Carter County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Jury Instructions
- 2 copies
Communication
Phone
Page & Word Limits1 rule
Individual briefs shall not exceed twenty-five (25) pages in length, exclusive of indexes and appendices, except with leave of the Court.
- Brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements10 rules
In order to facilitate scanning and entry into the Full Court case management system, documents filed with the Clerk of Court shall not be stapled.
The required format for electronically transmitted proposed orders is Microsoft Word.
All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
The required format for electronically filing of scanned documents is PDF.
- File type
- Scanned document
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Any papers filed which do not conform to Rule 10 and 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative in accordance with Rule 11.
Counsel shall take care that any filing of more than one page in length does not leave one page with a “dangling signature line,” i.e., a page with only the date and/or a line for the judge’s signature.
The preferred format is a Microsoft Word document.
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
Document Filing Requirements36 rules
For multiple subpoenas, counsel must submit one original for each person or entity to be served and a praecipe listing each one.
Court's wording
When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.
When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.
It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.
A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.
When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance.
A motion seeking leave to file a pleading must include a copy of the proposed pleading or amendments, with the original lodged with the Clerk of Court.
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 amendments and lodge the original with the Clerk of Court.
A faxed or electronic document must show necessary signatures or the document will not be filed.
Except as provided in Uniform District Court Rule (UDCR) Rule 4, no discovery documents may be filed with the Clerk of Court without prior leave of Court.
All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
Two originals of any order to show cause, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the judge for signature.
A request for a motion hearing must be stated in the motion, response, or reply, even if a hearing was tentatively docketed.
Court's wording
Even when a hearing on motions has been tentatively docketed at an Omnibus Hearing or scheduling conference, when hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply.
A motion must cite authority permitting the requested relief and include a proposed order when the motion is filed.
- Document
- Motion
Must include
- •Proposed order
Court's wording
A. The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.
Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.
- Document
- Motion hearing request
Must include
- •Proposed order
The request shall specify the purpose of the hearing (oral argument or evidence hearing).
Communications to the Court must indicate on their face that a copy was sent to opposing counsel and any unrepresented party.
Court's wording
The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.
In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
Trial briefs shall be submitted as required in the pretrial order.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
- Document
- Jury instructions
Must include
- •Plaintiff’s Proposed # or Defendant’s Proposed #
A stipulation will not be considered unless it is made on the record in open court or is in a writing subscribed by the party against whom it is enforced or that party's counsel.
Court's wording
In any case, whether civil or criminal, the Court will not consider for any purpose any stipulation between the parties unless the stipulation is either made in open court on the record, or made into a writing which is subscribed by either the party against whom the stipulation is sought to be enforced, or by such party’s counsel.
A motion for JVN appearance or testimony must state the specified information about whether the proceeding is contested, objections, the connection type, and a telephone number for technical difficulties.
Court's wording
Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.
Requests for audio-video JVN connection must identify the physical location of each person who is to appear via JVN; and all necessary IP addresses.
It is the obligation of counsel to present to the Court an order for such evaluation.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.
For the specified domestic-relations matters, the moving party must submit an affidavit in the prescribed form and answer the questions set out in the rule.
Court's wording
As directed by the Court, for temporary maintenance or child support, or other matters pendent lite, modification proceedings, or trial on contested domestic relations matters, the moving party shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto:
I. A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
Before the omnibus hearing, prosecution and defense counsel must consult and attempt to stipulate to the contents of the Court-approved omnibus form, which must be submitted for approval at the hearing.
Court's wording
C. After the defendant enters a plea of “not guilty’, the Court shall set an omnibus hearing. Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
After completion of a qualifying probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.
Court's wording
Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, et seq., M.C.A., counsel for the foreign personal representative must file with the Court a Foreign Personal Representative’s Sworn Statement to Close Estate.
When payments are made directly to the Clerk, counsel must tell the child-support obligor to add $2.00 to each payment, and the proposed decree must include that obligation.
Court's wording
H. When child support or spousal maintenance is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage. The proposed decree shall include in the final order the child support obligor’s obligation to include the additional $2.00 in each child support payment.
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
A defendant seeking a public defender must complete a sworn Financial Affidavit and any other information required by the Office of Public Defender.
Court's wording
A. Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender. The Office of Public Defender shall determine the eligibility of a defendant requesting a public defender in accordance with Montana law. The Financial Affidavit form is available from the Office of Public Defender.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
D. For offenses committed prior to October 1, 2015, upon motion of the defendant who has successfully completed his or her deferred imposition of sentence, the Court may order that the action be dismissed. Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
- Document
- Motion to dismiss deferred sentence
Must include
- •Proposed order
An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents.
If a matter has been under advisement for more than 30 days, an affected party may file a “Request for Decision” stating when it was taken under advisement and requesting a decision.
Court's wording
In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.
Filing & Service rules
Electronic Filing Rules
Emailing a document to the judge or judicial assistant does not file it with the Clerk of Court.
An email to the judge or judicial assistant does not constitute ‘filing’ a document with the Clerk of Court.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A document that may be filed by mail may instead be filed by fax or electronic transmission, subject to the applicable rules.
The filing of any document that may be done by mail may be done by fax or electronic transmission, subject to the provisions of this Rule and the Montana Rules of Civil Procedure.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
A party who obtains an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.
When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A brief with a specified filing date must be filed by that date.
All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
When leave is granted, the Clerk must file the lodged original forthwith.
If leave to file is granted, the Clerk shall file the original forthwith.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A fax or electronic transmission is filed on the date and time the Clerk of Court receives it.
The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required fee.
Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A JVN appearance or testimony motion must be filed as early as practical and, in every instance, at least one hour before the hearing begins, even if all parties consent.
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
A response or objection to Crime Lab testimony via JVN must be filed within 10 business days after the motion and state whether a genuine issue exists concerning the analysis or procedure.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
Crime Lab forensic testimony may be offered by JVN during a criminal trial for good cause, and the motion for leave must be filed at least 30 days before trial unless good cause supports an exception.
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
The opposing party must file any objection to an attorney-fee affidavit within 14 days, with three additional days allowed for mailing.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim. Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.
Page 5 | RULE 15 - ATTORNEY’S FEES
Response and objection deadlines are governed by the applicable Uniform District Court Rules, Rules of Civil Procedure, and statutes.
Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Service and Proof of Service Rules
All parties must receive notice of a transfer between departments.
Notice of said transfer shall be provided to all parties.
Page 1 | RULE 1 - DEPARTMENT AND ASSIGNMENT OF CASES
Proof of service for all papers required or permitted to be served must be filed promptly and before the Court or a party takes action on them.
Proof of service of all papers required or permitted to be served 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 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
After the initial filing, a party must provide the opposing party documents filed with the Clerk or provided to the judge using the same, quickest method.
A. Following the initial filing for any matter, when a party files a document with the Clerk of Court or provides a document to the judge, whether via fax or email or US Mail, the party shall use the same (quickest) method to provide the document to the opposing party.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
A party requesting that the Clerk mail notice of a pleading, judgment, or order must provide all necessary copies and properly addressed, stamped envelopes.
Whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court by the party requesting such judgment or order to be provided by US Mail, together with properly addressed and stamped envelopes.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
When the Court orders a DPHHS evaluation in an adoption matter, counsel must mail or deliver conformed copies of the adoption petition and evaluation order to DPHHS.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.
Page 5 | RULE 17 - ADOPTION MATTERS
After entry of an order for child support collected by the Child Support Enforcement Division, counsel for the receiving party must notify that Division as required by Montana law.
G. After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
For covered criminal evidentiary hearings and bench trials, parties must serve their proposed findings and conclusions on opposing parties unless the Court waives the requirement.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Page 6 | RULE 19 - CRIMINAL ACTIONS
The respondent must serve an affidavit following the stated outline and identifying objections or concerns within 30 days after service of the petitioner’s affidavit; the affidavits are not to be filed unless there is a trial or the Court directs otherwise.
B. No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses. The Affidavits are not to be filed with the Court unless in the event of a trial, or as directed by the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
The notice obligation is additional to any service or proof-of-service requirements imposed by rule or statute.
This notice requirement is in addition to the service required when a particular method of service or method of proof of service exists as prescribed in the Montana Rules of Civil Procedure, or other applicable statute.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
If proper envelopes and postage are not supplied, the Clerk will provide the document only by email.
Without proper envelopes and postage, the document will be provided by the Clerk of Court via email, only.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Providing a document to the Court without using the same quickest method to provide it to the opposing party is treated as ex parte communication.
To do otherwise is the functional equivalent of ex parte communication with the Court.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
An attorney who electronically files a document in the District is deemed to consent in writing to electronic receipt of documents.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
After the 90-day period, renewed-proceedings notice must be provided to presumed-former counsel and notice or service given directly to the party as otherwise required by law; continued representation by agreement and earlier termination on notice remain permitted.
D. From ninety (90) days after the time for appeal from any final judgment or decree in a civil matter has run, the presumption shall be that any party previously represented by counsel is no longer represented by such counsel. After the ninety (90) day period, notice of renewed proceedings shall be provided to presumed-former counsel, as well as notice or service directly to the party as otherwise required by law. This rule shall not be construed to prohibit continued representation in such matter if the client and attorney agree. Neither is the rule intended to prohibit earlier termination of the attorney-client relationship upon notice.
Page 5 | RULE 14 - ATTORNEYS
The moving party must give the required notice, and the opposing party may present counter-affidavits.
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A. The opposing party then has an opportunity to present counter affidavits
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
The Clerk of Court may distribute Court Orders and Minute Entries by email instead of hard copy.
In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
Filing Fees and Waivers
Providing copies of papers on file by fax, email, or other electronic means costs 25 cents per page in criminal and civil proceedings.
The fee for providing copies of papers on file in the Clerk’s office by fax, e-mail or other electronic means in all criminal and civil proceedings shall be 25 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel must pay a required filing fee when filing unless payment is arranged otherwise with the Clerk of Court.
If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged with the Clerk of Court.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Filing a pleading by fax or email costs 50 cents per page in criminal and civil proceedings.
As dictated by statute, the fee for filing a pleading by fax or email in all criminal and civil proceedings shall be 50 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
The filer must pay required fees in the manner and within the time set by the Clerk of Court.
It shall be the obligation of the person filing the document to pay any required fees in the manner and within the time required by the Clerk of Court.
Page 2 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A contested motion to amend a final parenting plan, including a qualifying final custody decree or order, carries a $120 filing fee; the motion is deemed contested unless both parties stipulate when it is filed.
F. Section 25-1-201, M.C.A., provides for a $120 filing fee to file a contested petition (motion) for amendment of a final parenting plan. Pursuant to Section 40-4-219(7), M.C.A., a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a “final parenting plan” in determining whether a new filing fee is due. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is filed with the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Courtesy Copy Requirements
Attorneys must provide the judicial assistant two hard copies of proposed jury instructions, one with citations and one without.
Attorneys must also provide the judicial assistant with two hard copies of the proposed instructions: one including the citations and one without citations.
Page 3 | Jury Instructions and Jury Issues
Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3 | Trial
Pre-Motion Conference Requirements
A motion seeking specific relief must confirm opposing counsel was contacted and state whether any party objects.
For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Unless the adverse party does not oppose or will not file a written objection, the party must have an opportunity to respond before a ruling, absent good cause for ex parte action.
Unless the Court has been informed the adverse party does not oppose the motion, or the adverse party opposes the relief but does not intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Adjournment & Extension Requirements
An extension request must be filed and served before the applicable due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Except for good cause, any motion for continuance is due on this date.
Except for good cause, any motion for continuance is due on this date.
Page 3 | Trial
A trial continuance requires good cause, and a motion to continue must comply with Local Rule 6; opposing counsel's stipulation alone is insufficient.
Continuances of trial, even when stipulated-to by opposing counsel, will not be granted without good cause. All such motions to continue trial must be submitted in accordance with Local Rule 6.
Page 3 | Trial
Chambers Communication Rules
Counsel must arrange additional time with the judicial assistant for matters expected to be contested or take more than 15 minutes.
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Matters must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
All matters shall be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Court scheduling must be coordinated with the judicial assistant or other personnel designated by the judge.
All the Court’s scheduling shall be coordinated with the judicial assistant or other personnel the judge may designate.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A party may not discuss a substantive issue in a pending or anticipated case ex parte without notice and approval of all opposing counsel, unless law expressly permits it.
No party shall discuss ex parte with the Court any substantive issue related to a pending or anticipated case without notice and approval of all opposing counsel, or as otherwise expressly allowed by law.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Attorneys or parties who are to receive emailed Orders or Minute Entries must provide their email addresses to the Clerk’s office.
Attorneys or parties must provide the Clerk of Court’s office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
At least three weeks before a civil or criminal jury trial, each party's counsel must notify the Clerk of Court in writing whether the trial will proceed as docketed.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot.
Page 3 | Trial
Attorneys must email the judicial assistant jury instructions with citations in Microsoft Word format.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Page 3 | Jury Instructions and Jury Issues
A party or counsel seeking to use JVN for non-court-business hearings or meetings must reserve it through the Clerk of Court or judicial assistant and report to the Clerk upon arrival.
Any party/counsel requesting use of the JVN equipment for hearings or meetings other than Sixteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court or judicial assistant. The party/counsel shall report to the Clerk of Court upon arriving for the JVN session and will be directed to the appropriate location for use of the equipment.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
A party or counsel granted leave to use JVN must make the necessary arrangements with the Clerk of Court or judicial assistant.
Any party/counsel granted leave to use JVN shall make all necessary arrangements for such use with the Clerk of Court or judicial assistant.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
Counsel must keep the Clerk of Court and other relevant individuals informed of changes to JVN participation locations or IP addresses.
Counsel is responsible for keeping the Clerk of Court and other individuals informed of site or IP address changes effecting JVN participation.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
Parties should avoid discussing substantive matters in email correspondence whenever possible.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
JVN participants must maintain a means of communication, such as a cell phone, so they can be contacted if connection difficulties or delays occur.
Participants in the hearing via JVN are to maintain a means of communication (cell phone) so the individual may be readily contacted in the event of unforeseen difficulty establishing the JVN connection, or other delay.
Page 4 | Rule 11 - Videoconferencing - Judicial Video Network
Counsel unfamiliar with the electronic evidence presentation system must notify the Clerk of Court well in advance and arrange training at a time convenient to the Clerk.
At a time well-in-advance of the scheduled trial or hearing date, counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court in order to receive the necessary training for use of the electronic evidence presentation system.
Page 4 | Rule 11 - Courtroom Technology
Anyone wishing to use the courtrooms, jury room, or law library for specified activities must contact the Clerk to reserve the facility.
Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.
Page 5 | RULE 12
Uncontested or emergency matters may be presented at other times when the Court is available.
Uncontested or emergency matters may be presented to the Court at such other times as the Court is available to hear the matter.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Contact the local District Court for exhibits or forms referenced in these rules.
Note: contact the local District Court for any exhibits or forms referred to within these pages.
Page 1 | Note