Flathead County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
Briefs filed in support of motions shall not exceed 25 pages in length, exclusive of indexes and appendixes, without prior leave of the Court
- Supporting brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements1 rule
Parties and counsel are directed to file these documents separately from related pleadings they are filed in support of.
Document Filing Requirements4 rules
Routine or unopposed motions must be accompanied by a proposed order, with sufficient copies and addressed and stamped envelopes for service.
- Document
- Routine or unopposed motion
Must include
- •Proposed order
All motions must certify whether the opposing counsel or party objects to the motion.
An attorney or firm must file a Notice of Appearance before participating in a case, unless appearing on behalf of an attorney of record.
Court's wording
Unless appearing on behalf of one of the attorneys of record, no attorney or firm may participate in any proceedings in the case until the attorney or firm has filed a Notice of Appearance on behalf of one of the parties to the case.
A Notice of Issue must describe the matter under advisement and state the date it was taken under advisement.
Court's wording
In the event a Judge has under advisement any matter for more than sixty days, each party affected thereby may file with the Clerk of Court a Notice of Issue particularly describing the matter under advisement, and stating the date the matter was taken under advisement.
Filing & Service rules
Filing Timing and Cure Windows
The appealing party must file a written brief within 15 days after the record is filed.
C. Within 15 days after the date on which the record is filed, the appealing party shall file a written brief.
Page 5 | RULE 9: Small Claims Court Appeals
The appealing party may file a reply brief within 10 days after the answer brief is filed and served, with no additional time if it is served by mail.
E. The appealing party may file a reply brief within 10 days after the filing and service of the answer brief. There is no additional time allowed for filing the reply brief if the answer brief is served by mail.
Page 5 | RULE 9: Small Claims Court Appeals
The other party must file an answer brief within 15 days after the appealing party's brief is filed and served.
Within 15 days after the filing and service of appealing party's brief, the other party(ies) shall file an answer brief.
Page 5 | RULE 9: Small Claims Court Appeals
If the appealing party's brief is served by mail, the other party receives an additional 3 days to file and serve a brief.
If the appealing party's brief is served by mail, the other partyies) shall have an additional 3 days to file and serve a brief.
Page 5 | RULE 9: Small Claims Court Appeals
The Justice Court must forward the certified record to the District Court Clerk within 30 days after the notice of appeal is filed.
Within 30 days after the filing of the notice of appeal, the Justice Court shall forward the electronic recording or transcript of the proceedings to the Clerk of the District Court, together with the original papers filed, certified by the Justice Court to be accurate and complete.
Page 5 | RULE 9: Small Claims Court Appeals
If a matter has been under advisement for more than 60 days, an affected party may file a Notice of Issue with the Clerk describing the matter and stating when it was taken under advisement.
In the event a Judge has under advisement any matter for more than sixty days, each party affected thereby may file with the Clerk of Court a Notice of Issue particularly describing the matter under advisement, and stating the date the matter was taken under advisement.
Page 2 | C. Reminders to Court
Sealing & Redaction Procedures
Records and files in dependent/neglect and adoption actions may not be accessed or removed without a court order.
The records and files in dependent/neglect and adoption actions shall not be withdrawn, examined, or inspected by anyone except upon order of the Court.
Page 3 | RULE 4: Court Records
Specified documents in domestic relations cases must be filed under seal and remain restricted to the parties and authorized court personnel, unless the court orders them unsealed after a proper motion.
The Clerk of Court is directed to file under seal the following documents in all domestic relations (DR) cases: (1) Reports and Recommendation from Family Court Services; (2) Medical records, chemical dependency evaluations, sex offender evaluation, and psychiatric or mental health evaluations, including therapist case notes; (3) Financial affidavits and child support worksheets; All financial documents, including W-2s, pay stubs and tax returns; and (5) Confidential Disclosure Statements and Sensitive Data Forms. Parties and counsel are directed to file these documents separately from related pleadings they are filed in support of. The sealing of these documents ensures that only the parties and authorized personnel of the District Court will have access to them, and that the privacy rights of the parties as to these documents will be protected. However, there may be circumstances under which the public's right to know will outweigh the parties' right to privacy. In those cases, the documents will be unsealed after proper motion and order of the District Court.
Page 4 | RULE 8: Domestic Relations Matters
Chambers Communication Rules
A party must inform the District Court Clerk of their mailing address if it was not provided to the Justice Court.
Each party shall inform the Clerk of the District Court of that party's mailing address if the information has not been provided to the Justice Court.
Page 5 | RULE 9: Small Claims Court Appeals
After filing, the Notice of Issue must be brought to the presiding Judge’s attention.
Such Notice of Issue must then be brought to the attention of the presiding Judge.
Page 2 | C. Reminders to Court
The Court may refuse communications from counsel or parties that do not indicate copies were sent to opposing counsel or parties.
The Court may refuse all communication from counsel or parties, which do not indicate copies have been sent to the opposing counsel or parties.
Page 2 | B. Communications
Anyone wishing to record a court proceeding must coordinate with the District Court Administrator beforehand to minimize disruption.
Any individual or entity wishing to video, photograph, or otherwise record a court proceeding must coordinate with the District Court Administrator in advance of the proceeding to minimize any disruption.
Page 5 | RULE 10: Media Guidelines