Fallon County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • When Original Not Timely Arranged
Jury Instructions
- 2 copies
Communication
Phone
Page & Word Limits1 rule
Individual briefs shall not exceed twenty-five (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 Requirements11 rules
All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
Formatting
- •The body of the document must be left justified
- •Filings must also be formatted as directed by UDCR 1
In order to facilitate scanning and entry into the Full Court case management system, documents filed with the Clerk of Court shall not be stapled.
The required format for electronically filing of scanned documents is PDF.
- File type
- Scanned document
The required format for electronically transmitted proposed orders is Microsoft Word.
- File type
- Word
- Proposed order
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
- Jury instructions
Formatting
- •The emailed jury instructions with citations must be in Microsoft Word format
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
All exhibits are to be marked prior to trial or during recesses. Plaintiff/petitioner shall mark exhibits with a number, and the defendant/respondent shall utilize a letter.
Counsel shall take care that any filing of more than one page in length does not leave one page with a “dangling signature line,” i.e., a page with only the date and/or a line for the judge’s signature.
- More than 1 page
The preferred format is a Microsoft Word document.
Formatting
- •Microsoft Word is the preferred format
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
Document Filing Requirements37 rules
For one subpoena, counsel must submit an original and copy; for multiple subpoenas, counsel must submit one original per recipient 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.
All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.
Faxed or electronic documents must contain necessary signatures; attorney electronic signatures count as originals, while an original signed document with a party or non-attorney signature must be timely filed with the Clerk.
Court's wording
A faxed or electronic document must show necessary signatures or the document will not be filed. An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents. It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.
Counsel shall file all motions and briefs with the Clerk of Court. An email to the judge or judicial assistant does not constitute ‘filing’ a document with the Clerk of Court.
A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.
No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Discovery documents generally may not be filed without prior leave, subject to the stated UDCR 4 exception, and filed discovery materials are handled as specified by the Court.
Court's wording
Except as provided in Uniform District Court Rule (UDCR) Rule 4, no discovery documents may be filed with the Clerk of Court without prior leave of Court. Upon receipt of a deposition pursuant to UDCR 4, after leave of Court has been granted, the Clerk shall open it and file it in the open file, unless otherwise ordered. In the event the Court orders filing of discovery documents, the Clerk shall receive such documents, note upon the register of the action and place them in a separate Court file, with the file number noted.
A motion must cite authority allowing the requested relief and include a proposed order when the motion is filed.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.
Plaintiff’s or petitioner’s counsel in a civil action must submit a written request for a scheduling conference or scheduling order, subject to the stated exception.
Court's wording
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
A motion seeking specific relief must state whether any party objects and, if there is an objection, whether the objecting party will file a written objection.
Court's wording
For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
A hearing request in a criminal or civil matter must appear in the motion, response, or reply, identify whether it seeks oral argument or an evidentiary hearing, and include a proposed order.
- Document
- Motion response or reply
Must include
- •Proposed order
Court's wording
When hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply. The request shall specify the purpose of the hearing (oral argument or evidence hearing). Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.
Trial briefs shall be submitted as required in the pretrial order.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.
The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Counsel shall have stipulated in the pretrial order to those exhibits that will be admissible without objection.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
The Court will consider a stipulation only if it is made on the record in open court or is in a writing subscribed by the party against whom enforcement is sought or that party's counsel.
Court's wording
In any case, whether civil or criminal, the Court will not consider for any purpose any stipulation between the parties unless the stipulation is either made in open court on the record, or made into a writing which is subscribed by either the party against whom the stipulation is sought to be enforced, or by such party’s counsel.
A motion for JVN appearance or testimony must state whether the proceeding is contested, whether any party objects, the requested connection type, and a telephone number for technical difficulties, in addition to Local Rule 6 information.
Court's wording
Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
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 itemizing the claim.
Counsel shall file all original documents with the Clerk of Court.
For the specified domestic-relations matters, the moving party must submit an affidavit in the prescribed form answering the questions set out in the rule.
Court's wording
A. As directed by the Court, for temporary maintenance or child support, or other matters pendent lite, modification proceedings, or trial on contested domestic relations matters, the moving party shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto:
Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.
Each parent of minor children must complete the court-sanctioned parenting education program before the specified final proceeding or order and file a certificate of completion with the Clerk of Court.
Court's wording
C. All parents of minor children shall satisfactorily complete the parenting education program sanctioned by the Sixteenth Judicial District Court prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan. Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
E. Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
For a qualifying offense and defendant, evidence of successful completion of deferred imposition requirements must be submitted to the Court with a proposed order.
- Document
- Motion to dismiss
Must include
- •Proposed order
Court's wording
D. For offenses committed prior to October 1, 2015, upon motion of the defendant who has successfully completed his or her deferred imposition of sentence, the Court may order that the action be dismissed. Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
After a not-guilty plea, counsel must consult and attempt to stipulate to the contents of the Court-approved omnibus form before the hearing, and the form must be submitted for approval on the hearing date.
Court's wording
C. After the defendant enters a plea of “not guilty’, the Court shall set an omnibus hearing. Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
When payments are ordered directly to the Clerk, counsel must tell the child-support-paying client to add $2.00 to each payment, and the proposed decree must include that obligation in the final order.
Court's wording
H. When child support or spousal maintenance is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage. The proposed decree shall include in the final order the child support obligor’s obligation to include the additional $2.00 in each child support payment.
I. A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
A. Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
When the specified probate matter is completed, counsel for the foreign personal representative must file a sworn statement to close the estate.
Court's wording
Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, et seq., M.C.A., counsel for the foreign personal representative must file with the Court a Foreign Personal Representative’s Sworn Statement to Close Estate.
After final judgment and expiration of the time for appeal, the Clerk shall notify counsel to retrieve filed discovery documents within thirty (30) days. If counsel fails to retrieve the discovery documents, the Clerk of Court may destroy them.
In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.
In adoption matters, counsel must present the Court with an order for the required pre-placement evaluation.
Court's wording
In all adoption matters, the pre-placement evaluation required by Section 42-3-201, M.C.A., will be ordered by the Court. It is the obligation of counsel to present to the Court an order for such evaluation.
Filing & Service rules
Electronic Filing Rules
Documents that may be filed by mail may instead be filed by fax or electronic transmission, subject to the stated rules.
The filing of any document that may be done by mail may be done by fax or electronic transmission, subject to the provisions of this Rule and the Montana Rules of Civil Procedure.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
A fax or electronic transmission is filed at the date and time the Clerk receives it.
The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Briefs with a specified filing date must be filed by that date.
All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A party obtaining an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.
When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.
Page 3
A response or objection to proposed JVN crime-lab testimony must be filed within 10 business days after the motion and must state whether a genuine issue exists as to the analysis or procedure.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
A JVN appearance or testimony motion must be filed as early as practical and at least one hour before the hearing, even if all parties consent.
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
The opposing party must file any objection within 14 days, 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 5 | RULE 15 - ATTORNEY’S FEES
Service and Proof of Service Rules
An extension request must be served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Notice of a transfer between departments must be provided to all parties.
Notice of said transfer shall be provided to all parties.
Page 1 | RULE 1 - DEPARTMENT AND ASSIGNMENT OF CASES
Opposing parties must be served under the applicable rules before a matter is heard on the Law and Motion calendar.
No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
When the Court orders a DPHHS evaluation, counsel must mail or deliver conformed copies of the Petition for Adoption and evaluation order to DPHHS.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.
Page 5 | RULE 17 - ADOPTION MATTERS
The attorney-fee affidavit must be served as well as filed.
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 itemizing the claim.
Page 5 | RULE 15 - ATTORNEY’S FEES
Counsel may withdraw only with the client’s consent or court leave after serving notice on the client and the other parties or opposing counsel.
B. Counsel may not withdraw from any case, civil or criminal, except by consent of the client or by leave of the Court after notice is served on the client and other parties/opposing counsel.
Page 5 | RULE 14 - ATTORNEYS
Unless the parties stipulate to the proposed parenting plan, the moving party must give notice in accordance with the cited statute.
E. Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
After entry of an order for child support to be collected by the Child Support Enforcement Division, counsel for the receiving party must notify that Division as required by Montana law.
G. After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
The Respondent must serve the Petitioner with an affidavit following the prescribed outline and stating objections or concerns no later than 30 days after service of the Petitioner’s affidavit.
B. No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Unless waived by the Court, the proposed findings and conclusions must be served on opposing parties.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Page 6 | RULE 19 - CRIMINAL ACTIONS
An attorney who electronically files any document is deemed to consent in writing to electronic receipt of documents.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
After the 90-day period following expiration of the time to appeal a final civil judgment or decree, renewed-proceedings notice must go to presumed-former counsel and notice or service must also go directly to the party as otherwise required by law.
D. From ninety (90) days after the time for appeal from any final judgment or decree in a civil matter has run, the presumption shall be that any party previously represented by counsel is no longer represented by such counsel. After the ninety (90) day period, notice of renewed proceedings shall be provided to presumed-former counsel, as well as notice or service directly to the party as otherwise required by law.
Page 5 | RULE 14 - ATTORNEYS
Filing Fees and Waivers
Filing a pleading by fax or email costs 50 cents per page in criminal and civil proceedings.
As dictated by statute, the fee for filing a pleading by fax or email in all criminal and civil proceedings shall be 50 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Providing copies of papers on file by fax, email, or other electronic means costs 25 cents per page in criminal and civil proceedings.
The fee for providing copies of papers on file in the Clerk’s office by fax, e-mail or other electronic means in all criminal and civil proceedings shall be 25 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel must pay any required filing fee when filing or as otherwise arranged with the Clerk of Court.
If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged with the Clerk of Court.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
The person filing a document must pay required fees in the manner and within the time required by the Clerk.
It shall be the obligation of the person filing the document to pay any required fees in the manner and within the time required by the Clerk of Court.
Page 2 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A contested motion to amend a final parenting plan, including a qualifying custody decree or order, requires a $120 filing fee; the motion is deemed contested unless both parties stipulate when it is filed.
F. Section 25-1-201, M.C.A., provides for a $120 filing fee to file a contested petition (motion) for amendment of a final parenting plan. Pursuant to Section 40-4-219(7), M.C.A., a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a “final parenting plan” in determining whether a new filing fee is due. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is filed with the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Charges may be assessed for use of JVN for non-court business.
Charges for the use of JVN may be assessed.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Courtesy Copy Requirements
Attorneys must provide the judicial assistant with two hard copies of the proposed instructions, one with citations and one without.
Attorneys must also provide the judicial assistant with two hard copies of the proposed instructions: one including the citations and one without citations.
Page 3 | C. Jury Instructions and Jury Issues
Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3
If counsel has not arranged for the original document to be timely brought before the presiding judge, counsel must send one copy to the judge’s resident office by mail or email.
When counsel has not arranged for the original document to be timely brought before the presiding judge, counsel shall mail or email a copy to the presiding judge at the judge’s resident office.
Page 5
Pre-Motion Conference Requirements
Absent the stated notice of nonopposition or no planned written objection, and absent good cause for ex parte action, the adverse party must have an opportunity to respond before the Court rules; applicable rules and statutes set the response time.
Unless the Court has been informed the adverse party does not oppose the motion, or the adverse party opposes the relief but does not intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling. Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Before a motion seeking specific relief is presented, opposing counsel must be contacted, and the motion must confirm that contact and state whether any party objects.
For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Adjournment & Extension Requirements
A request for an extension of time must be filed and served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A trial continuance requires good cause even if opposing counsel stipulates, and a motion to continue must comply with Local Rule 6.
Continuances of trial, even when stipulated-to by opposing counsel, will not be granted without good cause. All such motions to continue trial must be submitted in accordance with Local Rule 6.
Page 3
Except for good cause, any motion for continuance is due on this date.
Except for good cause, any motion for continuance is due on this date.
Page 3
Chambers Communication Rules
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Matters must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
All matters shall be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Attorneys or parties must provide the Clerk’s office with the email addresses for receiving Orders or Minute Entries.
Attorneys or parties must provide the Clerk of Court’s office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
A party may not discuss a substantive issue ex parte with the Court without notice and approval of all opposing counsel, unless the law expressly allows it.
No party shall discuss ex parte with the Court any substantive issue related to a pending or anticipated case without notice and approval of all opposing counsel, or as otherwise expressly allowed by law.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Court communications must indicate on their face that a copy was sent to opposing counsel and any unrepresented party, or the Court will not receive them.
The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Court scheduling must be coordinated with the judicial assistant or other personnel designated by the judge.
All the Court’s scheduling shall be coordinated with the judicial assistant or other personnel the judge may designate.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A party or counsel granted leave to use JVN must make all necessary arrangements with the Clerk of Court or judicial assistant.
Any party/counsel granted leave to use JVN shall make all necessary arrangements for such use with the Clerk of Court or judicial assistant.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Counsel must keep the Clerk of Court and other individuals informed of site or IP address changes affecting JVN participation.
Counsel is responsible for keeping the Clerk of Court and other individuals informed of site or IP address changes effecting JVN participation.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
A party or counsel seeking to use JVN for a hearing or meeting unrelated to Sixteenth Judicial District Court business must reserve it through the Clerk of Court or judicial assistant.
Any party/counsel requesting use of the JVN equipment for hearings or meetings other than Sixteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court or judicial assistant.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Counsel unfamiliar with the electronic evidence presentation system must advise the Clerk of Court well in advance and arrange a convenient courthouse training time.
At a time well-in-advance of the scheduled trial or hearing date, counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court in order to receive the necessary training for use of the electronic evidence presentation system.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
JVN hearing participants must maintain a means of communication, such as a cell phone, so they can be reached if connection problems or other delays arise.
Participants in the hearing via JVN are to maintain a means of communication (cell phone) so the individual may be readily contacted in the event of unforeseen difficulty establishing the JVN connection, or other delay.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
People wishing to use a courtroom, jury room, or law library for meetings, depositions, or videoconferencing must contact the Clerk of Court to reserve it and avoid scheduling conflicts.
Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.
Page 5
Before filming, media personnel must contact the Clerk of Court to coordinate equipment placement and avoid disrupting proceedings.
Prior to filming, media personnel shall contact the Clerk of Court to coordinate the placement of equipment in order to avoid disrupting the proceedings.
Page 5 | RULE 16 - PHOTOGRAPHY, TELEVISION AND MEDIA
Parties should avoid addressing substantive matters in email correspondence whenever possible.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
The Clerk may distribute Court Orders and Minute Entries by email instead of hard copy.
In an effort 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 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY