Broadwater County District Court, Montana Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of submittal

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.

CRITICAL

Service

Mail

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.

WARNING

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.

WARNING

Applies to

District court orders and notices

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.

WARNING

Applies to

Reminder of submittal

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.