Daniels County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Chambers
Phone
Page & Word Limits1 rule
Individual briefs may not exceed 25 pages in length, exclusive of indexes and appendices, except with leave of the Court.
- Brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements8 rules
Proposed orders must omit submitting counsel’s name and address from the upper-left corner and, when e-filed, must be attached in Microsoft Word format.
- File type
- Word
- Proposed order
Formatting
- •When using e-filing, attach the proposed order in Microsoft Word format
Court's wording
All proposed Orders shall omit the submitting counsel's name and address from the top left-hand corner. If using e-filing, proposed orders shall be attached in Microsoft Word format. The Court will not act on Motions filed without proposed Orders and/or Orders submitted via e-filing in the incorrect format.
The required format for electronically submitted proposed orders is Microsoft Word.
Formatting
- •Microsoft Word format
The required format for electronically submitted documents other than proposed orders is PDF.
- File type
The Clerk of Court should not file, and the Court may strike, any papers presented for filing which do not conform to Montana Uniform District Court Rules (MUDCR) 1 and Rules 10 and 11 of the M. R. Civ. P.
Briefs must be concise but sufficiently thorough; the Court may strike rambling, verbose, inflammatory, or unintelligible briefs or pleadings, and exceptions should be requested before filing.
Court's wording
Briefs shall be concise and to the point, but as thorough as the complexities of the issues demand. The Court may strike rambling, verbose, inflammatory, or unintelligible briefs or pleadings. The Clerk will return documents not meeting the above requirements. Those seeking an exception should request it before attempting to file a document.
To facilitate scanning into the Full Court case management system, parties shall not staple documents filed with the Clerk of Court.
Parties shall comply with the most recent uniform system of citation.
Counsel shall make reasonable effort to pre-label all exhibits to be used at trial. In making trial exhibits, plaintiffs shall use numbers and defendants shall use letters. Multiple defendants should use a different initial before numbering of each exhibit.
Document Filing Requirements19 rules
The parties shall file the completed Omnibus Hearing Memorandum no later than the Thursday before the scheduled Omnibus Hearing.
A motion must include a proposed order and state the adverse party’s position; probate PR Statements to Close Estate are exempt from the proposed-order requirement.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Each party filing a Motion shall submit a proposed Order and indicate the position of the adverse party. All proposed Orders shall omit the submitting counsel's name and address from the top left-hand corner. If using e-filing, proposed orders shall be attached in Microsoft Word format. The Court will not act on Motions filed without proposed Orders and/or Orders submitted via e-filing in the incorrect format. NOTE: PR's Statements to Close Estate filed in probate cases are NOT considered motions and do not require a proposed order to be filed.
In any case, the Court will not consider for any purpose any stipulation between the parties unless the stipulation is made either in open court on the record or in writing and subscribed by either the party against whom the stipulation is sought to be enforced or that party's counsel.
When a party demands a jury trial in a pleading, the party must indicate the jury demand in the title as well as in the body of the pleading.
For any filing prepared wholly or partly with AI assistance, the party must disclose that assistance in the document and provide the specified Rule 11 certification.
- Document
- Document
Must include
- •AI disclosure
Court's wording
Therefore, in the event any document submitted for filing has been prepared, in whole or in part with the assistance of an Artificial Intelligence (AI) service or chatbot, such as ChatGPT, such party shall clearly disclose that fact to the court in the document, and further certify, pursuant to Rule 11 of the Montana Rules of Civil Procedure, that "the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law."
For one subpoena, counsel must deliver one original and one copy to the Clerk; for multiple subpoenas, counsel must provide one original for each person or entity to be served and a praecipe listing each recipient.
Court's wording
When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance. When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.
The Clerk of Court shall not file a document that does not show necessary signatures. An attorney's stamped or electronically generated signature shall be deemed an original signature for court-filed documents.
The party seeking to add a case to the calendar must submit a proposed order to set the matter, as requested, for hearing.
- Document
- Calendar addition request
Must include
- •Proposed order
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
A trial brief must state the party's theory and issues and identify authorities supporting the law of the case and the proposed evidence.
Court's wording
A trial brief shall set forth a statement of the party's theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the law of the case and in support of the introduction of evidence proposed to be offered.
Copies of jury instructions must include the authority citation, requesting party, and proposed-instruction number; the original must omit those items.
Court's wording
Copies of the jury instructions must contain a citation of authority at the bottom of the instructions as well as an indication of the party on whose behalf the instruction is requested, and the number of the proposed instruction. The original jury instructions will omit the authority, the party on whose behalf the instruction is requested and the number of the proposed instruction.
All proposed jury instructions and verdict forms must be delivered to the court in duplicate (an original and one copy), and a copy served upon all opposing parties.
In an appeal, a party must make a written request to the court reporter for a transcript.
Court's wording
A. Request for Transcript. In the case of an appeal, a party must make a written request to the court reporter for a transcript of the proceedings and make satisfactory arrangements to pay the estimated fees to obtain the transcript.
C. Payment Required. Parties attending mediation will provide proof to the court that financial obligations of mediation have been satisfied before the Court will issue an Order or the Clerk will issue a Final Decree or Judgment.
B. Affidavit Required. Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney's fees shall file and serve an affidavit
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child's receiving or applying for public assistance
A party seeking support variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
When the notice is required, the petitioner must file proof of that notice with the Clerk of Court.
Court's wording
and if so, petitioner shall immediately notify Montana's Child Support Enforcement Division and the State Attorney General's Office,in writing of the pending action and file proof of such notice with the Clerk of Court.
A. When Fees May Be Requested. Attorney's fees should not be requested unless authorized by statute, case law, or contract. In such cases, the authority for requesting an award of attorney fees should be specified.
Filing & Service rules
Electronic Filing Rules
Emailing the judge or judicial assistant does not file a document with the Clerk of Court.
An email to the judge or judicial assistant does not constitute "filing" a document with the Clerk of Court.
Page 4 | RULE 3: FILINGS. PLEADINGS. MOTIONS & STIPULATIONS, A. Filing with Clerk of Court
Lawyers admitted to practice in Montana, including pro hac vice counsel, must register and use the electronic filing system in cases capable of e-filing, but a county Clerk may grant a waiver upon application for compelling and extenuating circumstances.
All three counties in the Fifteenth Judicial District are operational for electronic filing for all case types capable of being electronically filed. Cases generally capable of being electronically filed include, but are not limited to, DC,DN, DJ, DR, DV,DP, and DI cases. Consistent with Temporary Electronic Filing Rules 2(b), use of the electronic filing system for all lawyers admitted to practice in Montana, or those appearing pro hac vice, is mandatory in all cases capable of being electronically filed. All lawyers practicing in the Fifteenth Judicial District shall become registered users of the electronic filing system and shall use the system. Upon application to the Clerk of District Court of a particular county, waivers for use of the system may be granted for compelling and extenuating circumstances.
Page 5 | B. E-filing Required
A party may file documents by mail or electronic transmission, subject to the rule and civil procedure rules.
A party may file a document by mail or electronic transmission, subject to the provisions of this Rule and the Montana Rules of CivilProcedure.
Page 7 | RULE 4: ELECTRONIC TRANSMISSIONS
Filing Timing and Cure Windows
The completed Omnibus Hearing Memorandum is due no later than the Thursday before the scheduled hearing.
The parties shall file the completed Omnibus Hearing Memorandum no later than the Thursday before the scheduled Omnibus Hearing.
Page 2 | RULE 1: SCHEDULING
A party who obtains an Order or Arrest Warrant directly from the Court must present it to the Clerk of Court immediately for recording.
A party who obtains an Order or Arrest Warrant directly from the Court shall present it to the Clerk of Court immediately for recording.
Page 4 | RULE 3: FILINGS. PLEADINGS. MOTIONS & STIPULATIONS, A. Filing with Clerk of Court
Briefs required by rule, regulation, or court order are due by 5:00 p.m. on the required date.
All briefs required by rule, regulation or by Court order to be filed by 5:00 p.m. on the required date.
Page 6 | K. Time of filing
Documents transmitted electronically after 5:00 p.m. are filed on the next business day.
For filing purposes, if documents are transmitted electronically after 5:00 p.m., the date and time of filing shall be the next business day.
Page 7 | RULE 4: ELECTRONIC TRANSMISSIONS
Trial briefs are due as set by the pretrial order or before the first day of trial, but the presiding judge may waive one upon request and for good cause.
Trial briefs will be submitted as required in the pretrial order, or prior to the first day of trial. The presiding judge may waive a trial brief upon request and for good cause.
Page 10 | RULE 8: STATUS/JURY CONFIRMATION. PRETRIAL ORDERS & PRETRIAL HEARINGS, E. Trial Briefs
Dispositive motions in criminal cases must be made within 60 days of arraignment.
Dispositive motions shall be made within sixty (60) days of arraignment.
Page 10 | RULE 9: CRIMINAL MATIERS, A. Arraignment/Not Guilty Plea
The opposing party must file any objection within 14 days thereafter, with three additional days allowed for mailing.
Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.
Page 13
The presiding judge may appear by Zoom from the judge’s home county unless a party files a specific request for the judge’s personal appearance reasonably in advance of the hearing.
With the installation of video-teleconferencing throughout the Fifteenth Judicial District, the presiding judge may appear via Zoom (or similar applications) from his/her home county unless a party has filed, reasonably in advance of any hearing, a specific request for personal appearance of the Judge.
Page 3 | RULE2: VIRTUALAPPEARANCES(ZOOM), A. Use of Zoom
A party seeking an incarcerated defendant’s personal appearance must specifically request it sufficiently in advance for the Sheriff’s Office to arrange the defendant’s physical presence.
Parties seeking the personal appearance of the inmate at a hearing shall specifically request the personal appearance sufficiently in advance of the scheduled hearing to allow the Sheriffs Office to arrange for the inmate's physical presence.
Page 4 | RULE2: VIRTUALAPPEARANCES(ZOOM), F. Incarcerated Defendants
Service and Proof of Service Rules
An extension request must be served before the filing deadline.
Any requests for an extension of time shall be filed and served prior to the filing deadline.
Page 6 | K. Time of filing
A copy of proposed jury instructions and verdict forms must be served on all opposing parties.
All proposed jury instructions and verdict forms must be delivered to the court in duplicate (an original and one copy), and a copy served upon all opposing parties.
Page 10 | RULE 8: STATUS/JURY CONFIRMATION. PRETRIAL ORDERS & PRETRIAL HEARINGS, D. Jury Instructions
Counsel must exchange jury instructions according to the schedule set by the Court.
Counsel for the parties will exchange jury instructions pursuant to the schedule set by the Court.
Page 10 | RULE 8: STATUS/JURY CONFIRMATION. PRETRIAL ORDERS & PRETRIAL HEARINGS, D. Jury Instructions
A transcript request must be filed in the court file and served on the opposing party.
The request for transcript must be filed in the court file and served upon opposing party.
Page 12 | RULE 11: TRANSCRIPTS
A party seeking attorney's fees must serve the required affidavit.
B. Affidavit Required. Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney's fees shall file and serve an affidavit
Page 12 | RULE 14: ArrORNEY'S FEES
If the petitioner knows the child is receiving or applying for public assistance, the petitioner must immediately notify the Child Support Enforcement Division and State Attorney General in writing and file proof of notice with the Clerk.
and if so, petitioner shall immediately notify Montana's Child Support Enforcement Division and the State Attorney General's Office,in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 13 | RULE 16: DOMESTIC ACTIONS
An attorney or pro se litigant who files or communicates with the Clerk electronically is deemed to consent in writing to receive documents from the Clerk electronically.
An attorney or pro se litigant who has filed documents or communicated with the Clerk electronically in this Judicial District is deemed to have provided written consent to receive documents from the Clerk electronically. 5(b)(2)(E) Mont.R.Civ.P.
Page 7 | RULE 4: ELECTRONIC TRANSMISSIONS
The Clerk may distribute Court Orders and Minute Entries by email instead of hard copy.
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.
Page 7 | RULE 4: ELECTRONIC TRANSMISSIONS
Filing Fees and Waivers
If a filing fee is required, counsel must pay it when filing unless the Clerk of Court arranges otherwise.
If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged by the Clerk of Court.
Page 4 | RULE 3: FILINGS. PLEADINGS. MOTIONS & STIPULATIONS, A. Filing with Clerk of Court
Pre-Motion Conference Requirements
If a motion is submitted too late for a full briefing schedule, the moving party must request a shortened schedule and state the adverse party’s position on that request.
If a party submits a motion at a time that does not allow a full briefing schedule, the party filing the motion shall request a shortened briefing schedule and indicate the adverse party's position about a shortened briefing schedule.
Page 5 | E. Shortened Briefing Schedule
Adjournment & Extension Requirements
A request for an extension of time must be filed and served before the filing deadline.
Any requests for an extension of time shall be filed and served prior to the filing deadline.
Page 6 | K. Time of filing
An extension of the statutory time to prepare a transcript will not be granted absent good cause.
Except for good cause shown, no extension of the time allowed by statute in which to prepare a transcript will be granted.
Page 12 | RULE 11: TRANSCRIPTS
Chambers Communication Rules
Court scheduling must be handled through the Judicial Assistant or judge-designated personnel; the Judicial Assistant will propose hearing dates electronically, and the Court will set the matter after two unanswered attempts to communicate.
All the Court's scheduling shall be done through the Judicial Assistant or any other personnel the judge may designate. The Judicial Assistant will communicate electronically to propose dates and times to set a hearing. After two attempts to communicate with an attorney or pro se litigant with no return communication, the Court will set the matter.
Page 2 | RULE 1: SCHEDULING
Attorneys must provide the Clerk with each email address for receiving Orders or Minute Entries.
Attorneys shall provide to the Clerk of Court's office each email address to which the Clerk is to email copies of Orders or Minute Entries.
Page 7 | RULE 4: ELECTRONIC TRANSMISSIONS
A party or counsel must notify the Court through the assigned Judge's Judicial Assistant sufficiently in advance of a hearing that may involve potential violence.
It is the duty of each party/counsel to advise the Court, through the assigned Judge's Judicial Assistant sufficiently in advance of any hearing that may result in a potentially violent situation so that appropriate security measures may be taken.
Page 8 | RULE 6: COURTROOM DECORUM AND SECURITY
An attorney who expects a matter to be contested or last more than 15 minutes must notify the Judicial Assistant so additional time may be scheduled.
An attorney who expects a matter will be contested or take more than 15 minutes shall advise the Judicial Assistant so that additional time may be scheduled.
Page 2 | RULE 1: SCHEDULING
Those wishing to use courthouse facilities must contact the Judicial Assistant and County Clerk in advance to reserve them.
Counsel, and other persons wishing to utilize the courtroom, the jury room, or the law library for meetings, depositions, and videoconferencing shall contact the Judicial Assistant and County Clerk of Court in advance of the use of courthouse facilities to reserve the desired facility to avoid possible conflicts with Court matters or other previously-arranged use of these courthouse facilities.
Page 3 | G. Use of Court Facilities
A party seeking a Zoom appearance for a witness or client must coordinate it through Court staff before the hearing day, unless good cause supports day-of coordination.
A party seeking an electronic appearance by Zoom for a witness or client bears the sole responsibility of coordinating the appearance through the Court's staff (i.e. Court Clerk, Judicial Assistant or Court Reporter) prior to the day of the hearing, unless good cause is shown why coordination is done on the day of the hearing.
Page 4 | RULE2: VIRTUALAPPEARANCES(ZOOM), D. Responsibility of Party to Arrange Zoom Use
A party or counsel using Zoom equipment for non-court-business purposes must report to the county clerk upon arrival.
The party/counsel shall report to the clerk of court in the respective county upon arriving for the Zoom session and will be directed to the appropriate location for use of the equipment.
Page 4 | RULE2: VIRTUALAPPEARANCES(ZOOM), H. Special Request for Zoom Use
A party or counsel seeking to use Zoom equipment for non-court-business hearings or meetings must reserve it through the county Clerk of Court and Judicial Assistant.
Any party/counsel requesting the use of the Zoom equipment for hearings or meetings other than Fifteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court in the respective county and the Judicial Assistant.
Page 4 | RULE2: VIRTUALAPPEARANCES(ZOOM), H. Special Request for Zoom Use
A party may ask the Court's Judicial Assistant to add a matter to the calendar by noon on the day before the scheduled hearing.
A party may ask the Court's Judicial Assistant to add a matter to the calendar by noon the day before any scheduled hearing.
Page 7 | RULE 5: COURT CALENDAR. CLERK'S CALENDAR
After any allowed briefing or additional filing period, parties may—and are encouraged to—email the Judicial Assistant a brief reminder describing the matter needing attention and when it was fully submitted or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing and/or additional filing, to send the Court a reminder e-mail to the Judicial Assistant (wen-shiu.chang@mt.gov) containing only a brief description of the matter needing attention and the date it was fully submitted or taken under advisement.
Page 5 | F. Reminder to Court
CSSD may be contacted by phone at 1-800-346-5437.
CSSDmay also be contacted at 1-800- 346-5437 or via email at childsupport@mt.gov.
Page 13 | RULE 16: DOMESTIC ACTIONS