Fergus County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Sourced proposed jury instructions

A sourced set of proposed instructions must identify the requesting party, use consecutive numbering, cite its source, and include supporting legal authority when applicable.

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.

CRITICAL

Applies to

Child support modification petition

If the requesting party has that knowledge, the Petitioner must immediately notify CSSD in writing of the pending action and file proof of the notice with the Clerk of 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.

CRITICAL

Applies to

Parenting case notice

Each parenting case must include the Petitioner's notice of CSSD status and case number or the most recent CSSD order.

All parenting cases shall include a notice by the Petitioner of the status and case number for CSSD or the most recent CSSD order.

CRITICAL

Applies to

Clean jury instructions

Clean jury instructions must be e-filed without citations.

A set of “clean” jury instructions shall also be e-filed in .doc or .docx format that does not contain the citations.

CRITICAL

Applies to

Alford or nolo contendere plea

Counsel proffering an Alford or nolo contendere plea must present a factual basis showing good reason for the Court to accept it.

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).

CRITICAL

Applies to

Ex parte parenting motion

Ex parte motions regarding parenting must comply with Mont. Code Ann. § 40-4-220(2).

Any ex parte motions regarding parenting must conform to Mont. Code Ann. § 40-4-220(2).

CRITICAL

Applies to

Notice of settlement

If a case settles before the trial date, the parties must promptly file a notice of settlement.

If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.

CRITICAL

Applies to

Proposed jury instructions and verdict forms

Proposed jury instructions and verdict forms must be filed according to Rule 4.

Proposed jury instructions and verdict forms shall be filed according to the requirements of Rule 4.

CRITICAL

Applies to

Cssd order

The parties must file the CSSD order with the Court.

The parties must file the CSSD order with the Court.

CRITICAL

Applies to

Proposed verdict form

Proposed verdict forms must be filed with the Court in the same manner as jury instructions.

Proposed verdict forms must be filed with the Court in the same manner as jury instructions.

CRITICAL

Applies to

Notice of issue

The moving party must file a notice of issue after all motions are fully briefed.

The moving party is required to file a notice of issue after all motions have been fully briefed.

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement summarizing its case and describing the strengths and weaknesses on each side.

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.

CRITICAL

Applies to

Motion for leave to amend or supplement

A motion for leave to amend or supplement a pleading must attach the proposed pleading as an exhibit.

When a party moves for leave to amend or supplement a pleading, the proposed pleading must be attached to the motion as an exhibit.

CRITICAL

Applies to

Bankruptcy discharge or plan confirmation notice

Notice must be filed when a bankruptcy discharge or confirmation of a plan supersedes a claim in this Court; after filing, a party may request dismissal of the claim.

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

CRITICAL

Applies to

Pre sentence investigation report

Unless effectively waived by the defendant, a PSI must be completed and its original filed with the Court.

Unless effectively waived by a Defendant, a Presence Investigation Report (PSI) shall be completed and the original filed with the Court.

CRITICAL

Applies to

Withdrawal

Counsel may withdraw only with the client's consent or leave of Court after serving 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.

CRITICAL

Applies to

Emergency filing

For an emergency filing submitted by fax or email, the filer must identify it as an emergency on the cover sheet or in the email subject line.

If filing by fax or email, note the filing is an emergency in the cover sheet or subject line of the email.

CRITICAL

Applies to

Notice of substitution

When counsel changes, the outgoing attorney must file a notice of substitution signed by the incoming and outgoing attorneys and the client.

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.

CRITICAL

Applies to

Parenting class certificate of completion

When parents complete a court-ordered parenting class, they must file a certificate of completion with the Court.

In such cases, when the class is complete, the parents must file a certificate of completion with the Court.

CRITICAL

Applies to

Bankruptcy filing notice

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.

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.

CRITICAL

Applies to

Proposed jury instructions

Counsel must ensure proposed jury instructions correctly state party names and gender and use singular or plural forms appropriately.

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.

CRITICAL

Applies to

Lower court notice and transfer motion

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.

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.

CRITICAL

Applies to

Motion or notice to withdraw

A withdrawal motion or notice must include the parties’ updated telephone number and mailing or physical address before the Court will consider it or update the service matrix.

Further, counsel that desires to withdraw shall include in their Motion/Notice the parties updated contact information, including telephone number and mailing/physical address, before the Court will consider the Motion or direct the Clerk of Court’s Office to update the case service matrix

CRITICAL

Applies to

Certification of compliance

Must include

word count

A filing using the 6,500-word alternative must be accompanied by a certification stating the word count and document line spacing; the source ends before completing the certification requirements.

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:

CRITICAL

Applies to

Proposed order

Each proposed order must be submitted as a separate “Proposed Document” and must not include a footer or signature block for the Judge’s signature.

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.

CRITICALCivil cases

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.

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.

CRITICAL

Applies to

Sensitive case form

When filing a petition for dissolution, invalidity of marriage, legal separation, or parenting plan, the Petitioner or Co-Petitioners must file a sensitive case form containing the parties' and minor children's full names, full dates of birth, and Social Security numbers.

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.

CRITICAL

Applies to

Reopening document

To reopen a case closed for lack of prosecution, a party must file an appropriate document and show good cause before judicial action will be taken.

Cases which have been closed for lack of prosecution shall only be reopened by filing an appropriate document. No judicial action will be taken in the case or part thereof unless good cause is shown.

CRITICAL

Applies to

Pleading

A pleading that incorporates a jury-trial demand must indicate the demand in both its title and body.

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.

CRITICAL

Applies to

Stipulation

Stipulations and agreements between parties or their attorneys must be made on the record and reduced to writing.

A. Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.

CRITICAL

Applies to

Joint notice

Unless the scheduling order's last deadline is a conference or trial date, it must require the parties to file a joint notice stating whether the matter is ready for trial or further scheduling.

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.

CRITICAL

Applies to

Omnibus memorandum and order

If the defendant waives a formal omnibus hearing, the prosecution and defense must each complete their portions of the Omnibus Memorandum and Order.

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.

CRITICAL

Applies to

Ex parte motion

An ex parte motion in a family law or guardianship/conservatorship matter must demonstrate clear and convincing evidence of imminent physical or mental harm to be considered.

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.

CRITICAL

Applies to

Motion for leave to file information

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order.

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.

CRITICAL

Applies to

Written status report

Upon execution of a mediation agreement, the parties must file a written status report with the Court.

upon execution by parties, a written status report shall be filed with the Court.

CRITICAL

Applies to

Zoom appearance motion

Counsel may appear by Zoom for a defendant entering a guilty plea or being sentenced only if an appropriate motion includes the client’s consent.

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.

CRITICAL

Applies to

Motion

If a party objects, the motion must state whether the objecting party will file a written objection.

In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.

CRITICALCivil cases

Applies to

Certificate of completion

The Certificate of Completion must be filed with the Clerk of District Court.

The Certificate of Completion must be filed with the Clerk of District Court.

CRITICAL

Applies to

Motion

If the detention facility cannot accommodate the hearing, counsel must identify available dates and times and provide them to the Court in an appropriate motion.

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.

CRITICAL

Applies to

Sworn petition for temporary order of protection

A sworn petition for a temporary order of protection will be automatically denied unless the specified District Court action has been filed, except in extenuating circumstances such as the lower-court Judge's absence.

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.

CRITICAL

Applies to

Proposed arrest warrant

Each proposed arrest warrant must include a proposed bond and conditions.

All proposed arrest warrants shall include proposed bond and conditions.

CRITICAL

Applies to

Motion for leave to file overlength brief

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.

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.

CRITICAL

Applies to

Motion

Each motion must include a prefatory statement certifying that the other parties were contacted and stating whether they object.

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.

CRITICAL

Applies to

Attachment

Attachments may be filed only once; later use must refer to the document name, filing date, and docket number.

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.

CRITICAL

Applies to

Status report

An estate status report must state the estimated time remaining to close the estate.

Such Status Report shall include the estimated time remaining to close the Estate.

CRITICAL

Applies to

Sourced jury instructions

Sourced jury instructions must be filed using the “Notice” filing type and subtype.

Sourced jury instructions are to be filed under the filing type “Notice” and filing subtype “Notice”.

CRITICAL

Applies to

Motion to postpone trial

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.

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.

CRITICAL

Applies to

Child support modification petition

A petition commencing child-support modification proceedings must state whether the requesting party knows that the child or children receive or have applied for public assistance.

Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance,

CRITICAL

Applies to

Sensitive case form

If the Petitioner does not know any required information, the Petitioner must indicate that on the form, and the Respondent must file a sensitive case form supplying information that was incorrect or unknown to the Petitioner.

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.

CRITICAL

Applies to

Motion or other documentation

A matter will not be scheduled for hearing until the motion or other documentation and all relevant supporting documents have been filed with the Clerk.

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.