available through the Clerk of Court.

CRITICAL

Applies to

Plea agreement

A plea agreement under the cited statute must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.

CRITICAL

Applies to

Acknowledgment of rights form

Before arraignment, defense counsel must review the Acknowledgment of Rights form with the defendant, seek the defendant’s signature, and present the form to the Court at arraignment.

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.

CRITICAL

Applies to

Child support guidelines documents

When the child support guidelines apply, a guidelines worksheet and financial affidavits in accepted form must be completed.

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.

CRITICAL

Applies to

Alford plea

Counsel intending to offer an Alford plea must present a factual basis showing good reason for the Court to accept it.

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.

CRITICAL

Applies to

Oral argument request

In civil cases, a request for oral argument on a motion other than summary judgment must state specific reasons.

In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.

CRITICAL

Applies to

Standard size trial exhibits

Copies of all standard-size trial exhibits must be prepared in advance for the judge and opposing counsel.

Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.

CRITICAL

Applies to

Order to show cause temporary restraining order or like order

Two copies of an order to show cause, temporary restraining order, or like order must be presented; the court retains one and returns the duplicate original for service.

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.

CRITICAL

Applies to

Scheduling order

If the phone conference results in agreement, the parties must complete and present a written scheduling order in the approved format for court approval.

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.

CRITICAL

Applies to

Initial bail request

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations for the period pending initial appearance.

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.

CRITICAL

Applies to

Amended discovery order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” with proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

CRITICAL

Applies to

Motion

A request for a court order must be made by motion stating the specific grounds and relief sought.

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.

CRITICAL

In contested custody or visitation cases, the moving parent or parents must acknowledge by the hearing that they have read and considered the guidelines.

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.

WARNING

Applies to

Conservatorship order

Unless waived by court order or the local rules, orders should include provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

WARNING

Applies to

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

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

CRITICAL

Applies to

Treatment plan

A treatment plan under the cited statute must include the specified warning about circumstances in which parental rights may be terminated.

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.”

CRITICAL

In contested cases, the child support guidelines documents must be offered into evidence as exhibits.

In contested cases, these documents must be offered into evidence as exhibits.