Cascade County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Discovery motion

A motion to compel or limit discovery must state its basis and attach the full text of the discovery sought and the full text of the response as an exhibit.

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.

CRITICAL

Applies to

Statement of disputed facts

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.

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.

CRITICAL

Applies to

Fee waiver form

List financially dependent persons, write “N/A” if there are none, and attach another page if needed while checking the attachment box.

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:

CRITICAL

Applies to

Proposed order

In pro se cases, complete proposed orders must be lodged by the preceding Tuesday deadline.

Complete proposed orders in pro se cases shall also be lodged not later than this day.

CRITICAL

Unless the court grants leave, Rule 7.C controls, and the Clerk must refuse to file an over-length brief without a court order.

Unless leave of court is granted, Rule 7.C controls. The Clerk shall refuse to file over-length briefs without court order.

CRITICAL

Applies to

Filing

The first page of every filing must identify the responsible attorney or party and provide their complete mailing address, telephone number, and email address in the upper-left corner.

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.

CRITICAL

Applies to

Motion

A party seeking issuance of a subpoena duces tecum must first file a motion containing the six specified items and statements.

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.

CRITICAL

Applies to

Fee waiver 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 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.

CRITICAL

Applies to

Omnibus hearing memoranda and orders

Parties must request and use the omnibus hearing memoranda and orders required by the judge assigned to the case.

The individual judges have specific omnibus hearing memoranda and orders. Parties shall request and use those required by the judge on the case.

CRITICAL

Applies to

Motion

The original pleading must be attached to the motion; this requirement does not apply to filing an Information in a criminal case.

An original of the pleading shall be attached to the motion. This rule does not apply to filing an Information in a criminal case.

CRITICAL

Applies to

Affidavit of Inability to Pay

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.

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.

CRITICAL

Applies to

Statement of inability to pay

A person using this form who is represented by a volunteer or pro bono attorney and is financially eligible for free legal services must attach a certificate of eligibility from a legal aid organization.

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.)

CRITICAL

A written instrument on which judgment has been entered may be removed only under a written court order stating the basis for removal.

The instrument shall not be removed except by written court order stating the basis for removal.

CRITICAL

Applies to

Request for evidentiary hearing

Must include

proposed order

A motion requiring testimony must be scheduled as a contested matter with a Request for Evidentiary Hearing; the motion must state the estimated hearing time, a proposed order must accompany the request, and the hearing is set only by court order specifying the procedure for identifying witnesses.

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.

CRITICAL

Applies to

Filed document

When the Clerk must provide copies, parties must supply the necessary copies and pre-addressed, stamped envelopes for all parties of record.

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.

CRITICAL

Applies to

Motion

A motion that omits opposing counsel’s position and does not state that the moving party made a good-faith attempt to make contact is subject to Rule 2, U.Dist.Ct.R.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions submitted to the presiding judge must include a proposed order.

A courtesy copy of all motions and a proposed order shall be submitted to the presiding judge.

CRITICAL

Applies to

Court record removal

The Clerk must obtain a receipt from any party who removes a court record.

The Clerk shall obtain a receipt from any party removing any court record.

CRITICAL

If the parties do not stipulate, failing to file either statement results in the stated admission about whether material facts are disputed.

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.

CRITICAL

Applies to

Written acknowledgment and waiver of rights

Defense counsel must file a written Acknowledgment and Waiver of Rights substantially in the form of Exhibit A.

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.

CRITICAL

Applies to

Request for oral argument

Must include

proposed order

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.

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.

CRITICAL

Applies to

Fee waiver form

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.

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.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must be accompanied by a Statement of Undisputed Facts.

Any party moving for summary judgment must simultaneously file a Statement of Undisputed Facts.

CRITICAL

Applies to

Uncontested calendar matter

The required motion, complete lodged order, and all relevant supporting documents must be filed before the Clerk sets a matter on the uncontested calendar.

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.

CRITICAL

Applies to

Discovery motion

Must include

local rule certificate

The moving party’s counsel must include a certificate of compliance with the rule in the discovery motion.

Counsel for the moving party shall include in the motion a certificate of compliance with this rule.

CRITICAL

Applies to

Plea agreement

Plea Agreements must substantially follow the applicable attached binding or non-binding form.

Plea Agreements shall be in substantially the form of Exhibit B-1 (binding) and B-2 (non-binding) attached.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion for a scheduling conference must include a proposed order setting the conference.

A proposed order setting the scheduling conference shall accompany the motion.

CRITICAL

Applies to

Declaration

The required declaration section must include the stated declaration and be completed with the date, city, state, and signature.

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:

CRITICAL

The referenced filing must be filed separately from the motion and brief.

(c) Be filed separate from the motion and brief.

CRITICAL

Applies to

Written instrument

When judgment is granted on a written instrument, the instrument must be presented to the Clerk at that time.

When judgment is entered on a written instrument, the instrument must be presented to the Clerk at the time judgment is granted.

CRITICAL

Applies to

Statement of undisputed facts

The Statement of Undisputed Facts must list each supporting fact serially and pinpoint-cite record materials supporting each fact.

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;

CRITICAL

Applies to

Notice of issue

A Notice of Issue must identify all applicable docket numbers and the opposing party’s filings.

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.

CRITICAL

Applies to

Proposed order

Counsel must forward proposed orders directly to the outside judge.

Likewise, counsel shall forward proposed orders directly to the outside judge.

CRITICAL

Applies to

Fee waiver form

If one of the specified boxes is checked, skip the rest of the form and sign the declaration on page 3.

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.

CRITICAL

Applies to

Notice of issue

Must include

certificate of service

The certificate of service for a Notice of Issue must certify that a copy was provided to chambers.

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.

CRITICAL

Applies to

Written statement

If a pro se party chooses to tell the judge something in writing, the written statement must be filed in the court file.

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.

CRITICAL

Applies to

Order to show cause temporary restraining order or like order

Two originals of an order to show cause, temporary restraining order, or like order must be presented to the assigned judge, with one retained for the court file and the other issued for service.

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.

CRITICAL

Applies to

Brief

Must include

local rule certificate

Each brief must include a certificate of compliance stating its word count.

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.

WARNING

Applies to

Debts and extraordinary expenses section

Complete the Debts and Extraordinary Expenses section to the best of your ability.

III. DEBTS AND EXTRAORDINARY EXPENSES (Complete this Section to the best of your ability.)

WARNING

Motions for leave to file an over-length brief are disfavored and may be granted only for good cause.

Motions seeking leave to file an over-length brief are disfavored and will only be granted for good cause.

INFO

Applies to

Statement of stipulated facts

The movant and opposing party may file a Statement of Stipulated Facts if they agree that no material facts are disputed.

The movant and the opposing party may file a Statement of Stipulated Facts if the parties agree there are no material disputed facts.

INFO

Applies to

Additional information section

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.

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:

CRITICAL

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.

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.