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

CRITICAL

Applies to

Guilty plea waiver acknowledgment

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Original filed after facsimile

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Facsimile document

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.

CRITICAL

Applies to

Transcript request

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.

CRITICAL

Service

Mail to all parties

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.

CRITICAL

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.

WARNING

Service

Court service

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.

WARNING

Service

Court service

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.