Broadwater County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Page & Word Limits1 rule
Pleadings and briefs other than initial pleadings are limited to 20 pages excluding attachments, or may instead be limited to 6,500 words with the specified exclusions and certification; extra pages require leave and good cause, and serial motions intended to evade the limit may be summarily denied.
- Pleading or brief
- Up to 20 pages or 6,500 words
Excluded from the limit
- •Attachments
- •Caption
- •Signature block
- •Certificates
- •Table of contents
- •Table of authorities
- •Appendices
- •Exhibits
Court's wording
Pleadings/briefs, except initial pleadings, in all cases shall be limited to 20 pages, not including attachments. Additional pages may be filed only with leave of the court and with good cause showing. Serial motions filed for the purpose of evading the 20-page limitation may result in summary denial of all such motions. Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices or exhibits) if accompanied by a certification of compliance which states the word count and the document’s line spacing and states either: (1) the document is proportionately spaced, together with the typeface and point size; or (2) the document uses a monospaced typeface, together with the number of characters per inch. A party may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document’s length.
Document Format Requirements4 rules
Please refer to Montana Uniform District Court Rule 1, except that the font size shall be no smaller than 12 point.
- Font size
- At least 12 points
All such motions filed via e-filing shall include a proposed order that is submitted in .doc or .docx format.
Email documents must be in a PDF format and submitted as an attachment to an email.
- File type
Unless otherwise ordered by the Court, plaintiffs/petitioners shall use numbers to identify their exhibits, and defendants/respondents shall use letters.
Document Filing Requirements9 rules
A filing using the 6,500-word alternative must include a certification stating its word count and line spacing, plus either its proportional typeface and point size or its monospaced typeface and characters per inch.
- Document
- Filing
Include
- •Word count
Court's wording
Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices or exhibits) if accompanied by a certification of compliance which states the word count and the document’s line spacing and states either: (1) the document is proportionately spaced, together with the typeface and point size; or (2) the document uses a monospaced typeface, together with the number of characters per inch. A party may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document’s length.
Motions to extend deadlines in scheduling orders must include a statement of when trial is scheduled (or if no trial is scheduled, the date of the pretrial conference).
When any motion has been fully briefed and oral argument has been held (if requested), the movant shall advise the Court by filing and serving a “Notice of Submittal.” Until such notice has been filed and served, the matter will not be deemed submitted for decision.
All motions filed conventionally, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order with copies and addressed envelopes for all counsel of record.
- Document
- Motion
Must include
- •Proposed order
All such motions filed via e-filing shall include a proposed order that is submitted in .doc or .docx format.
- Document
- Motion
Must include
- •Proposed order
All documents must be properly signed and dated.
Unless either party timely requests an omnibus hearing in writing, omnibus hearing memoranda shall be completed by both parties and filed by the State within six weeks of arraignment.
Any motion to compel discovery or for discovery sanctions shall certify that the movant has in good faith conferred or attempted to confer with the party failing to make discovery in an effort to obtain it without court action.
- Document
- Motion
Must include
- •Certificate of conference
If a judge has had any matter under advisement for more than thirty days, any party affected thereby may file and serve a “Reminder of Submittal,” describing the matter under advisement and stating the date it was taken under advisement.
Filing & Service rules
Electronic Filing Rules
Filings in DC, DD, DN, DJ, DR, DV, and DI cases must follow the court’s electronic-filing order and the incorporated temporary electronic-filing rules.
All filings in DC, DD, DN, DJ, DR, DV, and DI cases must be filed in accordance with the Court’s standing Order Implementing Electronic Filing System and Email Filing Discontinued and Abolished, DV-2023-11 (Apr. 10, 2023), which adopts and incorporates the Montana Supreme Court’s Temporary Electronic Filing Rules, Cause No. AF 14-0745.
Page 6 | I. Electronic Filing
Email and fax filings are not accepted in Lewis and Clark County.
In Lewis and Clark County, email and fax filings will no longer be accepted.
Page 6 | I. Electronic Filing
Self-represented litigants and litigants in other case types must file documents conventionally with the Clerk of Court.
Self-represented litigants and litigants in other case types must file documents conventionally with the Clerk of Court.
Page 6 | I. Electronic Filing
Fax filings are not accepted in Broadwater County.
Fax filings will no longer be accepted.
Page 6 | I. Electronic Filing
Broadwater County email filings must be sent to one of the listed email addresses.
Email filings must be sent to: vhornsveld@mt.gov, aplymale@mt.gov or desiree.taves@mt.gov
Page 6 | I. Electronic Filing
Documents may be submitted for filing by email in Broadwater County.
In Broadwater County, documents may be submitted for filing by email.
Page 6 | I. Electronic Filing
Filing Timing and Cure Windows
The hard-copy original of an emailed document must be provided within five business days.
A hard copy original of an emailed document must be provided within five business days.
Page 6 | I. Electronic Filing
Unless a party timely requests an omnibus hearing in writing, both parties must complete omnibus hearing memoranda and the State must file them within six weeks of arraignment.
Unless either party timely requests an omnibus hearing in writing, omnibus hearing memoranda shall be completed by both parties and filed by the State within six weeks of arraignment.
Page 8 | Rule 8 - Criminal Cases
If the original is not filed within five days, the Court may direct the Clerk to strike the filing, and a stricken filing is void.
If the original is not filed within five days, the Court may direct that the Clerk of Court strike the filing from the record. Any filing so stricken is void.
Page 6 | I. Electronic Filing
Service and Proof of Service Rules
The movant must serve the Notice of Submittal after the motion is fully briefed and any requested oral argument has occurred.
When any motion has been fully briefed and oral argument has been held (if requested), the movant shall advise the Court by filing and serving a “Notice of Submittal.” Until such notice has been filed and served, the matter will not be deemed submitted for decision.
Page 5 | E. Notice of Submittal
When filing a custody petition in a Department abuse or neglect case, Department counsel must provide parents’ counsel, the GAL, and any CASA worker copies of all documents the Department seeks to admit at a hearing.
In abuse and neglect cases brought by the Montana Department of Health and Human Services (Department), counsel for the Department, at the time of the filing of a petition for any type of custody, shall provide to counsel for the parents, the GAL, and the CASA worker (if any) copies of all documents sought to be admitted into evidence at any hearing by the Department, including, but not limited to, all reports generated by third parties gathered by the Department in the course of its investigation and treatment of the family involved.
Page 7 | Rule 7 - Dependent Neglect Cases
When a document is presented during trial or a hearing, copies must be presented to the judge and opposing counsel.
If a document is presented during trial/hearing, copies of the document must be presented to the judge and to opposing counsel.
Page 7 | Rule 6 - Specific Trial/Hearing Conduct
Attorneys appearing by Zoom must mail exhibits to the Clerk sufficiently early for receipt and provide copies to opposing counsel in advance.
If attorneys appear by Zoom, the attorney(s) appearing remotely will mail any exhibits will to the Clerk of Court sufficiently in advance of the hearing to ensure receipt, and copies will provide copies in advance to opposing counsel.
Page 7 | Rule 6 - Specific Trial/Hearing Conduct
An affected party who files a Reminder of Submittal after a matter has been under advisement for more than thirty days must serve it.
If a judge has had any matter under advisement for more than thirty days, any party affected thereby may file and serve a “Reminder of Submittal,” describing the matter under advisement and stating the date it was taken under advisement.
Page 5 | E. Notice of Submittal
When Montana counsel associates with out-of-state pro hac vice counsel, District Court orders and notices are delivered only to in-state counsel, subject to few exceptions.
When a Montana attorney is associating with an out-of-state attorney who is appearing pro hac vice on a Montana case, orders/notices from the District Court will be delivered to in-state counsel only, with few exceptions.
Page 6 | J. Copies of Court Documents
The State and Defendant must exchange discovery as soon as reasonably practicable; in most non-complex cases it should be substantially complete by the omnibus memorandum deadline, and discovery disputes do not excuse completing the memorandum.
The State and Defendant shall exchange discovery as required by Montana Code Annotated §§ 46-15-322 and -323 and other applicable law. Discovery shall be accomplished as soon as reasonably practicable and in most non-complex cases, should be substantially complete by the omnibus memorandum deadline. Disputes about discovery, however, are not a basis for refusal to complete an omnibus memorandum.
Page 8 | Rule 8 - Criminal Cases
Sealing & Redaction Procedures
SW, IS, DF, DA, DD, DI, and DN matters must be filed under seal; named parties and court personnel may access them without specific authorization, while all other access requires Court authorization.
All SW, IS, DF, DA, DD, DI, and DN matters shall be filed under seal. The respondent, the respondent’s attorney, the county attorney, and all court personnel are allowed access to these files without specific authorization from the Court. Any other access to these files will only be made with specific authorization from the Court.
Page 4 | C. Sealing of Cases
Other cases may be sealed only upon motion, leave of Court, and a showing of good cause.
No other cases will be sealed except upon motion and leave of the Court for good cause shown.
Page 4 | C. Sealing of Cases
Counsel may not disseminate Department discovery or materials prepared from the recordings without prior court approval, except to the listed recipients.
Counsel for each party will not disseminate without prior Court approval the discovery obtained from the Department or any excerpt, exhibit, or transcript prepared from these recordings to any person other than the following: i. any attorney of record for the mother, father or youth; ii. CASA/GAL assigned to the case; iii. investigators and support staff for the counsel of each party; iv. any expert retained to review the recordings; and v. any person retained for the purpose of preparing an excerpt, exhibit, or transcript from the recordings.
Page 7 | Rule 7 - Dependent Neglect Cases
Counsel must advise each listed recipient that any further dissemination of the discovery is strictly prohibited.
Counsel for the parties shall advise any above-listed person receiving the discovery that further dissemination, in its broadest sense, is strictly prohibited.
Page 8 | Rule 7 - Dependent Neglect Cases
If counsel provides a copy of discovery to a parent client, counsel must redact confidential information.
If counsel chooses to provide a copy to their parent client, it is counsel’s obligation to redact confidential information.
Page 8 | Rule 7 - Dependent Neglect Cases
Access to CONFIDENTIAL materials is limited to the listed attorneys, necessary expert witnesses and case personnel, and the defendant.
Access to materials marked CONFIDENTIAL is limited to: (A) attorneys representing the defendant or the State; (B) expert witnesses whose review of the material is necessary for the presentation of the party’s case; (C) law clerks, investigative agents, paralegals, and assistants employed by defendant or the State, whose review of the material is required for the preparation and presentation of the party’s case; and (D) the defendant.
Page 9 | E.i
Attorneys must expressly advise every authorized reviewer that the documents may be used only for the pending court matter.
Attorneys shall expressly advise every authorized person who reviews the documents as to this limitation on lawful use.
Page 9 | E.iii
Attorneys of record must use reasonable measures consistent with the rule to control duplication, access, and distribution of CONFIDENTIAL documents.
It shall be the responsibility of the attorneys of record in the action to employ, consistent with this rule, reasonable measures to control duplication of, access to, and distribution of the documents.
Page 9 | E.iv
A party that disseminates CCJI must advise each recipient of the obligation to keep it confidential under the MCJIA.
Any party in receipt of CCJI shall advise any person to whom it is disseminated under this rule of their obligation to keep CCJI confidential under the MCJIA.
Page 9 | D
CONFIDENTIAL documents may not be left with the defendant unless defense counsel is present.
Documents shall not be left in the defendant’s possession without defense counsel present.
Page 9 | E.ii
CONFIDENTIAL documents may be used only in connection with a matter pending before the court.
Documents shall be used in connection with a matter pending before this court and for no other purpose.
Page 9 | E.iii
Attorneys of record must take reasonable measures to control duplication, access, and distribution of discovery, while parties may use it at hearings to the extent otherwise permitted by law.
It shall be the responsibility of the attorneys of record in an action to employ, consistent with this local rule, reasonable measures to control the duplication of the access to, and the distribution of discovery. The parties will not be prohibited from using the discovery, at the hearings of this matter, to the extent otherwise permitted by law.
Page 8 | Rule 7 - Dependent Neglect Cases
Counsel may show discovery to a party only while that party’s counsel or a paralegal is present.
Counsel for each party may show the discovery to the parties, but at all times counsel for the party or a paralegal shall be present.
Page 8 | Rule 7 - Dependent Neglect Cases
A party may conspicuously designate as CONFIDENTIAL disclosed materials containing a child’s personally identifying information or implicating a non-party’s privacy interests.
Whenever a party discloses information that is sensitive because it contains personally identifying information regarding a child or that implicates the privacy interests of a non-party to the case—for example, social security numbers and financial or medical information—the disclosing party may designate those materials as CONFIDENTIAL by conspicuously marking or designating them as such.
Page 9 | E
A recipient of CCJI may disseminate it to specified case participants only as necessary to prepare or investigate the case, and may not otherwise disseminate it without complying with the MCJIA.
A party in receipt of material through discovery that constitutes confidential criminal justice information (CCJI) within the meaning of the Montana Criminal Justice Information Act (MCJIA) may further disseminate such materials to their counsel, employees, agents, investigators, and experts to the extent necessary to assist in the preparation or investigation of the case but may not otherwise disseminate the information without complying with the MCJIA.
Page 9 | D
Noncompliance with the confidential-materials rule may constitute contempt and subjects the offending person to sanctions to the extent permitted by law and the court’s authority.
Failure to comply with the terms of this rule may constitute contempt of court and will subject the offending person to sanction to the full extent permitted by these rules, Montana law, and the Court’s inherent authority.
Page 10 | E.v
Adjournment & Extension Requirements
A motion to continue must be made in writing.
Motions to continue must be in writing.
Page 5 | F. Motions to Continue
Filing and scheduling-order deadlines will be enforced unless the Court receives and approves a written extension motion.
Filing and scheduling order deadlines will be strictly adhered to unless a written motion for an extension has been received and approved by the Court.
Page 5 | H. Filing Deadlines
A request to extend the omnibus deadline must be made in writing before the deadline passes.
Requests to extend the omnibus deadline shall be made in writing prior to the passing of the deadline.
Page 8 | Rule 8 - Criminal Cases
Chambers Communication Rules
If a party believes a potentially violent situation may arise, the party, through counsel or pro se, must notify the assigned judge, court security officer, and/or court bailiff sufficiently in advance for security measures to be arranged.
In any case where a party believes that a potentially violent situation may arise, that party, through counsel or pro se, shall notify the assigned judge, the court security officer, and/or court bailiff sufficiently in advance so appropriate security measures can be taken.
Page 10 | Rule 9 - Court Security - Potentially Violent Situations; Duty of Party