Chouteau County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All Documents
Adjournments
- A party seeking a continuance after the trial date is fixed must give the adversary five days’ notice and state the grounds, although the notice period may be shortened for good cause.
Page & Word Limits1 rule
No individual brief shall exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements8 rules
All proposed Orders submitted through the e-filing system shall be word.doc format.
All participants must be able to see, hear, and communicate with each other simultaneously.
All persons appearing via electronic means shall follow the Court’s verbal Orders during the proceedings, including but not limited to muting microphones, reducing background noise, and waiting for their turn to speak.
Video quality must be adequate to allow participants to observe each other's demeanor and nonverbal communications.
All participants must be able to see, hear and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method.
Electronic signatures are accepted pursuant to Rule 11, Mont. R. Civ. Pro.
Omnibus Hearing may be conducted by telephone conference or video conference upon approval by the Court.
The Court, upon its own motion or upon motion of the parties, may conduct proceedings in civil actions by videoconference.
Document Filing Requirements23 rules
Trial briefs shall be submitted as required in the pre-trial order.
In any civil, divorce, or invalidity actions, when the parties are fully joined, counsel shall prepare and present to the Clerk of Court a Notice of Issue.
Discovery shall not be filed without leave of the Court. With good cause, discovery referenced and attached to a brief may be filed.
In a motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.
A telefaxed or e-mailed document must show all necessary signatures and proof and method of service or it will not be filed by the Clerk.
It is the obligation of the person telefaxing or e-mailing any document to arrange for it to be delivered to the Clerk of Court’s office.
The Judge’s name shall be added to the Certificate of Mailing on all documents to show the Clerk that the Judge has been served, including the mechanism of service.
There is no need to file a paper copy of the original. The electronic filing must be signed pursuant to Rule 11, Mont. R. Civ. Pro.
Any agreement reached in mediation shall be promptly reduced to writing
Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached, unless the original is already on file with the Clerk.
In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the Clerk at the time the judgment is granted by the Court.
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
Upon execution of a mediation agreement, the parties must file a written status report with the Court.
Court's wording
Parties may agree to attend mediation without counsel. Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed no later than 5 days after the mediation with the Court.
Within thirty (30) days, settlement documents must be prepared and filed.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Initial bail request
Must include
- •Proposed order
Counsel must read and complete the approved Omnibus Hearing form before the hearing, and the completed form serves as the filed memorandum.
Court's wording
The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing will be conducted after counsel has read and completed the form. The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court. This form document as completed during the Omnibus Hearing will be the memorandum filed under § 46-13-110(4), MCA.
Following a plea of “not guilty”, the Court will set a deadline for a stipulated Omnibus Memorandum to be filed for the Court’s consideration If an Omnibus form is not filled out by Defense Counsel by the deadline, the prosecutor shall file for an omnibus hearing.
Said Motion shall include whether the Motion is contested by opposing counsel.
Plea agreements under § 46-12-211, MCA, must present a factual basis showing good reason for the Court to accept the plea.
Counsel who intend to proffer a Nolo Contendre under §46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
Whenever a case is at issue and either party desires to have the case tried, counsel may file a request for a scheduling conference setting forth the title and number of the case.
Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel waives the right to hold an Omnibus Hearing before the Court.
In preparing a presentence investigation report (PSI), the probation officer shall make reasonable effort to contact any victim(s) and inform them of a right to be present and give testimony at the sentencing hearing and seek a written statement to be attached to the PSI.
Filing & Service rules
Electronic Filing Rules
Parties must follow the Montana Supreme Court’s e-filing parameters, and attorneys must use the State of Montana e-filing system for all documents, including proposed orders, when it is available.
Parties shall adhere to the E-filing parameters set forth by the Montana Supreme Court. If and when available, attorneys shall use the State of Montana e-filing system to file all documents, including proposed Orders.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
The completed Omnibus Memorandum must be filed through the e-filing system.
Once the Omnibus Memorandum completed by counsel and filed through the e-filing system, it will be signed by the Court and filed with the Clerk.
Page 6 | RULE 14 – CRIMINAL PROCEEDINGS
The Court discourages filing documents by mail.
The court discourages mail filings.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
Fax filing is unavailable in Fort Benton.
Fax-filing is not available in Fort Benton.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
When e-filing is unavailable, email filing with the Clerk of Court is preferred unless Montana law requires an original signature filing.
Unless contrary to Montana statute requiring an original signature filing, Email filing of any document with the Clerk of Court is preferred.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
When e-filing is unavailable, documents may be emailed to the listed court addresses for Fort Benton, Havre, and Chester.
Documents may be emailed to the Chouteau County Court in Fort Benton at: clerkofcourt.chouteau@mt.gov. Documents may be emailed to the Hill County Court in Havre at clerkofcourt.hill@mt.gov. Documents may be emailed to the Liberty County Court in Chester at aseidlitzmelton@mt.gov.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
When e-filing is unavailable, documents may be telefaxed to the listed Court numbers in Havre and Chester.
Documents may be telefaxed to the Court in Havre at (406) 265-3693. Documents may be telefaxed to the Court in Chester at (406) 759-5996.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
Filing Timing and Cure Windows
A fax is filed on the date and time the Clerk of Court receives it.
The date and time of receipt of the fax shall be the date and time of filing by the Clerk of Court.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
After mediation, the parties must file a written status report with the Court no later than five days after mediation once the parties execute any agreement.
Parties may agree to attend mediation without counsel. Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed no later than 5 days after the mediation with the Court.
Page 4 | RULE 12 – ALTERNATE DISPUTE RESOLUTION
Settlement documents must be prepared and filed within thirty days.
Within thirty (30) days, settlement documents must be prepared and filed.
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Unless all parties effectively waive the PSI, it must be completed and filed with the Court no later than five days before sentencing.
Unless effectively waived by all parties, a PSI shall be completed and filed with the Court no later than five (5) days prior to sentencing,
Page 6 | RULE 14 – CRIMINAL PROCEEDINGS
A JVN or Zoom appearance should be requested and notice provided to the Court and opposing parties five days beforehand.
Appearance via JVN and Zoom should be requested and provide notice to the Court and opposing parties five (5) days prior.
Page 6 | RULE 14 – CRIMINAL PROCEEDINGS
The Court may summarily reject a plea agreement not presented at least one business day before the scheduled jury confirmation hearing.
The Court may summarily reject a plea agreement not presented at least one (1) business day prior to the scheduled jury confirmation hearing.
Page 6 | RULE 14 – CRIMINAL PROCEEDINGS
If an examination is ordered on the defendant’s motion, defense counsel must ensure the examination report is timely filed.
Should examination be ordered upon defendant’s motion, defense counsel shall be responsible to assure a report of examination under §46-14-206, MCA is timely filed.
Page 6 | RULE 14 – CRIMINAL PROCEEDINGS
Service and Proof of Service Rules
A copy of a scheduling-conference request must be served on opposing counsel of record.
A copy of the request shall be served upon opposing counsel of record.
Page 1 | RULE 3 – TRIAL CALENDAR AND PRE-TRIAL PROCEEDINGS
A party serving discovery requests must submit them to the opposing party on paper and disk or by e-mail.
The party serving requests shall submit requests on paper and disk or e-mail to the opposing party.
Page 2 | RULE 6 – FILINGS OF PLEADINGS, 2. Discovery
If the original is not served the same day as the fax or email transmission, the transmitted document must be served under Rule 5 of the Montana Rules of Civil Procedure.
If the original is not served on the same day as the telefax or e-mail transmission, service of the telefax or e-mail document must be made as provided in Rule 5, Mont. R. Civ. Pro.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
Faxed or emailed documents must include proof of service.
A telefaxed or e-mailed document must show all necessary signatures and proof and method of service or it will not be filed by the Clerk.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
The Certificate of Mailing must show that the judge was served and identify the mechanism of service.
The Judge’s name shall be added to the Certificate of Mailing on all documents to show the Clerk that the Judge has been served, including the mechanism of service.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
Copies of all exhibits must be provided to all parties before the hearing.
Copies of all exhibits shall be provided to all parties in advance of the hearing.
Page 6 | RULE 15 – INTERACTIVE VIDEO CONFERENCING
Appearance via JVN and Zoom should be requested and provide notice to the Court and opposing parties five (5) days prior.
Appearance via JVN and Zoom should be requested and provide notice to the Court and opposing parties five (5) days prior.
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Filing Fees and Waivers
Using e-filing, email, or fax does not change or delay required fees; the filer must pay them as the Clerk directs and must pay costs associated with fax equipment or telephone service.
The use of e-filing, e-mail and telefax equipment shall not change or delay the required payment of fees. It shall be the obligation of the person filing the telefaxed or e-mailed document to pay any required fees in the manner and within the time required by the Clerk of Court. It shall be the obligation of the person telefaxing any document to pay any costs associated with use of telefax equipment or telephone services.
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Courtesy Copy Requirements
When a non-resident judge accepts jurisdiction, parties must file all action documents with the appropriate county Clerk of District Court and provide a courtesy copy to the judge in chambers.
When a non-resident judge accepts jurisdiction of a matter, the parties shall file all documents in the action with the Clerk of District Court in the appropriate county, providing a courtesy copy to the Judge in chambers.
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Adjournment & Extension Requirements
A continuance motion based on an absent witness must detail the expected testimony; if the opponent admits the witness would so testify, the continuance must be denied unless the Court finds manifest injustice may result.
If the application for a continuance is based on the absence of a witness, the testimony expected to be adduced by the witness shall be set forth in detail in the motion. A party opposing the continuance, without admitting the truth of the testimony, may admit the witness would so testify. In such event, the continuance shall be denied, unless in the opinion of the Court, manifest injustice may result.
Page 1 | RULE 4 – TRIAL CALENDAR & CONDUCT OF TRIALS (D) Continuances
A party seeking a continuance after the trial date is fixed must give the adversary five days’ notice and state the grounds, although the notice period may be shortened for good cause.
When, after the day is fixed for the trial of any cause, if either party shall desire a continuance, they shall give their adversary five days’ notice that application will be made therefor, and the grounds thereof. For good cause the time may be shortened.
Page 1 | RULE 4 – TRIAL CALENDAR & CONDUCT OF TRIALS (D) Continuances
The Court may grant a continuance on its own motion or on a party’s or counsel’s motion if it would not inconvenience the Court’s progress with the trial calendar.
Continuances may be granted on the Court’s own motion or upon motion of counsel or a party, if such a continuance does not inconvenience the Court in the progress of the trial calendar.
Page 1 | RULE 4 – TRIAL CALENDAR & CONDUCT OF TRIALS (D) Continuances
The Court will not routinely grant continuances, even when counsel stipulate to them.
Continuances, even when stipulated to by counsel, will not be routinely granted.
Page 1 | RULE 4 – TRIAL CALENDAR & CONDUCT OF TRIALS (D) Continuances
Chambers Communication Rules
Before filing, the party must contact the judge’s Judicial Assistant to determine whether chambers prefers a paper courtesy copy or an electronic copy emailed to Judicial staff.
Prior to filing, the party shall contact the Judge’s Judicial Assistant to ascertain if the Judge prefers a paper copy sent to chambers or an electronic copy emailed to Judicial staff.
Page 3 | RULE 6 – FILINGS OF PLEADINGS
If a case settles before trial without documentation, the parties must promptly inform the Court in person or by conference call.
If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled.
Page 4 | RULE 12 – ALTERNATE DISPUTE RESOLUTION, (C) Settlement Documents
Video-conference arrangements must be made in advance through the Court’s Judicial Assistant.
Arrangements must be made in advance through the Court’s Judicial Assistant.
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Counsel are encouraged, but not required, to remind the Court by letter about matters taken under advisement.
Counsel is encouraged to remind the Court by letter of any matter taken under advisement.
Page 2 | RULE 6 – FILINGS OF PLEADINGS, 3. Notice of Issue
The Omnibus Hearing Memorandum and Order form may be requested through the Clerk of Court.
The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court.
Page 5 | RULE 14 – CRIMINAL PROCEEDINGS