Chouteau County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Telefax or email document

A faxed or emailed document must show all necessary signatures and the proof and method of service or the Clerk will not file it.

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.

CRITICAL

Applies to

Electronic appearance motion

Said Motion shall include whether the Motion is contested by opposing counsel.

Said Motion shall include whether the Motion is contested by opposing counsel.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be promptly reduced to writing.

Any agreement reached in mediation shall be promptly reduced to writing

CRITICAL

Applies to

Notice of issue

After the parties are fully joined in a civil, divorce, or invalidity action, counsel must prepare and present a Notice of Issue to the Clerk of Court.

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.

CRITICAL

Applies to

Settlement documents

Settlement documents must be prepared and filed.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Applies to

Written plea agreement

A written plea agreement must present a factual basis showing good reason for the Court to accept the plea.

Plea agreements under § 46-12-211, MCA, must present a factual basis showing good reason for the Court to accept the plea.

CRITICAL

Applies to

Telefax or email document

The person faxing or emailing a document must arrange for its delivery to the Clerk of Court’s office.

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.

CRITICAL

Applies to

Initial bail request

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

Counsel must read and complete the approved Omnibus Hearing form before the hearing, and the completed form serves as the filed memorandum.

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.

CRITICAL

Applies to

Discovery

Discovery shall not be filed without leave of the Court. With good cause, discovery referenced and attached to a brief may be filed.

Discovery shall not be filed without leave of the Court. With good cause, discovery referenced and attached to a brief may be filed.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pre-trial order.

Trial briefs shall be submitted as required in the pre-trial order.

CRITICAL

Applies to

Probate petition

A probate petition for a Will must include a copy of the Will unless the original is already on file with the Clerk.

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.

CRITICAL

Applies to

Written instrument

When judgment is entered on a written instrument, the instrument must be presented to the Clerk when the Court grants judgment.

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.

CRITICAL

Applies to

Settlement statement

Each party must submit a confidential settlement statement to the settlement judge or master summarizing the case and describing each side’s strengths and weaknesses.

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.

CRITICAL

Applies to

All documents

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.

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.

CRITICAL

Applies to

Electronic filing

A paper copy of the original need not be filed, but the electronic filing must be signed under Rule 11 of the Montana Rules of Civil Procedure.

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.

CRITICAL

Applies to

Omnibus memorandum

The Court sets a filing deadline for the stipulated Omnibus Memorandum; if Defense Counsel does not complete the form by then, the prosecutor must file for an omnibus hearing.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The moving party must certify in a motion that the other parties were contacted and state whether they object.

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.

CRITICAL

Applies to

Mediation status report

Upon execution of a mediation agreement, the parties must file a written status report with the Court.

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.

CRITICAL

Applies to

Nolo contendre plea

Counsel intending to proffer a Nolo Contendre 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.

WARNING

Applies to

Scheduling conference request

When requesting a scheduling conference after a case is at issue, counsel may file a request that states the case title and number.

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.

WARNING

Applies to

Omnibus hearing memorandum

Submitting a completed and signed Omnibus Hearing Memorandum form waives counsel’s right to an Omnibus Hearing before the Court.

Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel waives the right to hold an Omnibus Hearing before the Court.

WARNING

Applies to

Presentence investigation report

The probation officer must make reasonable efforts to contact victims, inform them of their sentencing-hearing rights, and seek a written statement for attachment to the PSI.

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.