Carbon County District Court, Montana Filing Rules

The moving party must notice motions under Rules 52, 56, 59, and 60 of the Montana Rules of Civil Procedure for hearing in accordance with those Rules.

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.

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.

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.

Briefs must comply with Local Rule 10-2 or may be stricken and not considered.

Documents eligible for filing by mail may be filed by facsimile under the stated procedure, except in counties that have adopted electronic filing.

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.

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.

A motion for substitution of judge must include the required filing fee when filed or it will be stricken.

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.

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.