Carbon County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Simultaneously with Filing
Motion, Brief
- For Consideration
Adjournments
- To extend a brief deadline, obtain Court approval before the due date and provide notice to each party; otherwise, a late brief may be disregarded or counsel sanctioned.
- The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party’s written motion, with prior notice to all parties.
- A motion to postpone or continue trial because of absent evidence or a witness must include an affidavit showing the evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production; if the evidence is admissible and the adverse party stipulates it may be treated as given, postponement is unavailable unless the Court finds that proceeding would work an injustice.
- +2 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Briefs are limited to 20 pages, excluding indices and appendices; summary-judgment undisputed facts count toward the limit, and additional pages require leave of Court on a showing of good cause.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Court's wording
C. Length of Briefs: No brief shall exceed 20 pages in length, exclusive of indices and appendices. This page limit includes the statement of undisputed facts in a Motion for Summary Judgment. No separate statement of genuine issues, disputed, or undisputed facts shall be filed by any party when briefing a Motion for Summary Judgment, nor may a separate statement be submitted as an attachment. Rather, all such issues shall be included in the brief that is subject to the page limitation. Additional pages may be filed only with leave of the Court upon a showing of good cause.
Document Format Requirements8 rules
Counsel shall provide an electronic copy of the proposed Order in Word format to the Court Administrator.
B. Acceptable Fonts: All briefs shall be written in either Times New Roman or Arial font, no smaller than 12 pt.
- Font size
- At least 12 points
Formatting
- •The permitted font families are Times New Roman or Arial
Electronic copies of the proposed instructions and verdict forms shall be provided to the Court in Word format, via email, CD, or other electronic media. The Court’s preferred method of receiving proposed instructions and verdict forms is by email.
The form of interrogatories and answers thereto shall conform to the requirements of Rule 33, M.R.Civ.P.
Formatting
- •The form of interrogatories and answers must conform to Rule 33, M.R.Civ.P.
All briefs shall comply with Local Rule 10-2, infra. Failure to comply with Local Rule 10-2 may subject an offending brief to being stricken from the record and not being considered by the Court.
Any papers filed which do not conform to Rule 10 or 11, M.R.Civ.P., may be stricken by the Court, on its own initiative and upon such terms as to the Court may appear just.
Formatting
- •Papers must conform to Rule 10 or 11, M.R.Civ.P.
A. Form of Briefs: All briefs shall comply with Rule 1, U.D.C.R., including but not limited to its restrictions on pagination, spacing, page numbering, etc.
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
Document Filing Requirements30 rules
All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.
Motions shall be governed by Rule 2, Uniform District Court Rules, except motions made pursuant to Rules 52, 56, 59, and 60 of the M.R.Civ.P., which shall be noticed for hearing by the moving party in accordance with the provisions of said Rules.
Counsel shall include with their motion a proposed Order granting oral argument if such is desired. The proposed Order granting oral argument shall include blanks for the Court to fill in the date and time.
- Document
- Motion
Must include
- •Proposed order
Counsel shall include with all motions a proposed Order for the Court’s signature.
- Document
- Motion
Must include
- •Proposed order
A party that made a pre-discovery disclosure must supplement or correct it within a reasonable time after learning that it is incomplete or incorrect, and the disclosure obligation continues throughout the case, subject to the stated exceptions.
Court's wording
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (2) Supplementation of Disclosure. The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
An appropriate disclosure must include the factual and legal basis of each claim or defense, identifying and summarizing information about knowledgeable individuals, relevant documents and things, claimed damages, and applicable insurance.
Court's wording
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: The disclosure shall contain the following information: (a) the factual basis of every claim or defense advances by the disclosing party. In the event of multiple claims or defenses, the factual basis for each claim or defense; (b) the legal theory upon which each claim or defense is based including, where necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name, and if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses, and a summary of that information; (d) a copy of, or a description, including the location and custodian, of documents or data compilations, and tangible things and relevant documents reasonably likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment.
A represented party’s mandatory disclosure or supplement must be signed by at least one attorney of record; an unrepresented party must sign the disclosure, and the signature certifies its completeness after reasonable inquiry.
Court's wording
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (3) Signing of Disclosure. Every mandatory disclosure or supplement made by a party represented by counsel shall be signed by at least one attorney of record. A party who is not represented by counsel shall sign the disclosure. The signature of counsel or the party constitutes a certification that to the best of the signer’s knowledge, information, and belief, formed after the reasonable inquiry, the disclosure is complete as of the time it was made.
The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel.
A motion for leave to file a pleading must be accompanied by a copy of the proposed pleading or amendment, and the original must be lodged with the Clerk.
Court's wording
Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court to file, the movant shall file with the motion, a copy of the proposed pleading or amendment and lodge the original with the Clerk of Court.
When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.
A facsimiled document must show all necessary signatures or it will not be filed by the clerk.
The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.
The original must be signed pursuant to Rule 11, M. R. Civ. P.
For summary-judgment briefing, parties may not file or attach separate fact statements; all such issues must be included in the page-limited brief.
Court's wording
No separate statement of genuine issues, disputed, or undisputed facts shall be filed by any party when briefing a Motion for Summary Judgment, nor may a separate statement be submitted as an attachment. Rather, all such issues shall be included in the brief that is subject to the page limitation.
The parties must provide agreed proposed jury instructions and a stipulation signed by counsel for all parties.
Court's wording
B. Stipulated Jury Instructions. The parties shall provide a set of proposed jury instructions upon which the parties agree, as well as a stipulation thereto, signed by counsel for all parties. Such stipulated instructions shall be provided to the Court via the same methods described in Rule 12(B).
Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions.
The original and one copy of each instruction proposed must be furnished to the Court.
The Court’s working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and on an attached page, contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
The stipulation accompanying the stipulated instructions shall include a brief description of which proposed instructions remain contested.
Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.
It shall be the duty of counsel obtaining any order, judgment or decree to present the same in written form for the signature of the judge at the time of applying for the order, judgment or decree.
When an attorney’s authority to represent a party is disputed, the attorney must have a client-signed written agreement filed in the record, unless the party personally signed the pleadings through which the attorney appears.
Court's wording
In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has an agreement in writing, signed by the client and filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein.
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.
Before a guilty plea is accepted, defense counsel must file a fully executed waiver-of-rights acknowledgment consistent in form and content with the version on file with the Clerk.
Court's wording
Before the judge will accept any plea of guilty, the attorney for the defendant shall file with the Court a fully executed acknowledgment of waiver of rights by plea of guilty, in the form and with content consistent with the one on file with the Clerk in the general order file, copies of which shall be available from the Clerk.
The notice of appeal must clearly state whether the case was decided in a court of record and identify the governing standard of review.
Court's wording
The appealing party must clearly indicate on their notice of appeal whether the case was decided in a court of record. Further, the notice of appeal must clearly indicate the standard of review governing the appeal, be it de novo or another more deferential standard.
Counsel shall inform the Court no later than fourteen (14) days prior to trial regarding whether the cause will proceed to a jury trial, or at such other time that the Court may order. Failure to advise the Court shall be grounds for the Court to vacate and reset the trial date.
The motion shall clearly state that the moving party has consulted with the opposing party(s) and their counsel and shall indicate whether the motion is opposed.
In the event the Court has under advisement any matter (including but not limited to a motion or decision in a bench trial) for a period of more than ninety (90) days, each party affected thereby is encouraged to send to the Court a reminder letter particularly describing the matter under advisement and stating the date the matter was taken under advisement. Such reminders shall be titled “Note of Issue”.
D. Case Citations: Every specific reference to a statement from a cited case shall contain a pinpoint citation.
The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.
Filing & Service rules
Electronic Filing Rules
Registered users must submit proposed orders through the electronic filing system in Word format.
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
Page 17 | RULE 30 – ELECTRONIC FILING
Lawyers appearing in cases in counties with electronic filing must register for and use the electronic filing system.
All lawyers admitted to practice in Montana, or those appearing pro hac vice, who shall appear in cases filed in the these counties shall become registered users of the electronic filing system and begin using the electronic filing system.
Page 17 | RULE 30 – ELECTRONIC FILING
Lawyers must use the electronic filing system in every case in counties that have adopted it, regardless of when the case was filed.
Consistent with Electronic Filing Rule 2(b), use of the electronic filing system for all lawyers admitted to practice in Montana, or those appearing pro hac vice, is mandatory in all cases in counties that have adopted electronic filing. Mandatory use of the electronic filing system shall apply to all cases, irrespective of filing date.
Page 17 | RULE 30 – ELECTRONIC FILING
Documents eligible for filing by mail may be filed by facsimile under the stated procedure, except in counties that have adopted electronic filing.
Any document which may be filed by mail can be submitted by facsimile transmission using the following procedure. However, documents may not be filed via facsimile if the county where the case is taking place has adopted electronic filing.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing
Registered users must keep their electronic filing profiles current, accurate, and complete, and notify the appropriate County Clerk of Court if their email address changes.
All registered users of the electronic filing system are responsible for keeping the registration information profile current, accurate and complete in the electronic filing system by notifying the Clerk of Court of the appropriate county should the registered users email address change.
Page 17 | RULE 30 – ELECTRONIC FILING
A waiver from using the electronic filing system may be granted on application to the Judge for compelling or extenuating circumstances, but only upon a showing of genuine necessity.
Upon application to the Judge of the Twenty-Second Judicial District, waivers for use of the system may be granted for compelling or extenuating circumstances. Such waivers will only be granted upon a showing of genuine necessity.
Page 17 | RULE 30 – ELECTRONIC FILING
Electronic filing is not mandatory for self-represented litigants, but they are strongly encouraged to register as system users.
While use of the electronic filing system is not currently mandatory for self- represented litigants, self-represented litigants are strongly encouraged to become registered users of the system.
Page 18 | RULE 30 – ELECTRONIC FILING
Filing Timing and Cure Windows
A matter cannot be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk.
No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
Page 3 | RULE 2 – LAW AND MOTION
An appropriate disclosure must be served and filed no later than 15 days before the Case Scheduling Conference, subject to the stated discovery-rule exceptions.
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.
Page 5 | C. Discovery Rules
A brief due on a specified date must be filed by 5:00 p.m. on that date.
All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed on or before 5:00 p.m. by that date.
Page 7 | RULE 10 – FILINGS, G. Brief Deadlines
A written order or judgment must be presented to the Clerk for filing immediately after it is made.
When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.
Page 7 | RULE 10 – FILINGS, F. Orders
The Clerk files the original, but its filing date is deemed to be the date the facsimile was filed.
The original document shall be filed by the clerk and the date of filing shall be deemed to be the date of the filing of the facsimile transmission.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
A facsimile filing is filed on the date and time the Clerk receives the transmission.
The date and time of receipt of the transmission by the clerk of court shall be the date and time of filing.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, i
Unless the Court extends the time, the Clerk must receive the signed original within five working days of the facsimile filing or the facsimiled document will be stricken and have no effect.
Unless an order of court is obtained extending the time, failure of the clerk to receive the signed original within five (5) working days shall cause the facsimiled document to be stricken and it shall be of no force or effect whatsoever. It shall be the obligation of the party filing the facsimiled document to ensure the original is received by the clerk of court within the allotted five (5) working days.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
The sender must mail the original of a facsimiled document to the Clerk by first-class mail on the date of transmission.
The sender shall, on the date of the facsimile transmission, mail the original of whatever is sent by facsimile to the clerk of court by first class mail.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
Within five days after mediation is completed, the mediator must submit a report stating that the conference was held and describing any issues settled.
C. Report of the Mediator. Within five (5) days of the completion of the mediation, the mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.
Page 9 | RULE 11 – MEDIATION
If an order’s original is taken out for service, a copy must be presented to the Clerk immediately upon signing.
A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk immediately upon the signing thereof.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
Orders, decrees, and judgments must be filed immediately after the Court signs them.
All orders, decrees and judgments shall be immediately filed following signature by the Court.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
Counsel must present an order to the Clerk immediately after the Court makes it.
When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
The opposing party must file a hearing request on the reasonableness of claimed attorney’s fees within ten days thereafter.
The opposing party shall within ten (10) days thereafter file a request for a hearing on the reasonableness of the claimed attorney fees.
Page 12 | RULE 17 - ATTORNEYS
Unless the defendant effectively waives it, the PSI must be completed and filed with the Court no later than 10 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 14 | RULE 24 – CRIMINAL CASES
Counsel seeking to appear remotely must file a motion at least 48 hours before the hearing or conference.
If a counsel wishes to appear remotely, they must file a motion with the Court no later than forty-eight (48) hours prior to the date of the hearing or conference.
Page 18 | RULE 32 – REMOTE APPEARANCES
A party must file and serve written specific objections, or apply to the district court for an extension, within 10 days after service of notice of the findings and conclusions or order to avoid the Standing Master’s judgment becoming 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.
Page 18 | RULE 31 – STANDING MASTERS
Service and Proof of Service Rules
Proof of service for papers that must or may be served must be filed promptly and before the Court or parties act, unless the Montana Rules of Civil Procedure or another applicable statute prescribes a particular proof method.
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.
Page 4 | RULE 5 – SERVICE OF PROCESS AND PAPERS
Except in Domestic Relations Cases or cases where good cause is shown by motion and affidavit, a party generally may not seek discovery before making the required disclosure or seek it from another party before serving that party, although written interrogatories may be served simultaneously with the disclosure and the Court may grant leave.
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (1) 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.
Page 5 | C. Discovery Rules
The original document must be served as provided in Rule 5, M. R. Civ. P.
Service of the original must be made as provided in Rule 5, M. R. Civ. P.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
If the original is not served on the day of the facsimile filing, the facsimile document must be served under 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.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, i
The mediator’s report must be filed with copies to the Court, all counsel of record, and any unrepresented parties.
The report shall be filed with copies to the Court, all counsel of record, and any parties not represented by counsel.
Page 9 | RULE 11 – MEDIATION
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.
Page 10 | RULE 12 – TRIALS
An attorney may withdraw only with the client’s consent or the Court’s leave after notice has been served on the parties and opposing counsel, subject to exceptions provided by law.
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.
Page 12 | RULE 17 - ATTORNEYS
The itemized attorney-fee affidavit must be served on opposing counsel in civil cases where attorney’s fees are granted.
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.
Page 12 | RULE 17 - ATTORNEYS
Copies of the executed guilty-plea acknowledgment must be served on the persons and at the time designated by the form.
Copies of the executed document shall be served upon the persons designated by said form and at the time provided.
Page 13 | RULE 23 – GUILTY PLEA
A copy of the written transcript request must be filed and served as part of the process for seeking an extension to prepare the transcript.
Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.
Page 13 | RULE 22 – TRANSCRIPT
After the Clerk receives the record in a civil or criminal Justice or City Court appeal, the Clerk must mail the parties a letter identifying the appeal and its assigned District Court case number.
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 letter indicating that the matter has been appealed to District Court and indicating what the assigned District Court case number is.
Page 14 | RULE 25 – APPEALS FROM JUSTICE OR CITY COURT
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.
Page 18 | RULE 31 – STANDING MASTERS
The appropriate County Clerk of Court must serve notices, orders, judgments, and other documents issued by the Judge or Standing Master in counties that have adopted electronic filing.
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.
Page 17 | RULE 30 – ELECTRONIC FILING
The Clerk of Court must provide service whether or not the case type requires mandatory electronic filing.
The Clerk of Court’s responsibility to provide service is irrespective of whether the type of case requires mandatory filing or not.
Page 17 | RULE 30 – ELECTRONIC FILING
Filing Fees and Waivers
A motion for substitution of judge must include the required filing fee when filed or it will be stricken.
All motions for the substitution of Judge shall be accompanied by the required filing fee at the time of filing, otherwise the motion shall be stricken.
Page 3 | RULE 3 – SUBSTITUTION OF RECUSAL OF JUDGE
Documents subject to a filing fee must be accompanied by payment or a fee waiver approved in writing by the Court.
All pleadings, motions, and briefs shall be filed with the Clerk of Court. The Clerk of Court shall not accept or file any document required to be accompanied by a filing fee, unless the fee is paid or the Court has approved a fee waiver in writing.
Page 7 | RULE 10 – FILINGS, A. Filing Fees
Facsimile filing does not change or delay required fees, which must be paid in the manner and time required by the Clerk.
The use of facsimile transmission shall not change or delay the required payment of fees. It shall be the obligation of the person filing the facsimiled document to pay any required fees in the manner and within the time required by the clerk of court.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, iii
Courtesy Copy Requirements
Courtesy copies of all filings are mandatory and should be provided to the Court Administrator simultaneously with filing; omission may delay the Court's review.
Courtesy copies of all filings are mandatory and should be provided to the Court Administrator simultaneously with their filing with the appropriate Court Clerk. Failure to provide a courtesy copy may delay the Court’s review of the filing.
Page 8 | RULE 10-1 – COURTESY COPIES
Courtesy copies of motions and briefs must be made available to the Court, may be mailed, faxed, or emailed, and are strongly preferred by email to the Court Administrator; the requirement applies even in counties using e-filing.
Courtesy copies for all motions and briefs filed with the Clerk of Court shall be made available to the Court for consideration. See Local Rule 10-1, supra. Copies may be mailed, faxed or emailed to the Court Chambers in Columbus, Montana. The Court strongly prefers that courtesy copies are provided to the Court Administrator via email. Courtesy copies must be provided even if the county where the case is taking place has adopted e-filing.
Page 8 | RULE 10 – FILINGS, I. Courtesy Copies
Counsel must provide Chambers with a courtesy copy of every document.
Registered users are also reminded that pursuant to Twenty-Second Judicial District Local Rules a courtesy copy of all documents must be provided to Chambers by counsel.
Page 17 | RULE 30 – ELECTRONIC FILING
Pre-Motion Conference Requirements
After arraignment, either the State or defendant may make a motion permitted by the Montana Rules of Criminal Procedure, and the moving party must notice it for hearing; dispositive motions must follow the Omnibus Hearing Order.
The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and said motion shall be noticed for hearing by the moving party. Dispositive motions shall be made as directed in the Omnibus Hearing Order.
Page 13 | RULE 24 – CRIMINAL CASES
Adjournment & Extension Requirements
To extend a brief deadline, obtain Court approval before the due date and provide notice to each party; otherwise, a late brief may be disregarded or counsel sanctioned.
Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court’s disregarding the brief and/or subject counsel to an appropriate sanction.
Page 7 | RULE 10 – FILINGS, G. Brief Deadlines
A motion to postpone or continue trial because of absent evidence or a witness must include an affidavit showing the evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production; if the evidence is admissible and the adverse party stipulates it may be treated as given, postponement is unavailable unless the Court finds that proceeding would work an injustice.
A. Absence of Witness or Evidence. Pursuant to §25-4-201, MCA, a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance s granted. If the testimony or the evidence would be admissible upon the trial and the adverse party stipulates that it shall be considered as actually given on the trial, there shall be no postponement or continuance unless, in the opinion of the Court, a trial without the witness or evidence would work an injustice on the moving party.
Page 10 | RULE 13 – POSTPONEMENT OF TRIALS
Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.
Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.
Page 13 | RULE 22 – TRANSCRIPT
The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party’s written motion, with prior notice to all parties.
Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with prior notice to all parties.
Page 4 | RULE 4 – MOTIONS, BRIEFS, EXTENSION, PRESENTATION
If a jury-trial action is continued within 96 hours of trial, the Court may require the moving party to reimburse the Clerk for expenditures incurred.
B. Late Continuances. If any action set for a jury trial is continued within 96 hours of the trial date the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.
Page 10 | RULE 13 – POSTPONEMENT OF TRIALS
Chambers Communication Rules
Counsel must notify the appropriate county Clerk of District Court by noon on the preceding business day about matters to be placed on the law-and-motion calendar.
Counsel shall notify the Clerk of District Court in the appropriate County by 12:00 p.m. on the preceding business day of matters to be placed on the law and motion calendar.
Page 2 | RULE 2 – LAW AND MOTION, D. Calendar Preparation
Counsel must notify the local judge reasonably in advance of proceedings and arrange, with the Court Administrator’s assistance, the personnel and facilities needed for the case and outside judge.
It shall be the duty of counsel, reasonably in advance of any proceedings to be taken therein, to notify the local judge and with the Court Administrator’s assistance make arrangements for all personnel and facilities necessary to accommodate the needs of the case and the outside judge.
Page 3 | RULE 3 – SUBSTITUTION OF RECUSAL OF JUDGE
Unless the Judge schedules them, contested matters, matters involving factual questions, or matters requiring more than 30 minutes must be scheduled through the Court Administrator by phone.
Unless scheduled by the Judge, contested matters, matters involving questions of fact, or matters requiring more than thirty (30) minutes for presentation shall be scheduled through the Court’s Administrator at (406) 322-5406.
Page 3 | RULE 2 – LAW AND MOTION
The Court will not consider an ex parte matter if the opposing party is represented by counsel or is known to be locatable but has not been served.
No ex parte matter will be considered if the opposing party is represented by counsel or if the opposing party’s location is known but the party has not been served.
Page 3 | RULE 2 – LAW AND MOTION
Substantive ex parte discussions with the Court in pending or anticipated cases are prohibited unless all opposing counsel are present or notified, or counsel have given prior approval or stipulated.
There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel.
Page 6 | RULE 7 – COMMUNICATIONS WITH THE COURT
All communications with the Court must be routed through the District Court Administrator or the Clerk of Court.
All communications with the Court shall go through the District Court Administrator or the Clerk of Court to ensure that no ex parte communications take place and to ensure judicial economy.
Page 6 | RULE 7 – COMMUNICATIONS WITH THE COURT
Counsel should consult the county Clerk of Court to determine the law-and-motion date and time.
Consult the Clerk of Court for each County to determine the time and date of law and motion.
Page 2 | RULE 2 – LAW AND MOTION, A. Day and Time
The Court disfavors ex parte motions.
Ex parte motions are not favored.
Page 3 | RULE 2 – LAW AND MOTION
Once a case is at issue and all parties have been served and answered, a party may request a Scheduling Conference or the Court may initiate one; the Court Administrator will calendar it, and the Court will issue a Scheduling Order afterward.
When a case is at issue and all parties have been served and have answered, upon the request of a party or on the Court’s initiative, the Court Administrator will calendar a Scheduling Conference. After such conference, the Court will issue a Scheduling Order.
Page 4 | RULE 6 – SCHEDULING, CONFERENCES, ORDERS, DISCOVERY RULES
All registered users of the electronic filing system are responsible for keeping the registration information profile current, accurate and complete in the electronic filing system by notifying the Clerk of Court of the appropriate county should the registered users email address change.
All registered users of the electronic filing system are responsible for keeping the registration information profile current, accurate and complete in the electronic filing system by notifying the Clerk of Court of the appropriate county should the registered users email address change.
Page 17 | RULE 30 – ELECTRONIC FILING
Counsel must contact the appropriate County Clerk of Court to determine which cases require electronic filing.
Counsel shall contact the appropriate Clerk of Court to determine which cases implicate mandatory electronic filing.
Page 17 | RULE 30 – ELECTRONIC FILING
Emergency matters may be mailed or delivered to the Court with a request for immediate attention.
Emergency matters requiring the Court’s attention may be mailed or delivered to the Court with a request for the Court’s immediate attention.
Page 3 | RULE 2 – LAW AND MOTION
If a matter has been under advisement for more than 90 days, each affected party is encouraged to send the Court a reminder letter describing the matter and stating when it was taken under advisement.
In the event the Court has under advisement any matter (including but not limited to a motion or decision in a bench trial) for a period of more than ninety (90) days, each party affected thereby is encouraged to send to the Court a reminder letter particularly describing the matter under advisement and stating the date the matter was taken under advisement.
Page 6 | RULE 7 – COMMUNICATIONS WITH THE COURT
Counsel may request issuance of an order in person or by email.
Requests for the issuance of an order may be made by counsel in person or via email.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES