Fallon County District Court, Montana Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Notice of a transfer between departments must be provided to all parties.

Notice of said transfer shall be provided to all parties.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.