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

CRITICAL

Applies to

Document offered for filing

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of withdrawal

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Exhibits

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.

WARNING

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.

WARNING

Applies to

Trial brief

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.

WARNING

Service

Personal service to opposing party

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.