Cascade County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All Motions
- 1 copy
Courtesy copies
- 1 copy
- Promptly After Filing
Motion, Brief, Opposition, Large Attachments
Notice of Issue
- 1 copy
Adjournments
- A motion to continue or extend a deadline must be written and state opposing counsel’s position; if opposing counsel could not be reached, the moving party must certify a good-faith attempt to make contact.
Request must include
Page & Word Limits1 rule
Except with leave of Court, for good cause, and pursuant to Rule 7.L, briefs in support and response briefs are limited to 6500 words. Reply briefs are limited to 3250 words.
- Support or response brief
- Up to 6,500 words
- Reply brief
- Up to 3,250 words
Exception
More words with leave of court
Document Format Requirements4 rules
The required first-page filing identification in the upper-left corner must be single-spaced.
- Line spacing
- Single
- Filing
Court's wording
The first page of any filing, in the upper left corner of the document, single-spaced, shall identify the name of the attorney or party responsible for the filing, together with complete mailing address, telephone number, and email address.
All filings in all action must conform to Rule 1, U.Dist.Ct.R., or the Clerk shall not file it and shall return it to the party submitting it. A nonconforming filing may be stricken by the Court.
Documents should be firmly bound with holes punched at the top for placement in the Court file.
Any pleadings filed in a civil action not conforming to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the Court on motion or on its own initiative.
Document Filing Requirements43 rules
The first page of any filing, in the upper left corner of the document, single-spaced, shall identify the name of the attorney or party responsible for the filing, together with complete mailing address, telephone number, and email address.
- Document
- Filing
- Placement
- First page
An original of the pleading shall be attached to the motion. This rule does not apply to filing an Information in a criminal case.
When the Clerk must provide copies, parties must supply the necessary copies and pre-addressed, stamped envelopes for all parties of record.
Court's wording
When the Clerk is required to provide copies, parties must furnish all necessary copies of the document filed, to enable the Clerk to provide conformed copies. Pre-addressed, stamped envelopes, for all parties of record shall also be provided.
The Clerk shall obtain a receipt from any party removing any court record.
Complete proposed orders in pro se cases shall also be lodged not later than this day.
Any party moving for summary judgment must simultaneously file a Statement of Undisputed Facts.
The Clerk shall not set any matter on the uncontested calendar until the required motion, complete lodged order and all relevant supporting documents have been filed with the Clerk.
The Statement of Undisputed Facts must list each supporting fact serially and pinpoint-cite record materials supporting each fact.
Court's wording
The Statement shall: (a) Set forth in serial form each fact on which the party relies to support the motion; (b) Pinpoint cite to a specific pleading, deposition, answer to interrogatory, admission or affidavit before the Court to support each fact;
The Notice of Issue shall include reference to all applicable docket numbers for all motion(s) and briefing at issue, including identity of the opposing party’s filings.
The party filing the Notice of Issue shall provide a copy to the Court at chambers and certify that it has done so in the certificate of service.
- Document
- Notice of issue
Must include
- •Certificate of service
Briefs must include a certificate of compliance with this rule stating the number of words, excluding the caption, certificates of service and compliance, signature lines, and attachments.
- Document
- Brief
Must include
- •Local rule certificate
Any party opposing a motion for summary judgment must file a Statement of Disputed Facts simultaneously with and separate from the response brief. The Statement must: (a) Identify each fact in the moving party’s Statement that is “disputed,” and provide a pinpoint cite to a specific pleading, deposition, answer to interrogatory, admission or affidavit before the Court to oppose such disputed fact; and (b) Set forth in serial form: (i) Each additional fact on which the party relies to oppose the motion; (ii) Pinpoint cite a specific pleading, deposition, answer to interrogatory, admission or affidavit before the Court to support each additional fact.
If the parties do not stipulate, failing to file either statement results in the stated admission about whether material facts are disputed.
Court's wording
Where the parties do not stipulate pursuant to (3) above, failure to file a Statement of Undisputed Facts will be deemed an admission that material facts are in dispute. Failure to file a Statement of Disputed Facts will be deemed an admission that no material facts are in dispute.
Except for motions with mandatory oral argument unless all parties waive it, a request must explain why argument is warranted and the briefs are inadequate, state the estimated time in the motion, and include a proposed order; argument is set only by court order.
Court's wording
When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position. The party requesting oral argument shall notify the Court of the estimated time needed for oral argument in the body of the motion. Oral argument shall be set only by court order, on motion or sua sponte. A proposed order shall accompany any request.
(c) Be filed separate from the motion and brief.
All motions to compel or limit discovery must: (1) set forth the basis for the motion and (2) attach as an exhibit the full text of the discovery sought and the full text of the response.
Unless leave of court is granted, Rule 7.C controls. The Clerk shall refuse to file over-length briefs without court order.
Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Evidentiary Hearing. The party requesting the evidentiary hearing shall notify the Court of the estimated time needed for the hearing in the body of the motion. A hearing shall be set only by court order, which will set forth the procedure for identifying witnesses who will testify at the time of hearing. A proposed order shall accompany any request.
- Document
- Request for evidentiary hearing
Must include
- •Proposed order
If a motion does not state the position of opposing counsel, or that the moving party has attempted in good faith to make contact, then the motion shall be subject to Rule 2, U.Dist.Ct.R.
Counsel for the moving party shall include in the motion a certificate of compliance with this rule.
- Document
- Discovery motion
Must include
- •Local rule certificate
A proposed order setting the scheduling conference shall accompany the motion.
- Document
- Motion
Must include
- •Proposed order
The individual judges have specific omnibus hearing memoranda and orders. Parties shall request and use those required by the judge on the case.
A courtesy copy of all motions and a proposed order shall be submitted to the presiding judge.
- Document
- Motion
Must include
- •Proposed order
A written Acknowledgment and Waiver of Rights in substantially the form attached as Exhibit A shall be filed by defense counsel at or before the time of a guilty plea.
Plea Agreements shall be in substantially the form of Exhibit B-1 (binding) and B-2 (non-binding) attached.
A party seeking issuance of a subpoena duces tecum must first file a motion containing the six specified items and statements.
Court's wording
F. Subpoenas for Production of Evidence. A party seeking issuance of a subpoena duces tecum pursuant to § 46-15-106, MCA, shall first file a motion which shall include: (1) A copy of the proposed subpoena; (2) A description of the item, document, or object sought; (3) A statement about the necessity of the subpoena for trial preparation; (4) A statement that the items sought are not available through the process set forth in § 46-15-322, MCA et seq.; (5) A statement that the subpoena is requested in good faith; and; (6) A statement as to the opposing party’s position.
Likewise, counsel shall forward proposed orders directly to the outside judge.
The instrument shall not be removed except by written court order stating the basis for removal.
When judgment is entered on a written instrument, the instrument must be presented to the Clerk at the time judgment is granted.
Two originals of any order to show cause, temporary restraining order or like order shall be presented to the assigned judge. One original shall be signed by the judge retained as part of the Court file. The other shall be issued by the Clerk and shall be used to make service.
those individuals who are unable to pay the costs of the cause of action or defense, may request a waiver of fees by filing the Affidavit of Inability to Pay attached hereto as Exhibit D.
If a pro se party chooses to tell the judge something in writing, the written statement must be filed in the court file.
Court's wording
If the pro se party has something to tell the judge, he/she must ask for a hearing and give notice to the other party or file a written statement in the court file and provide a copy of it to the other party.
I am represented by a volunteer/pro bono attorney, and am financially eligible for free legal services. (Attach a certificate of eligibility from legal aid organization to this form.)
If you did not check a box above, you may still qualify for a fee waiver. Please continue to fill out pages 2 and 3 of this form so the court has the information it needs to decide if you qualify for the fee waiver.
If you checked any one of the three boxes above, skip to the end of this form, and sign the declaration on page 3. You don't need to fill out the remainder of the form.
What is your household size? How many persons, if any, depend on you financially? If none, then write "N/A" below. Attach another page if needed and check here to tell the court you attached another page:
Complete the assets section to the best of your ability, include a spouse’s property only in the stated circumstances, list only items sellable for $600 or more, and report “N/A” for unowned listed items; value is sale price minus amounts owed.
Court's wording
II. ASSETS (Complete this Section to the best of your ability.) What property do you and your spouse own? Include your spouse’s property if you are married and not separated and not filing for dissolution. Fill in the chart below, only listing items that you could sell for $600 or more. If you don’t own an item listed, write “N/A” in the “Value” column for that item. “Value” means the total amount the item(s) identified in a column would sell for, minus the amount you still owe on the item(s), if anything.
The required declaration section must include the stated declaration and be completed with the date, city, state, and signature.
Court's wording
V. DECLARATION (This Section is Required.) I declare under penalty of perjury and under the laws of the State of Montana that the information in this document is true and correct. I understand that it is a crime to give false information in this document. Date: City: State: YOUR Signature:
Motions seeking leave to file an over-length brief are disfavored and will only be granted for good cause.
III. DEBTS AND EXTRAORDINARY EXPENSES (Complete this Section to the best of your ability.)
The movant and the opposing party may file a Statement of Stipulated Facts if the parties agree there are no material disputed facts.
The optional additional-information section may be completed below the signature or on an attached page, and the filer should check the box if attaching a page.
Court's wording
IV. ADDITIONAL INFORMATION (This Section is optional.) If you have additional information that you want the court to consider about your inability to pay court costs, write that information under your signature below or attach an extra page. Check here if you attached another page:
Complete the income section to the best of your ability, omit a spouse’s income in the stated circumstances, and enter 0 for income not received.
Court's wording
I. INCOME (Complete this Section to the best of your ability.) NOTE: If you are not married, if you and your spouse are separated, or if one of you is filing for dissolution of marriage, you do not need to provide your spouse's income below. Fill in the chart below with the income received by you, and by your spouse, if applicable. Put a "0" in each blank if you or your spouse don't receive the income listed.
Filing & Service rules
Filing Timing and Cure Windows
A written request to place a matter on the uncontested calendar is due by noon on the preceding Tuesday.
Parties shall make a written request to the Clerk to place specific matters on the uncontested calendar not later than noon on the Tuesday immediately preceding the Wednesday for which a hearing is sought.
Page 3 | RULE 6: UNCONTESTED CALENDAR
Complete proposed orders in pro se cases must be lodged by the preceding Tuesday deadline.
Complete proposed orders in pro se cases shall also be lodged not later than this day.
Page 3 | RULE 6: UNCONTESTED CALENDAR
After briefing is complete or the briefing deadline expires, at least one party must file a Notice of Issue stating that the motion is ready for a ruling.
When all briefs have been filed, or the time for filing briefs has expired, at least one party shall file a "Notice of Issue" stating that the motion is ready for ruling by the Court.
Page 4 | RULE 7: CONTESTED MATTERS
A motion is not deemed submitted until a Notice of Issue has been filed and served.
Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.
Page 4 | RULE 7: CONTESTED MATTERS
A party moving for summary judgment must file a Statement of Undisputed Facts at the same time as the motion.
Any party moving for summary judgment must simultaneously file a Statement of Undisputed Facts.
Page 4 | RULE 7: CONTESTED MATTERS
After a contested matter is resolved, a written stipulation or appropriate pleading must be filed within a reasonable time and no later than 30 days after resolution.
A written stipulation or appropriate pleading shall subsequently be filed within a reasonable period of time, but in no event later than thirty (30) days from the date the matter was resolved.
Page 5 | RULE 7: CONTESTED MATTERS
The required omnibus hearing forms must be filed at the omnibus hearing.
These forms shall be filed at the omnibus hearing.
Page 8 | RULE 12: CRIMINAL ACTIONS
The written Acknowledgment and Waiver of Rights must be filed no later than the time of the guilty plea.
A written Acknowledgment and Waiver of Rights in substantially the form attached as Exhibit A shall be filed by defense counsel at or before the time of a guilty plea.
Page 8 | RULE 12: CRIMINAL ACTIONS
Objections must be filed according to the briefing period established by these Rules, the Uniform District Court Rules, and the presiding court’s specific orders.
Objections shall be filed in accordance with the briefing period set forth in these Rules, the Uniform District Court Rules, and the specific orders of the presiding court.
Page 9 | F. Subpoenas for Production of Evidence
The written instrument must be presented to the Clerk when judgment is granted.
When judgment is entered on a written instrument, the instrument must be presented to the Clerk at the time judgment is granted.
Page 11 | RULE 18: JUDGMENT ON WRITTEN INSTRUMENT
Pre-trial motions and supporting briefs must be filed four weeks before trial.
All pre-trial motions with supportive briefs shall be filed 4 weeks prior to trial.
Page 30 | EXHIBIT C
If a judge has not ruled within 90 days after a motion’s submission, an affected party may file a notice describing the matter and the date it was taken under advisement; copies must go to chambers and all counsel, and to the original judge if the matter was referred to a Standing Master.
If a judge has not ruled on a motion within 90 days of its submission, any party affected thereby may file a notice, with a copy to the Court’s chambers and copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement. In matters that have been referred to a Standing Master, any reminder filed must also be copied to the original judge.
Page 6 | RULE 7: CONTESTED MATTERS
Service and Proof of Service Rules
When court leave is required before filing a pleading, the party must file and serve a motion.
When leave of Court is required before a pleading can be filed, the party must file and serve a motion.
Page 2 | RULE 4: FILING OF PLEADINGS AND OTHER PAPERS — D. When Leave of Court Required
The Notice of Issue must be served as well as filed before the motion is deemed submitted.
Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.
Page 4 | RULE 7: CONTESTED MATTERS
The Clerk issues the second original for use in making service.
The other shall be issued by the Clerk and shall be used to make service.
Page 11 | RULE 17: ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDERS
A pro se party who files a written statement to tell the judge something must provide a copy to the other party.
provide a copy of it to the other party.
Page 14 | RULE 23: SELF-REPRESENTED (“PRO SE”) PARTIES
Other discovery requests must be filed, served on opposing counsel, and noticed for hearing.
All other discovery requests must be filed, served on opposing counsel, and noticed up for hearing.
Page 30 | EXHIBIT C
Filing Fees and Waivers
Any statutory filing fee must accompany the documents, or they will not be filed.
Any statutory filing fee must accompany the documents or they will not be filed.
Page 2 | RULE 4: FILING OF PLEADINGS AND OTHER PAPERS — B. Form of Filings and Headings
Applicants who did not check a benefit box may still qualify for a fee waiver.
If you did not check a box above, you may still qualify for a fee waiver.
Page 33 | Fee waiver form
Individuals unable to pay the costs of an action or defense may request a fee waiver by filing the Affidavit of Inability to Pay, and may obtain a copy of the form from the Clerk of Court’s office.
Under § 25-10-404, MCA, those individuals who are unable to pay the costs of the cause of action or defense, may request a waiver of fees by filing the Affidavit of Inability to Pay attached hereto as Exhibit D. Copies of the form can also be obtained from the Clerk of Court’s office.
Page 14 | RULE 24: AFFIDAVIT OF INABILITY TO PAY
Courtesy Copy Requirements
The filing party must provide a copy of the Notice of Issue to chambers and certify that delivery in the certificate of service.
The party filing the Notice of Issue shall provide a copy to the Court at chambers and certify that it has done so in the certificate of service.
Page 4 | RULE 7: CONTESTED MATTERS
A copy of any document filed within 48 hours of a contested hearing or oral argument must be delivered to the judge’s chambers.
If any document is filed within 48 hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
Page 6 | RULE 7: CONTESTED MATTERS
One courtesy copy of each motion and a proposed order must be submitted to the presiding judge.
A courtesy copy of all motions and a proposed order shall be submitted to the presiding judge.
Page 8 | RULE 12: CRIMINAL ACTIONS
After assignment, counsel must promptly transmit copies of all subsequently filed documents to the outside judge.
From assignment forward, copies of all documents subsequently filed shall be promptly transmitted by counsel to the outside judge.
Page 10 | RULE 15: OUTSIDE JUDGE
Parties are strongly encouraged, but not required, to provide the Court with courtesy copies of motions, briefing, and large attachments with the Notice of Issue.
Parties are strongly encouraged, but not required, to provide courtesy copies of all motion(s), briefing (including oppositional briefing), and large attachments with the Notice of Issue served on the Court.
Page 4 | RULE 7: CONTESTED MATTERS
Sealing & Redaction Procedures
The specified confidential records and files may not be withdrawn, examined, or inspected except by court order or as provided by statute.
The following records and files shall not be withdrawn, examined, or inspected by anyone except upon court order or except as provided by statute:
Page 2 | RULE 5: COURT RECORDS — B. Confidential Records and Files
Filing Bundling Requirements
An over-length brief must not be filed simultaneously with the motion seeking leave to file it.
Parties shall not file an over-length brief simultaneously with the motion seeking leave to file it.
Page 6 | RULE 7: CONTESTED MATTERS
Pre-Motion Conference Requirements
Before filing a discovery motion, counsel must confer about all disputed issues; the Court may deny a motion if they have not, and the conference may occur through the specified forms of dialogue or correspondence.
The Court may deny any discovery motion unless counsel have conferred concerning all disputed issues before the motion is filed. This requirement can be satisfied through direct dialogue and discussion in person, by telephone, or in electronic or written correspondence identifying the specific disputed issues.
Page 5 | RULE 7: CONTESTED MATTERS
All pre-trial motions must be noticed at the omnibus hearing; motions not noticed there are allowed only for good cause.
Notice of all pre-trial motions must be given at the omnibus hearing. Pre-trial motions not noticed at the omnibus hearing will be allowed only for good cause shown.
Page 30 | EXHIBIT C
Before filing a discovery motion, parties are encouraged to request an informal telephonic conference with the Court about the dispute.
Parties are encouraged, prior to filing a discovery motion, to request an informal telephonic conference with the Court regarding the applicable discovery dispute.
Page 6 | RULE 7: CONTESTED MATTERS
Adjournment & Extension Requirements
A motion to continue or extend a deadline must be written and state opposing counsel’s position; if opposing counsel could not be reached, the moving party must certify a good-faith attempt to make contact.
Motions to continue or to extend deadlines shall be in writing, and shall state the position of opposing counsel. If opposing counsel could not be reached, the moving party shall certify that he or she attempted in good faith to make contact.
Page 6 | RULE 7: CONTESTED MATTERS
Chambers Communication Rules
Parties must submit a written request to the Clerk by noon on the preceding Tuesday to place a matter on the uncontested calendar.
Parties shall make a written request to the Clerk to place specific matters on the uncontested calendar not later than noon on the Tuesday immediately preceding the Wednesday for which a hearing is sought.
Page 3 | RULE 6: UNCONTESTED CALENDAR
If a contested matter set for hearing or trial is resolved, the parties must immediately notify the judge’s judicial assistant so the allotted time can be used for other matters.
In the event any contested matter set for hearing or trial is resolved, the parties shall immediately notify the judge's judicial assistant so that other matters may be scheduled in the time previously allotted for that case.
Page 5 | RULE 7: CONTESTED MATTERS
Parties must advise the Court of related cases at scheduling, status conferences, and omnibus hearings.
The parties shall advise the Court at scheduling, status conferences, and omnibus hearings if there are related cases.
Page 10 | RULE 13: DOMESTIC ACTIONS
Thereafter, counsel shall consult with the judicial assistant for the assigned judge to confirm or reset the hearing date.
Thereafter, counsel shall consult with the judicial assistant for the assigned judge to confirm or reset the hearing date.
Page 10 | RULE 14: ABSENCE OR DISABILITY OF JUDGE
Counsel must contact the outside judge’s staff to determine whether electronic or mailed copies are preferred.
Counsel shall contact the staff of the outside judge to determine whether electronic or mailed copies are preferred.
Page 10 | RULE 15: OUTSIDE JUDGE
Absent specific authorization, pro se parties should not communicate with the judge about their case unless the other party is present or has advance notice; they must instead request a hearing with notice or file a written statement and provide the other party a copy.
Absent specific authorization to the contrary, pro se parties should not try to speak with or write to the judge about his or her case unless the other party is present or has been properly notified in advance. If the pro se party has something to tell the judge, he/she must ask for a hearing and give notice to the other party or file a written statement in the court file and provide a copy of it to the other party.
Page 14 | RULE 23: SELF-REPRESENTED (“PRO SE”) PARTIES
The Notice of Issue is the only notice to the Court that a motion is pending.
The Notice of Issue is the only notice to the Court that a motion is pending.
Page 4 | RULE 7: CONTESTED MATTERS
The press may not interview witnesses or court personnel during trial, whether in or out of court.
The press may not interview witnesses, or court personnel, during the trial in or out of Court.
Page 13 | GENERAL
Press representatives must communicate with the presiding judge before the trial or hearing day about the number and placement of cameras and microphones.
Press representatives shall communicate with the presiding judge in advance of the day of trial or hearing about numbers and placements of cameras and microphones.
Page 13 | TELEVISION & RADIO
The filing party is encouraged to ask the judge’s staff whether courtesy copies are preferred electronically or in hard copy.
The filing party is encouraged to contact the judge’s staff to learn whether the judge prefers courtesy copies in an electronic form or by hard copy.
Page 4 | RULE 7: CONTESTED MATTERS
Lawyers are encouraged to contact court staff for information about an individual judge’s preferences.
Lawyers are encouraged to contact court staff for further information on individual judge’s preferences.
Page 11 | RULE 19: RULES OF DECORUM