Carbon County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Attorney authority document

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.

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.

CRITICAL

Applies to

Disclosure

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.

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.

CRITICAL

Applies to

Motion

The title of every motion must identify the applicable Montana Rules of Civil Procedure number.

All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.

CRITICAL

Applies to

Motion

A motion for remote appearance must state that the moving party consulted the opposing party and counsel and whether the motion is opposed.

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.

CRITICAL

Applies to

Stipulated jury instructions

The parties must provide agreed proposed jury instructions and a stipulation signed by counsel for all parties.

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).

CRITICAL

Applies to

Summary judgment brief

For summary-judgment briefing, parties may not file or attach separate fact statements; all such issues must be included in the page-limited brief.

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.

CRITICAL

Applies to

Motion for leave to file pleading

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.

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.

CRITICAL

Applies to

Facsimiled document

A facsimiled document must show all necessary signatures to be filed by the Clerk.

A facsimiled document must show all necessary signatures or it will not be filed by the clerk.

CRITICAL

Applies to

Mandatory disclosure or supplement

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.

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.

CRITICAL

Applies to

Communication to court

Letters and other communications to the Court from counsel or parties must indicate on their face that copies have been sent to opposing counsel.

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.

CRITICAL

Applies to

Proposed verdict form

Each party must submit proposed verdict forms at the same time and in the same manner as its jury instructions.

Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions.

CRITICAL

Applies to

Guilty plea waiver acknowledgment

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.

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.

CRITICAL

Applies to

Proposed jury instruction

The original and one copy of each proposed jury instruction must be furnished to the Court.

The original and one copy of each instruction proposed must be furnished to the Court.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that a facsimile was sent to the Clerk and identify the transmission date.

The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.

CRITICAL

Applies to

Original filed after facsimile

The original of a facsimiled document must be signed pursuant to Rule 11, M. R. Civ. P.

The original must be signed pursuant to Rule 11, M. R. Civ. P.

CRITICAL

Applies to

Motion

Must include

proposed order

If oral argument is desired, counsel must include a proposed order with the motion, leaving blanks for the Court to fill in the date and time.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must include a proposed order for the Court’s signature with every motion.

Counsel shall include with all motions a proposed Order for the Court’s signature.

CRITICAL

Applies to

Stipulation or agreement

Stipulations and agreements between the parties or their attorneys must be made on the record, reduced to writing, or both.

Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.

CRITICAL

Applies to

Pleading

A pleading that incorporates a jury-trial demand must indicate the demand in both its title and its body.

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.

CRITICAL

Applies to

Court working copy of proposed jury instruction

Each Court working copy of a proposed instruction must identify the requesting party, be numbered consecutively, and include an attached page citing its source and any authority supporting its legal statement.

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.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must clearly state whether the case was decided in a court of record and identify the governing standard of review.

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.

CRITICAL

Applies to

Order judgment or decree

Counsel seeking an order, judgment, or decree must present it in written form for the judge’s signature when applying for it.

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.

CRITICAL

Applies to

Disclosure

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.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Counsel must tell the Court whether the case will proceed to a jury trial at least 14 days before trial, unless the Court orders another time; failure to do so may result in the trial date being vacated and reset.

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.

CRITICAL

Applies to

Attorney fee affidavit

In civil cases where attorney’s fees are granted, the party seeking fees must file and serve opposing counsel with an itemized affidavit.

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.

CRITICAL

Applies to

Stipulation

The stipulation accompanying agreed jury instructions must briefly identify which proposed instructions remain contested.

The stipulation accompanying the stipulated instructions shall include a brief description of which proposed instructions remain contested.

WARNING

Applies to

Brief

Every specific reference to a statement from a cited case must include a pinpoint citation.

D. Case Citations: Every specific reference to a statement from a cited case shall contain a pinpoint citation.

WARNING

Applies to

Reminder letter

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”.

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”.

INFO

Applies to

Proposed jury instruction

The Court may receive additional proposed instructions addressing questions that arise during trial until settlement of the jury instructions is complete.

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.