Gallatin County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Motions to continue or for extensions must be written and state the opposing parties’ position; omission may subject the motion to Rule 2, and the court may rule before a response is filed depending on the circumstances.
- Filing and scheduling deadlines are strictly enforced unless a written motion for an extension is received and approved.
Request must include
Page & Word Limits1 rule
Pleadings/briefs in all cases, except initial pleadings and except where otherwise limited in any statute or rule, shall be limited to 20 pages, not including attachments. This page limit includes the statement of undisputed facts in a motion for summary judgment. Additional pages may be filed only with leave of the court upon a showing of good cause.
- Pleading or brief
- Up to 20 pages
Excluded from page count
- •Attachments
Document Format Requirements5 rules
Trial or hearing exhibits must be marked by the clerk; plaintiff/petitioner exhibits use numbers and defendant/respondent exhibits use letters.
- Exhibits
Formatting
- •Plaintiff/Petitioner's exhibits must be marked with numbers
- •Defendant/Respondent's exhibits must be marked with letters
Court's wording
If an exhibit is presented during trial/hearing, the attorney/party shall have the exhibit properly marked by the clerk. Plaintiff/Petitioner's exhibits shall be marked with numbers. Defendant/Respondent's exhibits shall be marked with letters.
Copies must be sent to the judge’s law clerk by email in editable, non-read-only Word format, unless the final Pretrial Order specifies another procedure.
Court's wording
Copies of the Proposed Findings of Fact and Conclusions of Law shall be provided to the judge's law clerk by e-mail in Word format that can be modified and is not "read only," or in accordance with the procedure set forth by the judge in the final Pretrial Order.
Every specific reference to a statement from a cited case shall contain a pinpoint citation.
Pursuant to the various orders of the Montana Supreme Court (see, e.g. Order issued on February 25, 2010), the Montana Supreme Court cases issued before 1998 shall have the Montana Reports and Pacific Reporter citations and be in the following form:
Citations to Montana Supreme Court cases issued after 1998 must follow the cited opinion-form and citation standards and the specified form.
Court's wording
For citations to Montana Supreme Court cases issued after 1998, the Matter of Opinion Forms and Citation Standards 54 St. Rep. 1357 (1997) and Montana Supreme Court Order AF-07-0664 (Jan. 22, 2009) shall apply. The citations shall be in the following form:
Document Filing Requirements14 rules
Uncontested motions shall include a proposed order.
- Document
- Uncontested motion
Must include
- •Proposed order
Uncontested motions shall state in the caption and in the motion that opposing attorney/party does not contest the motion. Uncontested motions shall include a proposed order. If an uncontested motion does not state that it is uncontested, it will be treated as a contested motion and will be subject to Rule 2, Montana Uniform District Court Rules.
If a trial or hearing exhibit is a document, copies must be provided to the judge and opposing attorney or party.
Court's wording
If an exhibit is presented during trial/hearing, the attorney/party shall have the exhibit properly marked by the clerk. If the exhibit is a document, the attorney/party shall provide copies of the document to the judge and to the opposing attorney/party.
A substitute attorney may be allowed to represent a party at a final pretrial conference only after written approval of the court upon a showing of good cause after written motion. The motion shall state the knowledge that the substitute attorney has about the case.
The Proposed Findings of Fact and Conclusions of Law shall be clearly delineated as "Proposed."
- Document
- Proposed findings conclusions
Must include
- •Proposed
The parties in civil cases and the prosecution in criminal cases shall file Proposed Findings of Fact and Conclusions of Law with sufficient detail with the Clerk of the District Court as provided in this Rule or Rule 8, Montana Uniform District Court Rules.
A discovery-motion movant must certify a good-faith effort to confer; failure to certify or confer may result in sanctions.
- Document
- Discovery motion
Include
- •Certificate of conference
Court's wording
a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute or to secure the disclosure or discovery without court action. Failure to include the certification or failure to make a good faith effort to confer may result in sanctions as allowed by Rules 26(c) and 37, M.R.Civ.P.
Rule 5(d), M.R. Civ.P., requires that "any paper after the complaint that is required to be served - together with a certificate of service - must be filed within a reasonable time after service."
- Document
- Paper after complaint required to be served
Must include
- •Certificate of service
In a motion requesting a hearing, the attorneys and self-represented litigants shall advise the court of the number of witnesses and the estimated length of time required for the hearing.
Any request to appear by video must be made by motion and shall state whether the motion is opposed.
No party shall file a separate statement of genuine issues, disputed, or undisputed facts when briefing a motion for summary judgment.
If no other procedure is specified, the proposed Findings of Fact and Conclusions of Law shall be filed in accordance with Rule 8, Montana Uniform District Court Rules.
If a party fails to file a certificate of service or proof of service for those documents specified in Rule 5(a)(1), M.R.Civ.P., the court may not consider the document.
- Document
- Documents specified in Rule 5(a) 1
Include
- •Certificate of service
The defendant in a criminal case may file Proposed Findings of Fact and Conclusions of Law.
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory for the specified lawyers, court reporters, and case participants in cases subject to Temporary Electronic Filing Rule 6(a), but is not currently mandatory for self-represented litigants.
Use of electronic filing system for all lawyers admitted to practice in Montana, including those appearing pro hac vice, court reporters, and case participants will be mandatory in the Eighteenth Judicial District for all cases subject to Temporary Electronic Filing Rule 6(a). Case participants include members of reporting agencies such as CASA, Adult Probation & Parole, and compliance programs. Use of the electronic filing system is not currently mandatory for self-represented litigants.
Page 8 | Rule 16 Electronic Filing
Filing Timing and Cure Windows
Papers after the complaint that are required to be served must be filed with their certificate of service within a reasonable time after service.
Rule 5(d), M.R. Civ.P., requires that "any paper after the complaint that is required to be served - together with a certificate of service - must be filed within a reasonable time after service."
Page 7 | Rule 14 Filing of Certificate of Service
A video-appearance motion must be made at least 24 hours before the hearing unless the court approves an emergency request.
A motion for video appearance must be made at least twenty-four (24) hours in advance of the hearing, absent emergency approval by the court.
Page 8 | Rule 17 Video Appearances
Service and Proof of Service Rules
Proof of service must be made by one of the listed methods and filed within 10 days after service; failure to file proof does not invalidate service.
Proof of service shall be made by an affidavit of the party or the party's attorney making service, or by the certificate of the party's resident attorney making service or by an acknowledgment in writing from the party or attorney served, and such affidavit, certificate or acknowledgment shall be filed within 10 days after service. Failure to make proof of service does not affect the validity of the service.
Page 7 | Rule 14 Filing of Certificate of Service
The listed orders, pleadings, discovery papers, motions, notices, briefs, appendices, and affidavits must be served, subject to the stated exceptions.
Rule 5(a)(1), M.R. Civ.P., requires the following documents to be served: (A) An order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion and any supporting brief, except one that may be heard ex parte; (E) a written notice, appearance, demand, or offer of judgment, or any similar paper; and (F) briefs, supporting appendices, and supporting affidavits.
Page 7 | Rule 14 Filing of Certificate of Service
A letter sent to the judge under this procedure must include copies to all parties.
If a judge has any matter under advisement for more than 120 days, the attorney or self-represented litigant may send a letter to the judge, with copies to all parties, describing the matter under advisement and stating the date that it was submitted to the court.
Page 5 | G. Reminders to the Court
Adjournment & Extension Requirements
Motions to continue or for extensions must be written and state the opposing parties’ position; omission may subject the motion to Rule 2, and the court may rule before a response is filed depending on the circumstances.
Motions to continue and for extensions shall be in writing and shall state the position of opposing parties regarding the motion. If a motion to continue or for extension does not state the position of the opposing party, the motion may be subject to Rule 2, Montana Uniform District Court Rules. Depending on the circumstances, the court may rule on the motion prior to a response being filed.
Page 4 | Rule 7(E) Motions to Continue or for Extensions
Filing and scheduling deadlines are strictly enforced unless a written motion for an extension is received and approved.
Filing and scheduling order deadlines will be strictly adhered to unless a written motion for an extension has been received and approved by the
Page 5 | F. Filing Deadlines
Chambers Communication Rules
An attorney or party who believes a potentially violent situation may arise must notify the assigned judge’s or standing master’s judicial assistant sufficiently in advance for security measures to be taken.
Where the attorney/party believes that a potentially violent situation may arise, that attorney/party shall notify the judicial assistant of the assigned judge or standing master sufficiently in advance so that appropriate security measures can be taken.
Page 6 | Rule 10 Court Security - Potentially Violent Situations; Duty of Party
The requesting party must arrange the video appearance with the department's judicial assistant.
The requesting party is responsible for arranging the video appearance with the judicial assistant of the department in which the hearing is to be held.
Page 8 | Rule 17 Video Appearances
After a matter has been under advisement for more than 120 days, an attorney or self-represented litigant may send the judge a letter describing the matter and its submission date.
If a judge has any matter under advisement for more than 120 days, the attorney or self-represented litigant may send a letter to the judge, with copies to all parties, describing the matter under advisement and stating the date that it was submitted to the court.
Page 5 | G. Reminders to the Court