Fergus County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Emergency Filing
- 1 copy • Email
Proposed Order
Adjournments
- A motion to extend a deadline must state opposing counsel's position on the request.
- Ex parte requests to continue a matter set by court order for Law and Motion must comply with MUDCR 3.
- A continuance may be granted only by motion and only if it does not inconvenience the Court’s trial calendar.
- +6 more
Request must include
Communication
Phone
Page & Word Limits3 rules
Briefs are limited to 20 pages or, alternatively, 6,500 words with the required certification; prior leave is required to exceed the page limit, and serial motions to evade it may be summarily denied.
- Brief
- Up to 20 pages or 6,500 words
Excluded from the limit
- •Caption
- •Signature block
- •Certificates
- •Index
- •Table of contents
- •Table of authorities
- •Appendices
Exception
More pages with leave of court
Court's wording
D. Requirements of Briefs: No individual brief shall exceed twenty (20) pages in length, exclusive of the electronic certificate of service, indexes, or appendices, without prior leave of the Court. Serial motions filed for the purpose of evading the page limitation may result in summary denial of all such motions. (1) Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices) if accompanied by a certification of compliance which states the word count and the documents line spacing and states:
(2) Reply briefs shall not exceed ten (10) pages or 2,500 words.
- Reply brief
- Up to 10 pages or 2,500 words
The total number of pages of attachments shall not exceed fifteen (15) except by leave of the Court
- Attachments
- Up to 15 pages
Exception
More pages with leave of court
Document Format Requirements11 rules
B. Forms of Papers Presented for Filing. Any pleading filed in an action which does not conform to, MUDCR 1, will not be filed by the Clerk of Court and shall be returned to the party submitting it. All papers shall be: (1) Typewritten or if handwritten in clear and legible handwriting; (2) Only on standard quality paper, 8 ½” x 11” in size with one inch margins on one side only; (3) Lines numbered consecutively from the top; (4) Spaced one and a half or double, except for quoted material and footnotes; (5) Numbered consecutively on the bottom left hand portion of the page. If the filing is more than one page, the page number should be in the format “x of x”; and (6) The title of the pleading shall not be listed in the bottom margin and must be left blank for the electronic signature of the Court.
- Margins
- 1 inch
- Paper size
- Letter
Formatting
- •Use standard-quality paper and print on one side only
- •Number lines consecutively from the top.
- •Use one-and-a-half or double spacing, except for quoted material and footnotes
The first page of every filing must place filer and case information in the specified locations, leave the clerk's designated space blank, and conform or obtain leave to file.
Court's wording
C. The first page of any filing shall conform to the following: (1) Commencing at line 1 at the left margin, single spaced, shall identify the name of the attorney or party responsible for the pleadings together with complete mailing address, telephone number and email address; (2) Lines 1 through 7 of the right one half of the page shall be left blank for the use of the Clerk of Court; (3) On or below line 8, the title of the Court; (4) Commencing at line 9 or below, on the left the title of the case; (5) On the right and opposite the title of the case, the case number and identification of the document; (6) Nonconforming pages may not be filed without leave of the Court and will either be rejected by the Clerk of Court or stricken from the record.
Omit macros or special coding or formatting other than appropriate citation format;
Be submitted via e-filing in .doc or .docx format. All proposed orders in cases that are not enabled for e-filing shall be emailed to the Court Administrator in .doc or .docx format;
Formatting
- •Submit in .doc or .docx format
Adhere to the formatting requirements as set forth above.
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
If the clean proposed jury instructions and verdict form are not submitted by e-filing the parties shall email them to the Court Administrator in .doc or .docx format.
A set of “clean” jury instructions shall also be e-filed in .doc or .docx format that does not contain the citations.
- Clean jury instructions
Formatting
- •Use .doc or .docx format and omit citations
Exhibits are to be appropriately marked and exchanged prior to trial, with Plaintiff/Petitioner using numbers and Defendant/Respondent using letters—unless directed otherwise by the Court.
Proposed orders for emergency filings should be properly filed with the Clerk of Court as well as emailed to the Court Administrator in .doc or .docx format.
and shall not be larger than 8 ½” x 11”.
- Paper size
- Letter
Document Filing Requirements76 rules
No matter will be scheduled for hearing until the motion or other documentation, and all relevant supporting documents, have been filed with the Clerk of Court.
The Clerk of Court shall review all documents filed to ensure the filings are complete, consistent, and comply with these rules as well as any other applicable rules. The Clerk of Court should not file, and the Court may strike, any papers presented for filing which do not conform to MUDCR 1, and Rules 10 and 11 of the M. R. Civ. P., or these rules. The Clerk of Court may return documents that do not meet the above requirements or may bring the filings to the attention of the Judge to review and take appropriate action.
Any ex parte motions regarding parenting must conform to Mont. Code Ann. § 40-4-220(2).
No ex parte motions in family law or guardianship/conservatorship matters will be considered without demonstrating clear and convincing evidence of imminent physical or mental harm.
The moving party is required to file a notice of issue after all motions have been fully briefed.
If filing by fax or email, note the filing is an emergency in the cover sheet or subject line of the email.
The request must be accompanied by a proposed order containing proposed new deadlines.
- Document
- Deadline extension request
Must include
- •Proposed order
Unless the last deadline in a scheduling order sets a conference or a trial date, it must require the parties to file a joint notice stating the matter is ready for trial or further scheduling.
A motion to postpone trial because a witness or evidence is absent must be supported by an affidavit establishing the stated grounds for postponement or that the interests of justice require it.
Court's wording
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under Mont. Code Ann. § 25-4-501, showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available, should postponement be granted, or pursuant to Mont. Code Ann. § 46-13-202, if the interests of justice require it.
Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices) if accompanied by a certification of compliance which states the word count and the documents line spacing and states:
- Document
- Certification of compliance
Include
- •Word count
Leave to file an overlength brief is disfavored and requires good cause; the motion must state the additional page count and explain why the extra length is necessary.
Court's wording
Pursuant to Rule 12(10), of the Montana Rules of Appellate Procedure (M. R. App. P.), motions seeking leave to file an overlength brief are disfavored and will only be granted for good cause. Motions must include the number of additional pages and detail why an overlength brief is necessary.
Attachments may be filed only once; later use must refer to the document name, filing date, and docket number.
Court's wording
Exhibits, appendices, and other attachments (hereinafter “attachments”) to pleadings, motions, and other papers shall be filed with the Court only once; subsequent use of such attachments shall be by reference to the document name, filing date, and docket number.
In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.
Any person who files a document under seal, with or without prior leave, certifies that sealing is appropriate to the best of the person’s knowledge, information, or belief.
Proposed orders (uncontested or otherwise) shall accompany the motion as a separate document and must conform as set forth above.
- Document
- Motion
Must include
- •Proposed order
When a party moves for leave to amend or supplement a pleading, the proposed pleading must be attached to the motion as an exhibit.
When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.
Be submitted as a separate document under the filing type “Proposed Document” and shall not have a footer or signature block for the Judge’s signature.
The traditional signature block shall be replaced with: ELECTRONICALLY SIGNED AND DATED BELOW.”
Sourced jury instructions are to be filed under the filing type “Notice” and filing subtype “Notice”.
Clean jury instructions are to be filed under the filing type “Proposed Document” and the filing subtype “Jury Instructions Proposed”.
A “sourced” set of proposed instructions shall indicate the party on whose behalf it is requested, be numbered consecutively, and contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
A set of “clean” jury instructions shall also be e-filed in .doc or .docx format that does not contain the citations.
Proposed jury instructions and verdict forms shall be filed according to the requirements of Rule 4.
Proposed verdict forms must be filed with the Court in the same manner as jury instructions.
Counsel shall ensure that proposed jury instructions are correct with respect to the parties name and gender and as to whether parties are singular or plural.
If a Defendant is entering a guilty plea or being sentenced, their counsel is not permitted to appear by Zoom unless an appropriate motion is filed that includes their client’s consent.
If the detention facility cannot accommodate the hearing, counsel shall determine what dates and times such hearing can be accommodated and provide that information to the Court in an appropriate motion.
A. Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.
When seeking leave to file an Information, the County Attorney must submit a proposed order.
- Document
- Motion for leave to file information
Must include
- •Proposed order
Court's wording
B. Bail and Conditions. At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order and shall include any bond and conditions that were imposed in the Justice or City Court and/or provide recommendations for bail and conditions of release, pending initial appearance.
(1) If OPD has been appointed or if defense counsel has been assigned in a lower court proceeding, the County Attorney shall include such information in their Motion and Affidavit for Leave to File Information.
(2) Defense counsel shall immediately file a notice of appearance upon assignment or reassignment.
If the defendant waives a formal omnibus hearing, the prosecution and defense must each complete their portions of the Omnibus Memorandum and Order.
Court's wording
If Defendant waives a Formal Omnibus Hearing the prosecution and defense will each complete their portions of the Omnibus Memorandum and Order and email the completed form to the Court Administrator which will be submitted to the Court for approval.
All proposed arrest warrants shall include proposed bond and conditions.
Counsel proffering an Alford or nolo contendere plea must present a factual basis showing good reason for the Court to accept it.
Court's wording
Alford Pleas. Counsel who intend to proffer an Alford plea or plea of nolo contendere under Mont. Code Ann. § 46-12-204, must present a factual basis showing good reason for the Court to accept the plea, Mont. Code Ann. § 46-12-212(2).
Unless effectively waived by a Defendant, a Presence Investigation Report (PSI) shall be completed and the original filed with the Court.
Written Plea Agreements. Plea agreements under Mont. Code Ann. § 46-12-211, must be reduced to writing, signed by counsel and the Defendant, and filed with the Clerk of Court.
The parties must file the CSSD order with the Court.
In such cases, when the class is complete, the parents must file a certificate of completion with the Court.
and if so, petitioner shall immediately notify CSSD in writing of the pending action and file proof of such notice with the Clerk of Court.
All parenting cases shall include a notice by the Petitioner of the status and case number for CSSD or the most recent CSSD order.
In the specified cases involving a temporary protection order in a court of limited jurisdiction, the Petitioner's counsel or the lower-court Petitioner must promptly notify that court of the District Court action and move to transfer the matter.
Court's wording
When any action for declaration of invalidity of marriage, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a temporary order of protection in a court of limited jurisdiction, counsel for the Petitioner or the party who is the Petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to transfer the matter to the District Court.
Unless an action has been filed in the District Court as set forth above, a sworn petition for a temporary order of protection will be automatically denied, barring extenuating circumstances, such as the absence of the Judge in the lower court.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance,
A party seeking 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.
At the time of filing a petition for dissolution, invalidity of marriage, petition for legal separation, or petition for parenting plan the Petitioner or the Co-Petitioners shall file a sensitive case form which sets forth the parties and minor children’s full names, full dates of birth, and social security numbers.
If the Petitioner is unaware of any of that information they shall indicate such on the form and the Respondent will be required to file a sensitive case form with any information that was incorrect or unknown to Petitioner.
Each party will submit to the settlement judge/ mediator/ master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
upon execution by parties, a written status report shall be filed with the Court.
Any agreement reached in mediation shall be promptly reduced to writing
If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.
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.
When a party changes attorneys, a notice of substitution signed by the incoming and outgoing attorney and client must be filed by the outgoing attorney.
Within thirty (30) days, settlement documents must be prepared and filed.
Parties in the specified cases must complete the UpToParents.org orientation before the Court adopts a Parenting Plan or signs a Decree of Dissolution, unless the Court waives the requirement by order.
Court's wording
Upon the filing of a Petition for Dissolution or Legal Separation where there are minor children or the filing of a Petition for Parenting Plan between two unmarried individuals, the parties will be required to undertake an orientation to parenting and divorce class at UpToParents.org. Completion of the class is mandatory prior to the Court’s adoption of a Parenting Plan or signing of a Decree of Dissolution, unless properly waived by order of the Court.
Filing & Service rules
Electronic Filing Rules
Proposed orders must be submitted by e-filing when enabled; in cases not enabled for e-filing, they must be emailed to the Court Administrator.
Be submitted via e-filing in .doc or .docx format. All proposed orders in cases that are not enabled for e-filing shall be emailed to the Court Administrator in .doc or .docx format;
Page 14 | Rule 5 - Manner of Filing
Lawyers admitted in Montana and lawyers appearing pro hac vice must use the electronic filing system in cases where e-filing is enabled, unless specifically exempted, and counsel is responsible for knowing which cases are enabled and the proper procedures.
The Tenth Judicial District Court has implemented the State of Montana’s E- Filing system. Most case types are capable of electronically filing. Counsel is responsible for knowing what case types have been enabled and proper filing procedures. The Montana Supreme Court has adopted rules governing access to and use of the electronic filing system. See in re Temporary Electronic Filing Rules, AF 14-0745, filed October 3, 2017. Consistent with Temporary Electronic Filing Rule 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 in which e-filing has been enabled, unless specifically exempted.
Page 14 | Rule 5 - Manner of Filing
A party requesting a civil order, judgment, or decree must submit it through e-filing when applying for it.
The party requesting any civil order, judgment, or decree must present the same through e-filing at the time of application for such order.
Page 14 | Rule 5 - Manner of Filing
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
Page 15 | E
If clean proposed jury instructions and verdict forms are not e-filed, the parties must email them to the Court Administrator.
If the clean proposed jury instructions and verdict form are not submitted by e-filing the parties shall email them to the Court Administrator in .doc or .docx format.
Page 15 | D. Jury Instructions
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Page 16 | Rule 7 - Pre-Trial and Trial, A
If the defendant waives a formal omnibus hearing, the completed Omnibus Memorandum and Order must be emailed to the Court Administrator for submission to the Court.
If Defendant waives a Formal Omnibus Hearing the prosecution and defense will each complete their portions of the Omnibus Memorandum and Order and email the completed form to the Court Administrator which will be submitted to the Court for approval.
Page 23 | D. Omnibus Hearing
When requested by the Court, a proposed order following a hearing should be submitted by e-filing or email to the Court Administrator, unless otherwise directed.
Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.
Page 12 | Rule 1 - Law and Motion
When e-filing is under maintenance or otherwise unavailable in extenuating circumstances, documents may be filed with the Clerk by mail, email, or facsimile, subject to the stated rules.
For extenuating circumstances in which e-filing is undergoing maintenance, or is otherwise unavailable, documents may be filed with the Clerk of Court via mail, email, or facsimile, subject to the provisions of this rule and the M. R. Civ. P.
Page 15 | E
Filing Timing and Cure Windows
The notice of issue is due after all motions have been fully briefed.
The moving party is required to file a notice of issue after all motions have been fully briefed.
Page 4 | Rule 1 - Law and Motion
Parties must comply with scheduling-order dates, and documents submitted after a required filing date may be filed only with leave of the Court.
The Court's scheduling orders shall be complied with as to specific dates set forth in the scheduling orders. If documents are submitted to the Clerk of Court in violation of the Court's Scheduling Order, i.e., beyond the required filing date, such documents shall be filed only with leave of the Court.
Page 5 | Rule 2 - Scheduling Procedure and Case Management.
Discovery deadlines must be followed.
Discovery deadlines are to be followed.
Page 5 | Rule 2 - Scheduling Procedure and Case Management.
Unless the court grants leave, the ordinary brief limit controls, and the Clerk will refuse an overlength brief without a court order.
Unless leave of Court is granted, the above rule controls. The Clerk of Court will refuse to file overlength briefs without a Court order.
Page 11 | Rule 1 - Law and Motion
If leave to amend or supplement is granted, the party must promptly submit the amended pleading for filing because the Clerk will not file the attached exhibit.
If leave is granted, the party must promptly file the pleading. If leave is granted counsel must submit the amended document for filing, the Clerk of Court will not file the attached exhibit.
Page 13 | Motion for Leave to Amend or Supplement
When directed to prepare an order after a hearing, a party must submit the proposed document within 14 calendar days of the hearing unless the Court sets a different deadline.
When directed by the Court to prepare an order after hearing, the party shall submit the proposed document within fourteen (14) calendar days of the hearing, unless a different deadline is established by the Court.
Page 14 | Rule 5 - Manner of Filing
For a transmitted filing, the filing date and time are the date and time the Clerk of Court receives it.
The date and time of receipt by the Clerk of Court of the transmission shall be the date and time of filing.
Page 15 | E(1)
A motion for a Zoom appearance must be filed at least two business days before the hearing.
Motions for Zoom appearances must be filed at least two (2) business days prior to the hearing.
Page 19 | Rule 11 - Telephonic or Video Testimony & Appearances
If the defendant is incarcerated, the Information must be filed no later than five days after the Order.
If a Defendant is incarcerated, the Information shall be filed no later than five (5) days following the Order, otherwise there are calendaring issues for speedy trial.
Page 23 | C. Arraignment
If an examination is ordered on the defendant's motion, defense counsel must ensure the examination report is timely filed.
Should examination be ordered upon Defendant's motion, defense counsel shall be responsible to assure a report of examination under Mont. Code. Ann. § 46-14-206, is timely filed.
Page 24 | D. Omnibus Hearing
The sensitive case form must be filed at the time the specified petition is filed.
At the time of filing a petition for dissolution, invalidity of marriage, petition for legal separation, or petition for parenting plan the Petitioner or the Co-Petitioners shall file a sensitive case form
Page 28 | F. Sensitive Case Form
Settlement documents must be filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 30 | I. Settlement Documents.
Notice of a bankruptcy protection filing must be given to the Court immediately.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the Court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Page 31 | Rule 19 - Bankruptcy
Status reports for matters filed in Bankruptcy Court must be filed annually.
Status Reports for matters which have been filed in Bankruptcy Court shall be filed on an annual basis.
Page 32 | Rule 19 - Bankruptcy
The annual accounting is due one calendar year after the order is issued.
Such annual accounting is due one calendar year from the date the order is issued.
Page 34
Within 90 days after the notice, the Personal Representative must close the estate or file a status report explaining why it is not yet ready to close.
Accordingly, in keeping with the Local Court Rules the Personal Representative will have a period of ninety (90) days from the date of this Notice to either close the estate, or in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed.
Page 34
In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.
In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.
Page 3 | Rule 1 - Law and Motion
Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.
Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.
Page 12 | Rule 1 - Law and Motion
The response or objection period is governed by the MUDCR, the Montana Rules of Civil Procedure, and applicable specific statutes.
Timelines established by the MUDCR, the M. R. Civ. P., and applicable specific statutes govern the time to be allowed for any response or objection.
Page 12 | Rule 1 - Law and Motion
If a scheduling order requires a trial brief, counsel may present and serve it at least two days before the pretrial conference, and it should state the case theory, issues, and supporting authorities.
If required by the scheduling order, at least two (2) days before the pretrial conference of any cause, counsel may present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the laws of the case and in support of the introduction of evidence proposed to be offered.
Page 18 | Rule 9 - Trial Briefs
Charging documents should be submitted as soon as possible after the Order Granting Leave to Information is filed.
The Information or other charging documents shall be submitted as soon as possible following the filing of the Order Granting Leave to Information.
Page 23 | C. Arraignment
The Order Setting Trial will set an initial discovery deadline.
An initial discovery deadline will be set in the Order Setting Trial.
Page 24 | D. Omnibus Hearing
The Order Setting Trial will set the deadline for omnibus disclosures.
A deadline for omnibus disclosures will be set in the Order Setting Trial.
Page 24 | D. Omnibus Hearing
The Clerk of Court may refuse to file a petition or responsive documents if the sensitive case form is not submitted.
If a sensitive case form is not submitted, the Clerk of Court may refuse to file the petition or responsive documents.
Page 28 | F. Sensitive Case Form
If an appellant’s brief is not timely filed, the Court may dispose of the appeal as the ends of justice dictate, including by dismissing it.
If the Appellant’s brief is not timely filed, the appeal is subject to the Court disposing of the matter as the ends of justice dictate, including issuance of an order dismissing the appeal.
Page 32 | Rule 20 - Appeals from Justice Court or City Court
After a court-directed document is returned as undeliverable, the attorney or self-represented party must provide a written current address for service within 60 days to avoid possible dismissal without prejudice.
The Court may dismiss a matter without prejudice if a document directed to the attorney or self-represented party by the Court or the Clerk of Court has been returned as not deliverable and the Court or Clerk of Court fails to receive within sixty (60) days of this return a written communication from the attorney or self-represented party indicating a current address for service.
Page 34
If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.
If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.
Page 34
Service and Proof of Service Rules
All documents offered for filing except complaints must include complete documentation of service, and noncompliant documents may not be considered and may be rejected and returned.
Proper documentation demonstrating service has been made must accompany all documents offered for filing other than a complaint. The Court will not consider any documents requiring a certificate of service that do not have a complete certificate of service attached. The Clerk of Court may reject and return all documents that are not in compliance without further order of the Court.
Page 13 | Certificate of Service
If the original is not served on the same day as the facsimile or electronic transmission, the facsimile or electronic document must be served under Rule 5, M. R. Civ. P.
If the original is not served on the same day as the facsimile or electronic transmission, service of the facsimile or electronic document must be made as provided in Rule 5, M. R. Civ. P.
Page 15 | E(1)
Proposed jury instructions must be served upon opposing counsel.
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Page 16 | Rule 7 - Pre-Trial and Trial, A
Exhibits must be exchanged before trial.
Exhibits are to be appropriately marked and exchanged prior to trial, with Plaintiff/Petitioner using numbers and Defendant/Respondent using letters—unless directed otherwise by the Court.
Page 17 | Pre-Trial Conference
The State and defendant must exchange discovery as required by the cited statutes and other applicable law.
The State and Defendant shall exchange discovery as required by Mont. Code Ann. §§ 46-15-322 and 323 and other applicable law.
Page 24 | D. Omnibus Hearing
The defendant must make the disclosure required by the cited statute unless a motion seeking protection is filed.
The Defendant shall make disclosure under Mont. Code Ann. § 46-15-323, unless a motion is filed seeking protection.
Page 24 | D. Omnibus Hearing
Unless a motion seeking protection is filed, the prosecution must make the statutory disclosure or seek an extension as permitted by law.
Unless a motion is filed seeking protection, the prosecution shall make disclosure under Mont. Code Ann. § 46-15-322, or seek extension as allowed thereunder.
Page 24 | D. Omnibus Hearing
The petitioning party must serve a copy of the petition on the opposing party and every agency maintaining the information.
A copy of any petition for the release of confidential criminal justice information under Mont. Code Ann. § 44-5-303, shall be served by the petitioning party upon the opposing party and each agency maintaining such information.
Page 26 | Rule 14 - Confidential Criminal Justice Information; A
Before seeking leave to withdraw, counsel must serve notice on the client and other parties or opposing counsel.
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 30 | Rule 17 - Substitution and Withdrawal of Counsel.
If a scheduling order requires a trial brief, counsel may serve it on opposing counsel at least two days before the pretrial conference.
If required by the scheduling order, at least two (2) days before the pretrial conference of any cause, counsel may present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the laws of the case and in support of the introduction of evidence proposed to be offered.
Page 18 | Rule 9 - Trial Briefs
Discovery shall be accomplished as soon as reasonably practical and should be substantially completed one week prior to the omnibus disclosure deadline.
Discovery shall be accomplished as soon as reasonably practical and should be substantially completed one week prior to the omnibus disclosure deadline.
Page 24 | D. Omnibus Hearing
Counsel may hand-deliver disclosures if they also provide a copy to opposing counsel.
Counsel is permitted to hand deliver their disclosures so long as they also provide a copy to opposing counsel.
Page 24 | D. Omnibus Hearing
Filing Fees and Waivers
Using facsimile or electronic equipment does not change or delay required fees and costs, which must be paid at filing or accompany the filing unless prior arrangements are made with the Clerk.
The use of facsimile or electronic equipment shall not change or delay the required payment of fees. Required filing fees and/or costs shall be paid at the time of filing via the e-filing payment system or if otherwise filed shall accompany the filing, unless prior arrangements have been made with the Clerk of Court.
Page 15 | F. Fees and Costs
Copying costs for dissemination must be paid in advance to the requested agency.
Dissemination shall be subject to copying costs paid in advance to the requested agency.
Page 26 | Rule 14 - Confidential Criminal Justice Information; A
The Court may, in its discretion, impose settlement judge, mediator, or master fees on the parties.
Fees charged by a settlement judge/mediator/master may be imposed upon parties at the discretion of the Court.
Page 30 | H. Fees.
Courtesy Copy Requirements
A courtesy copy of emergency filings submitted by fax or email must be emailed to the Court Administrator.
A courtesy copy of such filings must be emailed to the Court Administrator.
Page 4 | Rule 1 - Law and Motion
Courtesy copies of correctly e-filed proposed orders are optional and welcome; any courtesy copies must be emailed to the Court Administrator.
Courtesy copies of proposed orders that have been correctly submitted via e-filing are not required but are welcome. Courtesy copies shall be emailed to the Court Administrator.
Page 14 | Rule 5 - Manner of Filing
Sealing & Redaction Procedures
The filer must review each exhibit and redact sensitive, confidential, or private information under Rule 5.2 or seek a court order to seal the exhibit.
(ii) The filer must review each exhibit and redact any sensitive, confidential, or private information in accordance with Rule 5.2, M. R. Civ. P., or seek an order from the Court to seal the exhibit.
Page 11 | Rule 1 - Law and Motion
Presentence Investigation Reports, Psychological Reports, and Sensitive Case Forms must be filed under seal.
The followings items must be filed under seal: (i) Presentence Investigation Reports, (ii) Psychological Reports, and (iii) Sensitive Case Forms.
Page 13 | Sealed Items
Unless the Court grants leave or the law provides otherwise, sealed documents may be accessed only by the parties, counsel of record, and court staff.
Absent leave of the Court, documents that are sealed may only be accessed by the parties, counsel of record, and court staff, unless otherwise provided for by law.
Page 13 | Sealed Items
The sensitive case form must be filed under seal and may be accessed only by the Court, counsel, and the parties.
The sensitive case form will be filed under seal and only accessible by the Court, counsel, and the parties.
Page 28 | F. Sensitive Case Form
Counsel and self-represented litigants are encouraged to redact full birth dates, minors’ full names, Social Security numbers, and full financial account information, using minors’ initials and birth year unless the information is specifically necessary in the record.
Any document which includes an individual’s full date of birth, minor child’s full name, social security number, or financial information such as a full checking account number, (i) Counsel and pro se litigants are encouraged to redact such information, utilize the initials of minor child’s names, and the year of birth unless specifically necessary to be in the record.
Page 13 | Sealed Items
The Court may deny a request to seal sensitive settlement information when disclosure is in the public interest.
The Court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 30 | K. Sealing Confidential Information.
Filing Bundling Requirements
An overlength brief may not be filed at the same time as the motion seeking leave to file it.
(1) Parties shall not file an overlength brief simultaneously with the motion seeking leave to file it.
Page 11 | Rule 1 - Law and Motion
Pre-Motion Conference Requirements
Before submitting a motion, the moving party must contact the other parties concerning it.
In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.
Page 12 | Rule 1 - Law and Motion
When 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.
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 12 | Rule 1 - Law and Motion
Unless the Court has been informed that the adverse party does not oppose the motion, or the adverse party opposes the relief but does 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.
Unless the Court has been informed that the adverse party does not oppose the motion, or the adverse party opposes the relief but does 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.
Page 12 | Rule 1 - Law and Motion
A motion is deemed opposed if the contacted party has not replied, and the Court will not rule until the response period expires or opposing counsel files a notice of no objection.
Statements that the other party has been contacted but have not yet replied will automatically be deemed as an opposed motion and will not be ruled on until the response time has expired, or opposing counsel has filed a notice of no objection.
Page 12 | Rule 1 - Law and Motion
The parties must hold an informal discovery conference before filing a motion to compel discovery.
the parties must hold an informal discovery conference prior to filing a motion to compel discovery.
Page 19
Adjournment & Extension Requirements
Ex parte requests to continue a matter set by court order for Law and Motion must comply with MUDCR 3.
Ex parte requests to continue any matter set by Court order for Law and Motion, must comply with MUDCR 3.
Page 3 | Rule 1 - Law and Motion
A continuance may be granted only by motion and only if it does not inconvenience the Court’s trial calendar.
Continuances are granted by motion only, if such continuance does not inconvenience the court in the progress of the trial calendar.
Page 4 | Rule 1 - Law and Motion
A motion to reset a hearing or trial must state dates of availability and/or the requested length of the continuance.
All motions to reset a hearing or trial must include information regarding dates of availability and/or the length of continuance requested (i.e. 45-60 days) in order to avoid multiple continuances.
Page 4 | Rule 1 - Law and Motion
A motion to extend a deadline must state opposing counsel's position on the request.
Motions to extend deadlines must include a statement regarding opposing counsel's position on the request.
Page 5 | Rule 2 - Scheduling Procedure and Case Management.
A trial continuance must be requested by written motion stating specific reasons and whether the other parties oppose it; the Court retains discretion to grant or deny the request.
Requests to continue trial must be by written motion setting forth specific reasons and a statement indicating whether the other parties oppose the continuance. The Court reserves discretion whether to grant or deny the request.
Page 6 | Rule 2 - Scheduling Procedure and Case Management.
Continuances, including stipulated continuances, are not routinely granted, and parties are discouraged from seeking them absent extraordinary circumstances and good cause; requests not filed at least one day before the hearing must be made verbally at the scheduled hearing time.
Continuances of any nature, even when stipulated to by counsel, will not routinely be granted and the parties are discouraged, absent extraordinary circumstances and good cause shown, from seeking a continuance. Requests for continuance which are not filed at least one day prior to the hearing must be made verbally at the scheduled time for the hearing.
Page 4 | Rule 1 - Law and Motion
The parties should be prepared for continuances resulting from statutory priority.
Therefore, the parties in all matters should be prepared for continuances attributable to statutory priority.
Page 16 | Rule 6 – Jury Term and Trial Settings, B
If another trial preempts a trial setting, the Court will reset the trial and, whenever possible, schedule it within the next 30 days.
If preempted by another trial, the Court will reset the trial; and whenever possible reset for a trial setting within the next thirty (30) days.
Page 16 | Rule 6 – Jury Term and Trial Settings, B
The Court may refuse to vacate a trial setting because of a plea agreement until the defendant has appeared and entered a plea the Court finds acceptable.
Effect on Trial Setting. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after Defendant has appeared and entered a plea found acceptable to the Court.
Page 25 | E. Plea Agreement/Plea Discussions; (3) Effect on Trial Setting
Chambers Communication Rules
Counsel must notify the Court in writing when a matter becomes contested.
Counsel is required to notify the Court in writing if a matter has become contested.
Page 2 | Rule 1 - Law and Motion
Parties intending to use special equipment must make arrangements with the Court Administrator at least five business days before trial.
If the parties intend to use any special equipment the parties must make the appropriate arrangements at least five (5) business days prior to the date of the trial with the Court Administrator.
Page 18 | Rule 8 - Voir Dire—Opening Statements—Closing Arguments
A party or counsel permitted to appear by Zoom must provide court personnel with a telephone number where they can be reached about delays or connection issues.
(11) Any party or counsel that have been permitted to appear by Zoom either via these rules or court order must provide the Court Administrator, and/or other Court personnel with a telephone number at which they may be reached in case of delay or issues with the connection.
Page 21
Communication with the Judge will go through the Court Administrator or the Law Clerk (e.g. visit, email, or phone call).
Communication with the Judge will go through the Court Administrator or the Law Clerk (e.g. visit, email, or phone call).
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Direct emails or phone calls to the Judge are prohibited, except when responding to an email or call initiated by the Judge.
Direct emails or phone calls to the Judge are prohibited unless you are responding to the Judge who emailed or called you directly.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Substantive ex parte discussions about pending or anticipated cases are prohibited unless all opposing parties are present or notified, or they have given prior approval or stipulated.
There will be no ex parte discussion with the Court of substantive issues involving pending or anticipated cases, without the presence of, or notice to, all opposing parties, or without prior approval or stipulation of opposing parties.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
The Court will not engage in ex parte conversations or review ex parte documents; such documents will be returned to the sender or forwarded to counsel of record.
The Court will not engage in conversation of an ex parte nature or review any ex parte documents, such as letters, and the document will be returned to the sender and/or forwarded to all counsel of record.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
The prohibition on ex parte contact with the Judge also applies to the Clerk of Court’s Office and the Judge’s staff.
The same prohibition against ex parte contact with the Judge, applies to the Clerk of Court’s Office and the Judge’s staff.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Transcript requests must be directed to the Tenth District Court Reporter, Deidre Taber, at dtaber@mt.gov.
All requests for transcripts must be made directly to the Tenth District Court Reporter, Deidre Taber, at dtaber@mt.gov.
Page 6 | Rule 3 - Record of Court Proceedings and Court Security.
The Court Administrator monitors scheduling-order deadlines, and failure to respond diligently to monitoring inquiries may result in sanctions, including removal from the trial calendar or loss of trial priority.
The Court Administrator will monitor deadlines established by Scheduling Order(s). Failure to diligently respond to monitoring inquiries may result in sanctions, including removal from the trial calendar or loss of trial priority status.
Page 6 | Rule 2 - Scheduling Procedure and Case Management.
Broadcasting, recording, or photography in or near the courtroom during court sessions or recesses requires the presiding judge’s prior written permission, and written requests must be made through the Clerk of Court’s Office.
Broadcasting, television, video or voice recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of Court, or recesses between sessions, shall be allowed only by prior written permission of the presiding judge. Written requests shall be made through the Clerk of Court’s Office.
Page 8 | C. Photography and Media
A party who believes a potentially violent situation might arise must notify the Court Administrator sufficiently in advance of the hearing for security measures to be arranged.
In any type of case where a party, whether counsel or pro se, believes that a potentially violent situation might arise, they shall notify the Court Administrator sufficiently in advance of the hearing so that appropriate security measures can be taken.
Page 8 | D. Court Security
A party intending to appear by Zoom must notify the Court Administrator or other Court personnel before the hearing.
A party intending to appear by Zoom must notify the Court Administrator or other Court personnel prior to the Hearing.
Page 20 | Rule 11 - Telephonic or Video Testimony & Appearances
A violation of the ex parte communication rule may result in sanctions against the offending party or attorney.
A violation of this rule may result in imposition of sanctions against the offending party or attorney.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Court staff may not provide legal advice.
Court staff may not offer legal advice.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Counsel may present an emergency or request relief from these rules to the Court for consideration.
If counsel have an emergency which is not covered adequately by these rules, or need relief from the application of them, counsel may present such matters to the Court for its consideration.
Page 1 | Preface
Court staff may provide pro se litigants general assistance to facilitate compliance with the rules.
This does not prohibit general assistance by the Court Staff to pro se litigants to facilitate compliance with these rules.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Counsel may apply to the Court for consideration of a situation inadequately covered by the rules or for relief from their application.
If counsel believe in good faith they have a situation which is not covered adequately by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the Court for its consideration.
Page 35 | Rule 25 - Amendment Relief, B. Relief
Legal research tools and materials may be requested in writing when required by statute or case law, subject to the presiding judge’s approval.
When required by statute and/or case law, legal research tools and materials will be made available upon written request of the individual or entity and approval by the presiding judge.
Page 35 | Rule 24 - Miscellaneous, C. The Law Library