Fallon County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Attorney fee affidavit

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

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.

CRITICAL

Applies to

Parenting education certificate of completion

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.

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.

CRITICAL

Applies to

Parenting plan amendment affidavit

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit supporting the proposed amendment and give notice as provided by 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.

CRITICAL

Applies to

Original document

Counsel must file all original documents with the Clerk of Court.

Counsel shall file all original documents with the Clerk of Court.

CRITICAL

Applies to

Motion to dismiss

Must include

proposed order

For a qualifying offense and defendant, evidence of successful completion of deferred imposition requirements must be submitted to the Court with a proposed order.

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.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pretrial order.

Trial briefs shall be submitted as required in the pretrial order.

CRITICAL

Applies to

Jury instructions

Counsel must provide the Court and opposing counsel with jury instructions and verdict forms as directed by the Scheduling Order or Omnibus Order.

Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.

CRITICAL

Applies to

Jury instructions

The applicable Montana Pattern Civil or Criminal Jury Instructions must be used as the primary source.

The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority allowing the requested relief and include a proposed order when the motion is filed.

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.

CRITICAL

Applies to

Omnibus form

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.

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.

CRITICAL

Applies to

Subpoena

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.

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

Proposed order

Proposed orders must omit submitting counsel’s name and address from the top-left corner.

All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.

CRITICAL

Applies to

Proposed decree

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.

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.

CRITICAL

Applies to

Affidavit

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.

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:

CRITICAL

Applies to

Pleading

A jury-trial demand incorporated in a pleading must appear in both its title and body.

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.

CRITICAL

Applies to

Faxed or electronic document

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.

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.

CRITICAL

Applies to

Motion or brief

Motions and briefs must be filed with the Clerk; emailing the judge or judicial assistant does not file a document with the Clerk.

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.

CRITICAL

Applies to

Petition for consolidation

A petition for consolidation must be filed in each action to be consolidated.

A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.

CRITICAL

Applies to

Law and motion hearing

A matter may not be heard until relevant supporting documents are filed and opposing parties have been served under applicable rules.

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.

CRITICAL

Applies to

Final decree of dissolution

A completed Vital Statistics reporting form must be presented to the Clerk of Court when the Final Decree of Dissolution is filed.

I. A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

CRITICAL

Applies to

Jury instructions

Attorneys must email the cited jury instructions to the judicial assistant in Microsoft Word format.

In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.

CRITICAL

Applies to

Certificate of service

The certificate of service must state how the copy was sent to the judge.

Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.

CRITICAL

Applies to

Public defender financial affidavit

A defendant seeking a public defender must complete a sworn Financial Affidavit and provide other information required by the Office of Public Defender.

A. Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.

CRITICAL

Applies to

Proposed findings conclusions

Unless the Court waives the requirement, all parties must file and serve proposed findings of fact and conclusions of law for criminal evidentiary hearings and bench trials requiring written findings.

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.

CRITICAL

Applies to

Jvn motion

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.

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.

CRITICAL

Applies to

Pretrial order

The pretrial order must stipulate which exhibits will be admissible without objection.

Counsel shall have stipulated in the pretrial order to those exhibits that will be admissible without objection.

CRITICAL

Applies to

Response or objection to jvn crime lab testimony

A response or objection must state whether a genuine issue exists as to the analysis or procedure at issue.

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.

CRITICAL

Applies to

Written notice to clerk

At least three weeks before a civil or criminal jury trial, each party's counsel must notify the Clerk of Court in writing whether trial will proceed as scheduled.

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.

CRITICAL

Applies to

Scheduling request

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.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Foreign personal representative sworn statement to close estate

When the specified probate matter is completed, counsel for the foreign personal representative must file a sworn statement to close the estate.

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.

CRITICAL

Applies to

Discovery document

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.

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.

CRITICAL

Applies to

Motion response or reply

Must include

proposed order

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.

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.

WARNING

Applies to

Filed discovery documents

Counsel must retrieve filed discovery documents within 30 days after the Clerk’s notice following final judgment and expiration of the appeal period; unclaimed documents may be destroyed.

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.

INFO

Applies to

Request for decision

If a matter has been under advisement for more than 30 days, an affected party may file a Request for Decision stating when the matter was taken under advisement and requesting a decision.

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.

CRITICAL

In adoption matters, counsel must present the Court with an order for the required pre-placement evaluation.

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.