Daniels County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Stipulation

The Court will consider a stipulation only if it is made in open court on the record or is written and subscribed by the party against whom enforcement is sought or that party’s counsel.

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.

CRITICAL

Applies to

Pleading

A pleading demanding a jury trial must identify the jury demand in both its title and its body.

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.

CRITICAL

Applies to

Document

Must include

ai disclosure

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.

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."

CRITICAL

Applies to

Trial exhibits

Copies of all standard-size trial exhibits must be made in advance for the judge and opposing counsel.

Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.

CRITICAL

Applies to

Trial brief

A trial brief must state the party's theory and issues and identify authorities supporting the law of the case and the proposed evidence.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

The parties must file the completed Omnibus Hearing Memorandum by 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.

CRITICAL

Applies to

Petition

A petition commencing child-support modification proceedings must state whether the requesting party knows the child is receiving or applying for public assistance.

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

CRITICAL

Applies to

Jury instructions

Copies of jury instructions must include the authority citation, requesting party, and proposed-instruction number; the original must omit those items.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a support variance must furnish written proposed findings addressing why clear and convincing evidence supports the variance.

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.

CRITICAL

Applies to

Proof of payment

Parties attending mediation must provide the court proof that mediation financial obligations have been satisfied before an Order, Final Decree, or Judgment is issued.

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.

CRITICAL

Applies to

Court filed document

Filed documents must show necessary signatures, and an attorney's stamped or electronically generated signature counts as an original.

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.

CRITICAL

Applies to

Proposed jury instructions and verdict forms

Proposed jury instructions and verdict forms must be delivered to the court as an original and one copy, with a copy 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.

CRITICAL

Applies to

Attorney fee affidavit

A party seeking attorney's fees must file and serve an affidavit at the time of a final decision on the merits or another appropriate time.

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

CRITICAL

Applies to

Proof of notice

When the notice is required, the petitioner must file proof of that notice with the Clerk of Court.

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.

CRITICAL

Applies to

Calendar addition request

Must include

proposed order

A party seeking to add a case to the calendar must submit a proposed order setting the requested hearing.

The party seeking to add a case to the calendar must submit a proposed order to set the matter, as requested, for hearing.

CRITICAL

Applies to

Motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Subpoena

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.

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.

CRITICAL

Applies to

Transcript request

In an appeal, a party must make a written request to the court reporter for a transcript.

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.

WARNING

Applies to

Attorney fee request

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.

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.