Carter County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Final decree of dissolution

A completed Vital Statistics reporting form must be presented to the Clerk when the Final Decree of Dissolution is filed.

I. A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

CRITICAL

Applies to

Evaluation order

Counsel must present the Court with an order for the required adoption evaluation.

It is the obligation of counsel to present to the Court an order for such evaluation.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pretrial order.

Trial briefs shall be submitted as required in the pretrial order.

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Jury instructions

Counsel must provide the Court and opposing counsel with jury instructions and verdict forms as directed by the Scheduling Order or Omnibus Order.

Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.

CRITICAL

Applies to

Subpoena

For multiple subpoenas, counsel must submit one original for each person or entity to be served and a praecipe listing each one.

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.

CRITICAL

Applies to

Attorney fee affidavit

A party seeking attorney’s fees must file and serve an affidavit itemizing the claim at the final decision on the merits or another appropriate time.

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.

CRITICAL

Applies to

Order to show cause or like order

Present two originals of an order to show cause or similar order, with enough copies for service or mailing to all parties, for the judge’s signature.

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.

CRITICAL

Applies to

Pleading

A jury-trial demand included in a pleading must appear in both its title and body.

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.

CRITICAL

Applies to

Motion or response or reply

A request for a motion hearing must be stated in the motion, response, or reply, even if a hearing was tentatively docketed.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority permitting the requested relief and include a proposed order when the motion is filed.

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.

CRITICAL

Applies to

Parenting education certificate

Each parent must file a certificate of completion with the Clerk after completing the parenting education program.

Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.

CRITICAL

Applies to

Omnibus form

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.

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.

CRITICAL

Applies to

Foreign personal representative sworn statement to close estate

After completion of a qualifying probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.

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.

CRITICAL

Applies to

Faxed or electronically transmitted document

The person transmitting a document bearing a party’s or non-attorney’s signature must arrange for the original signed document to be timely filed with the Clerk.

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.

CRITICAL

Applies to

Petition for consolidation

A petition for consolidation must be filed in every action proposed for consolidation.

A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.

CRITICAL

Applies to

Motion hearing request

Must include

proposed order

Counsel must include a proposed order granting or confirming the requested hearing.

Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.

CRITICAL

Applies to

Proposed decree

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.

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.

CRITICAL

Applies to

Parenting plan amendment motion

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit stating facts supporting the proposed amendment and give notice as required by the cited statute.

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.

CRITICAL

Applies to

Jury instructions

Proposed jury instructions filed with the Clerk of Court must be identified as the plaintiff's or defendant's proposed instructions and numbered.

Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.

CRITICAL

Applies to

Motion hearing request

A motion-hearing request must specify whether the hearing is for oral argument or evidence.

The request shall specify the purpose of the hearing (oral argument or evidence hearing).

CRITICAL

Applies to

Jvn motion

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.

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.

CRITICAL

Applies to

Public defender application

A defendant seeking a public defender must complete a sworn Financial Affidavit and any other information required by the Office of Public Defender.

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.

CRITICAL

Applies to

Proposed findings conclusions

For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings of fact and conclusions of law 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.

CRITICAL

Applies to

Jvn request

A request for an audio-video JVN connection must identify each participant's physical location and all necessary IP addresses.

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.

CRITICAL

Applies to

Subpoena

To obtain one subpoena, counsel must deliver one original and one copy to the Clerk of Court.

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.

CRITICAL

Applies to

Motion for leave to file pleading

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.

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.

CRITICAL

Applies to

Faxed or electronically transmitted document

Faxed or electronically transmitted documents must display the necessary signatures to be filed.

A faxed or electronic document must show necessary signatures or the document will not be filed.

CRITICAL

Applies to

Discovery document

Discovery documents may not be filed without prior leave of Court, except as provided in UDCR Rule 4.

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.

CRITICAL

Applies to

Communication to court

Communications to the Court must indicate on their face that a copy was sent to opposing counsel and any unrepresented party.

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.

CRITICAL

Applies to

Proposed order

Proposed orders must omit submitting counsel’s name and address from the upper-left corner.

All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.

CRITICAL

Applies to

Motion

If a party objects to the requested relief, the motion must state whether that party will file a written objection.

In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.

CRITICAL

Applies to

Motion to dismiss deferred sentence

Must include

proposed order

For qualifying pre-October 1, 2015 offenses, a defendant seeking dismissal after successfully completing deferred imposition of sentence must submit evidence of completion with a proposed order.

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.

CRITICAL

Applies to

Domestic relations affidavit

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.

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:

INFO

Applies to

Request for decision

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.

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.

INFO

Applies to

Court filed document

An attorney’s copied or electronically generated signature counts as an original signature on a court-filed document.

An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents.