Fergus County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Annual accounting

Conservatorship matters require an annual accounting unless the Court waives it by order.

In conservatorship matters an annual accounting is required unless waived by Court Order.

CRITICAL

Applies to

Sealed document

Anyone filing a document under seal certifies that sealing is appropriate to the best of their knowledge, information, or belief.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a conforming proposed order filed as a separate document, whether or not the motion is contested.

Proposed orders (uncontested or otherwise) shall accompany the motion as a separate document and must conform as set forth above.

CRITICAL

Applies to

Deadline extension request

Must include

proposed order

A request to extend a deadline must include a proposed order stating the proposed new deadlines.

The request must be accompanied by a proposed order containing proposed new deadlines.

CRITICAL

Applies to

Proposed order

The traditional signature block on a proposed order must be replaced with “ELECTRONICALLY SIGNED AND DATED BELOW.”

The traditional signature block shall be replaced with: ELECTRONICALLY SIGNED AND DATED BELOW.”

CRITICAL

Applies to

Court order

All orders shall contain provisions requiring conservators to file an annual accounting.

All orders shall contain provisions requiring conservators to file an annual accounting.

CRITICAL

Applies to

Settlement documents

Settlement documents must be prepared and filed within 30 days.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must furnish written proposed findings addressing the clear-and-convincing-evidence basis for the variance.

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.

CRITICAL

Applies to

Written plea agreement

Plea agreements under the statute must be written, signed by counsel and the defendant, and filed with the Clerk of 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.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be promptly reduced to writing.

Any agreement reached in mediation shall be promptly reduced to writing

CRITICAL

Applies to

Papers presented for filing

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.

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.

CRITICAL

Applies to

Motion and affidavit for leave to file information

The County Attorney must state in the Motion and Affidavit for Leave to File Information whether OPD has been appointed or defense counsel was assigned in a lower-court proceeding.

(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.

CRITICAL

Applies to

Notice of appearance

Defense counsel must immediately file a notice of appearance upon assignment or reassignment.

(2) Defense counsel shall immediately file a notice of appearance upon assignment or reassignment.

CRITICAL

Applies to

Clean jury instructions

Clean jury instructions must be filed using the “Proposed Document” filing type and “Jury Instructions Proposed” subtype.

Clean jury instructions are to be filed under the filing type “Proposed Document” and the filing subtype “Jury Instructions Proposed”.

WARNING

Applies to

Uncontested matter submission

For uncontested matters, findings of fact, conclusions of law, and a proposed order should be filed with the Clerk at least 48 hours before the hearing, unless that is not reasonable.

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.

WARNING

Applies to

Acknowledgement of rights

The defendant should use best efforts to review and file an Acknowledgement of Rights before or at the initial appearance or arraignment.

Defendant shall use his/her best efforts to review and file with the Court an Acknowledgement of Rights prior to or at the initial appearance/arraignment.

WARNING

Applies to

Faxed emailed or e filed documents

Originals need not be sent to the Clerk for documents that are faxed, emailed, or e-filed, except for original wills.

If documents (exclusive of original wills) are faxed, emailed, or e-filed the originals need not be sent to the Clerk of Court.

WARNING

Applies to

Motion

A party moving over temporary custody or an interim parenting plan must indicate whether a hearing is necessary.

In the event of a dispute as to the appropriate temporary custodial parent or interim parenting plan, either party may file an appropriate motion and indicate whether a hearing is necessary.

WARNING

Applies to

Proposed order

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.

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.

WARNING

Applies to

Pre sentence investigation report

When preparing a PSI, the probation officer or PSI writer must make a reasonable effort to contact victims, inform them of their right to attend and testify at sentencing, and seek a written statement for attachment to the PSI.

In preparing a PSI, the probation officer/PSI writer shall make reasonable effort to contact any victim(s) and inform them of a right to be present and give testimony at the sentencing hearing and seek a written statement to be attached to the PSI.

WARNING

Applies to

Emergency filing

To bring a filing to the Court’s attention right away, the filer should check the “emergency filing” box in e-filing.

If a filing needs to be brought to the attention of the Court right away check the “emergency filing” box in e-filing.

WARNING

Applies to

Status report

When the Court requires a status report, the parties must file it within the allotted time or the Court may dismiss the matter or issue further orders.

If status reports are required and the parties do not file a status report within the allotted time frame the Court may dismiss the matter or issue further appropriate orders.

WARNING

Applies to

Trial brief

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.

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.

WARNING

Applies to

Brief attachments

A party may not attach an entire deposition or interrogatory response set when the brief refers to only part of that discovery.

(i) Parties may not attach an entire deposition or set of responses to interrogatories when only a portion of the discovery is referenced to in a brief.

WARNING

Applies to

Exhibits

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

WARNING

Applies to

Notice of noncompliance

Notices of noncompliance with the PSI process should not be filed with the Court; they should be directed to the County Attorney for review and appropriate action.

Notices of Noncompliance with the PSI process should not be filed with the Court but directed to the County Attorney for them to review and take appropriate action.