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

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Child support notice

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.

CRITICAL

Applies to

Proposed findings conclusions

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.

CRITICAL

Service

Mail to clerk

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.

CRITICAL

All parties must receive notice of a transfer between departments.

Notice of said transfer shall be provided to all parties.

CRITICAL

Applies to

Petition for adoption and order for evaluation

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.

CRITICAL

Applies to

Domestic relations affidavit

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.

WARNING

Applies to

Notice of renewed proceedings

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.

WARNING

Applies to

Parenting plan amendment motion

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

WARNING

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.

WARNING

Service

Email to all parties

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.

WARNING

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.

WARNING

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.

INFO

Service

Electronic service to all parties

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.