Fergus County District Court, Montana Electronic Filing Rules

CRITICAL

Applies to

Omnibus memorandum and order

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.

CRITICAL

Applies to

Proposed document

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.

CRITICAL

Applies to

Proposed order

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;

CRITICAL

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.

CRITICAL

Applies to

Clean proposed jury instructions and verdict form

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.

CRITICAL

Applies to

Proposed 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.

CRITICAL

Applies to

Civil order judgment or decree

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.

WARNING

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.

WARNING

Applies to

Proposed order

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.