Gallatin County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Uncontested motion

Must include

proposed order

An uncontested motion must include a proposed order.

Uncontested motions shall include a proposed order.

CRITICAL

Applies to

Video appearance motion

A request to appear by video must be made by motion that states whether it is opposed.

Any request to appear by video must be made by motion and shall state whether the motion is opposed.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery-motion movant must certify a good-faith effort to confer; failure to certify or confer may result in sanctions.

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.

CRITICAL

Applies to

Trial exhibit

If a trial or hearing exhibit is a document, copies must be provided to the judge and opposing attorney or party.

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.

CRITICAL

Applies to

Paper after complaint required to be served

Must include

certificate of service

A paper after the complaint that must be served, together with its certificate of service, must be filed 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."

CRITICAL

Applies to

Motion

A substitute attorney may represent a party at a final pretrial conference only with written court approval after a written motion showing good cause, and the motion must state the substitute attorney’s knowledge of the case.

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.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must be clearly labeled “Proposed.”

The Proposed Findings of Fact and Conclusions of Law shall be clearly delineated as "Proposed."

CRITICAL

Applies to

Motion requesting hearing

A motion requesting a hearing must advise the court of the number of witnesses and estimated hearing length.

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.

CRITICAL

Applies to

Uncontested motion

An uncontested motion must state in both its caption and its text that the opposing attorney or party does not contest it; otherwise, it will be treated as contested and subject to Rule 2 of the Montana Uniform District Court Rules.

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.

CRITICAL

Applies to

Proposed findings conclusions

Parties in civil cases and the prosecution in criminal cases must file sufficiently detailed proposed findings of fact and conclusions of law with the district court clerk.

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.

WARNING

Applies to

Documents specified in rule 5 a 1

Must include

certificate of service

The court may decline to consider a document listed in Rule 5(a)(1) if the required certificate or proof of service is not filed.

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.

WARNING

Applies to

Summary judgment brief

A party may not file a separate statement of genuine issues or disputed or undisputed facts when briefing a summary-judgment motion.

No party shall file a separate statement of genuine issues, disputed, or undisputed facts when briefing a motion for summary judgment.

WARNING

Applies to

Proposed findings conclusions

If no other procedure is specified, proposed findings of fact and conclusions of law must be filed in accordance with Rule 8 of the Montana Uniform District Court Rules.

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.

INFO

Applies to

Proposed findings conclusions

A defendant in a criminal case may file proposed findings of fact and conclusions of law.

The defendant in a criminal case may file Proposed Findings of Fact and Conclusions of Law.