Garfield County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Jury Instructions
- 2 copies
Page & Word Limits1 rule
Individual briefs shall not exceed twenty-five (25) pages in length, exclusive of indexes and appendices, except with leave of the Court.
- Brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements11 rules
All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
Formatting
- •All filings must be formatted as directed by UDCR 1
- •The body of the document must be left-justified
The required format for electronically filing of scanned documents is PDF.
- File type
- Scanned document
The required format for electronically transmitted proposed orders is Microsoft Word.
In order to facilitate scanning and entry into the Full Court case management system, documents filed with the Clerk of Court shall not be stapled.
All exhibits are to be marked prior to trial or during recesses. Plaintiff/petitioner shall mark exhibits with a number, and the defendant/respondent shall utilize a letter.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
Counsel should avoid leaving a page containing only a date or judge-signature line in filings longer than one page.
Court's wording
Counsel shall take care that any filing of more than one page in length does not leave one page with a “dangling signature line,” i.e., a page with only the date and/or a line for the judge’s signature.
The preferred format is a Microsoft Word document.
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
Document Filing Requirements39 rules
All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
To obtain one subpoena, counsel must provide an original and copy; for multiple subpoenas, counsel must provide an original for each recipient and a praecipe listing them.
Court's wording
When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance. When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.
When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.
A faxed or electronic document must show necessary signatures or the document will not be filed.
A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.
A motion for leave to file a pleading must include a copy of the proposed pleading or amendments, with the original lodged with the Clerk of Court.
Court's wording
Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court.
Once assigned, the presiding judge’s name shall appear on all file covers and documents for service.
It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.
In a civil action, plaintiff’s or petitioner’s counsel must submit a written request for a scheduling conference or order, subject to the stated stipulation and Court exception.
Court's wording
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Communications to the Court must state on their face that a copy was sent to opposing counsel and any unrepresented party.
Court's wording
The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.
A motion must cite authority for the requested relief and be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.
Two originals of any order to show cause, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the judge for signature.
A party requesting that the Clerk mail notice of a pleading, judgment, or order must provide the Clerk with necessary copies and properly addressed, stamped envelopes.
Court's wording
Whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court by the party requesting such judgment or order to be provided by US Mail, together with properly addressed and stamped envelopes.
A hearing request in a criminal or civil matter must appear in the motion, response, or reply, identify whether it seeks oral argument or an evidentiary hearing, and include a proposed order.
- Document
- Motion response or reply requesting hearing
Must include
- •Proposed order
Court's wording
Even when a hearing on motions has been tentatively docketed at an Omnibus Hearing or scheduling conference, when hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply. The request shall specify the purpose of the hearing (oral argument or evidence hearing). Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.
Attorneys shall check instructions to avoid duplicates.
- Document
- Jury instructions
Must include
- •Check instructions to avoid duplicates
The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.
Trial briefs shall be submitted as required in the pretrial order.
Counsel must ensure proposed instructions accurately reflect gender, singular or plural parties and offenses, and any unique circumstances or special verdicts.
Court's wording
Counsel shall ensure that the proposed instructions are correct with respect to gender and as to whether parties are singular or plural, the charged offense is singular or plural, and adjust the pattern jury instructions for unique circumstances or special verdicts (such as “not guilty by reason of mental disease or defect”).
A JVN appearance or testimony motion must state the specified contest, objection, and connection information and include a phone number for technical difficulties.
Court's wording
Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Counsel shall file all original documents with the Clerk of Court.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.
For the listed domestic-relations proceedings, the moving party must submit the prescribed affidavit and answer its specified questions when directed by the Court.
Court's wording
As directed by the Court, for temporary maintenance or child support, or other matters pendent lite, modification proceedings, or trial on contested domestic relations matters, the moving party shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto:
Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.
Upon completion of the specified probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.
Court's wording
Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, et seq., M.C.A., counsel for the foreign personal representative must file with the Court a Foreign Personal Representative’s Sworn Statement to Close Estate.
Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.
Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
Must include
- •Proposed order
After the defendant enters a plea of “not guilty’, the Court shall set an omnibus hearing. Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
For the specified criminal hearings and bench trials, all parties must file and serve proposed findings and conclusions unless the Court waives the requirement.
Court's wording
For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Failure to comply with the requirements of this rule may result in the imposition of sanctions, including jury costs.
When payments are made directly to the Clerk of Court, counsel must tell the child-support obligor to add $2 to each payment, and the proposed decree must include that obligation.
Court's wording
When child support or spousal maintenance is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage. The proposed decree shall include in the final order the child support obligor’s obligation to include the additional $2.00 in each child support payment.
An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents.
In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.
Counsel for the Defendant or Respondent may also move for a Scheduling Order.
In adoption matters, counsel must present an order for the Court to order the required pre-placement evaluation.
Court's wording
In all adoption matters, the pre-placement evaluation required by Section 42-3-201, M.C.A., will be ordered by the Court. It is the obligation of counsel to present to the Court an order for such evaluation.
Filing & Service rules
Electronic Filing Rules
Documents that may be filed by mail may also be filed by fax or electronic transmission, subject to the stated rules.
A. The filing of any document that may be done by mail may be done by fax or electronic transmission, subject to the provisions of this Rule and the Montana Rules of Civil Procedure.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
A matter cannot be heard on the Law and Motion calendar until relevant supporting documents are filed and opposing parties are served.
No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
A faxed or electronically transmitted document is filed at the date and time the Clerk receives it.
The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A party who obtains an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.
When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Briefs subject to a specified filing date must be filed by that date.
All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
The applicable court rules and statutes govern the time allowed for a response or objection.
Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
In a civil action, plaintiff’s or petitioner’s counsel must file a written request for a scheduling conference or order within 120 days after the complaint, unless all parties stipulate otherwise and the Court deems an order unnecessary.
Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required fee.
Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Except for good cause, a motion for continuance is due on the date three weeks before the jury trial begins.
Except for good cause, any motion for continuance is due on this date.
Page 3
The written trial-status notice is due at least three weeks before commencement of a civil or criminal jury trial.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Page 3
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial. The motion must contain all the information specified for JVN motions within these Rules.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
A response or objection to Crime Lab testimony by JVN must be filed within 10 business days and state whether a genuine issue exists as to the analysis or procedure.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
A JVN appearance or testimony motion must be filed as early as practical and at least one hour before the hearing, even if all parties consent.
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
The opposing party must file any objection within 14 days, with 3 additional days allowed for mailing.
Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.
Page 5 | RULE 15 - ATTORNEY’S FEES
Counsel must consult before the omnibus hearing, and the omnibus form must be submitted for Court approval on the date set for that hearing.
Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
Page 6 | RULE 19 - CRIMINAL ACTIONS
Parents of minor children must complete the court-sanctioned parenting education program before the final hearing, final dissolution decree, or final parenting plan is issued.
All parents of minor children shall satisfactorily complete the parenting education program sanctioned by the Sixteenth Judicial District Court prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
A granted withdrawal becomes effective 14 days after the court order.
Once withdrawal as counsel is granted, the withdrawal becomes effective fourteen (14) days following the date of the court Order.
Page 5 | RULE 14 - ATTORNEYS
Service and Proof of Service Rules
All parties must be notified when a case is transferred between departments.
Notice of said transfer shall be provided to all parties.
Page 1 | RULE 1 - DEPARTMENT AND ASSIGNMENT OF CASES
Opposing parties must be served under the applicable rules before a matter is heard on the Law and Motion calendar.
No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Attorneys or parties must provide the Clerk with the email addresses for delivery of Orders or Minute Entries by email.
Attorneys or parties must provide the Clerk of Court’s office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
After the initial filing, a party must provide the opposing party with documents filed with the Clerk or given to the judge using the same, quickest method.
A. Following the initial filing for any matter, when a party files a document with the Clerk of Court or provides a document to the judge, whether via fax or email or US Mail, the party shall use the same (quickest) method to provide the document to the opposing party.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Proof of service for all papers required or permitted to be served must be filed promptly and before the Court or parties take action on them.
Proof of service of all papers required or permitted to be served shall be filed with the Clerk of Court promptly and in any event before any action is to be taken thereon by the Court or the parties.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Counsel may withdraw only with the client’s consent or court leave after serving notice on the client and the 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.
Page 5 | RULE 14 - ATTORNEYS
When the Court orders an evaluation by DPHHS, counsel must mail or deliver conformed copies of the Petition for Adoption and Order for Evaluation to DPHHS.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.
Page 5 | RULE 17 - ADOPTION MATTERS
For the specified criminal hearings and bench trials, all parties must serve proposed findings and conclusions on opposing parties unless the Court waives the requirement.
For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Page 6 | RULE 19 - CRIMINAL ACTIONS
The Respondent must serve the Petitioner with an affidavit in the stated outline format, including objections or concerns, within 30 days after service of the Petitioner’s affidavit.
No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Unless the parties stipulate to an interim or amended parenting plan, the moving party must give notice in accordance with the cited statute.
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
If proper envelopes and postage are not supplied, the Clerk will provide the document by email only.
Without proper envelopes and postage, the document will be provided by the Clerk of Court via email, only.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
The same-method notice obligation supplements any separate service or proof-of-service requirements imposed by rule or statute.
To do otherwise is the functional equivalent of ex parte communication with the Court. This notice requirement is in addition to the service required when a particular method of service or method of proof of service exists as prescribed in the Montana Rules of Civil Procedure, or other applicable statute.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
After the specified 90-day period, renewed-proceeding notice must go to presumed-former counsel and notice or service must also go directly to the party as otherwise required by law.
From ninety (90) days after the time for appeal from any final judgment or decree in a civil matter has run, the presumption shall be that any party previously represented by counsel is no longer represented by such counsel. After the ninety (90) day period, notice of renewed proceedings shall be provided to presumed-former counsel, as well as notice or service directly to the party as otherwise required by law.
Page 5 | RULE 14 - ATTORNEYS
After entry of an order for child support collected by the Child Support Enforcement Division, counsel for the recipient must notify that Division as required by Montana law.
After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
An attorney who electronically files a document is deemed to consent in writing to electronic receipt of documents.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
The Clerk may distribute Court Orders and Minute Entries by email instead of hard copy.
In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
Filing Fees and Waivers
Providing copies of papers on file by fax, email, or other electronic means costs 25 cents per page in criminal and civil proceedings.
The fee for providing copies of papers on file in the Clerk’s office by fax, e-mail or other electronic means in all criminal and civil proceedings shall be 25 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel must pay any required filing fee when filing or as otherwise arranged with the Clerk of Court.
B. If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged with the Clerk of Court.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Filing a pleading by fax or email costs 50 cents per page in criminal and civil proceedings.
As dictated by statute, the fee for filing a pleading by fax or email in all criminal and civil proceedings shall be 50 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel obtaining a judgment or decree must submit the required filing fee with it when delivering it to the Clerk for filing.
Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
The person filing a document must pay required fees in the manner and within the time required by the Clerk.
It shall be the obligation of the person filing the document to pay any required fees in the manner and within the time required by the Clerk of Court.
Page 2 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A contested motion to amend a final parenting plan, including a qualifying final custody decree or order, requires a $120 filing fee; a motion stipulated to by both parties when filed is not deemed contested under this rule.
Section 25-1-201, M.C.A., provides for a $120 filing fee to file a contested petition (motion) for amendment of a final parenting plan. Pursuant to Section 40-4-219(7), M.C.A., a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a “final parenting plan” in determining whether a new filing fee is due. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is filed with the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Courtesy Copy Requirements
Attorneys must provide the judicial assistant two hard copies of proposed instructions, one with citations and one without.
Attorneys must also provide the judicial assistant with two hard copies of the proposed instructions: one including the citations and one without citations.
Page 3 | C. Jury Instructions and Jury Issues
Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3
Pre-Motion Conference Requirements
A motion seeking specific relief must report whether opposing counsel was contacted, whether any party objects, and whether an objecting party intends to file a written objection.
For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Unless the adverse party does not oppose or will not file a written objection, the adverse party must have an opportunity to respond before a ruling, absent good cause for ex parte action.
Unless the Court has been informed the adverse party does not oppose the motion, or the adverse party opposes the relief but does not intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
The Court may direct a civil action docketed for trial to participate in a mandatory settlement conference.
Any civil action docketed for trial may be subject to a mandatory A. As directed by the Court,
Page 5 | RULE 13 - MANDATORY SETTLEMENT CONFERENCES; MEDIATION
The Court may direct a family law matter docketed for trial to participate in mandatory mediation.
Any family law matter docketed for trial may be subject to mandatory mediation as directed by the Court.
Page 5 | RULE 13 - MANDATORY SETTLEMENT CONFERENCES; MEDIATION
Adjournment & Extension Requirements
A request for an extension of time must be filed and served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A trial continuance requires good cause even if opposing counsel stipulates, and the motion must comply with Local Rule 6.
Continuances of trial, even when stipulated-to by opposing counsel, will not be granted without good cause. All such motions to continue trial must be submitted in accordance with Local Rule 6.
Page 3
Chambers Communication Rules
Contested matters and matters expected to take more than 15 minutes must be scheduled for additional time with the judicial assistant.
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Law and Motion matters must be calendared with the judicial assistant by 4:00 p.m. on the preceding business day.
All matters shall be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Court scheduling must be coordinated with the judicial assistant or other personnel designated by the judge.
All the Court’s scheduling shall be coordinated with the judicial assistant or other personnel the judge may designate.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A party may not discuss a substantive issue ex parte with the Court without notice and approval of all opposing counsel, unless law expressly allows it.
No party shall discuss ex parte with the Court any substantive issue related to a pending or anticipated case without notice and approval of all opposing counsel, or as otherwise expressly allowed by law.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
The Court must be advised in advance if an attorney, party, or witness anticipates that a trial witness may refuse to answer on self-incrimination grounds.
Any attorney, party, or witness who anticipates that any witness to be called in a trial by jury may refuse to answer a question on the basis that the answer may tend to incriminate him or her, shall advise the Court in advance of such anticipated testimony.
Page 3
Counsel must inform the Court of pending issues or argument before the jury is called or during a recess.
To this end counsel is directed to inform the Court of pending issues or argument either before the jury is called into the Courtroom, or at the time of a recess.
Page 3
At least three weeks before a civil or criminal jury trial, each party’s counsel must tell the Clerk in writing whether the trial will proceed as scheduled.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Page 3
Attorneys must email the citation-bearing jury instructions to the judicial assistant in Microsoft Word format.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Page 3 | C. Jury Instructions and Jury Issues
For JVN use outside Sixteenth Judicial District Court business, the requester must reserve the equipment through the Clerk or judicial assistant and report to the Clerk upon arrival.
Any party/counsel requesting use of the JVN equipment for hearings or meetings other than Sixteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court or judicial assistant, and shall be responsible for operation and movement of the camera. The party/counsel shall report to the Clerk of Court upon arriving for the JVN session and will be directed to the appropriate location for use of the equipment.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Counsel must request the courtroom locations for displaying electronic evidence and any needed lighting adjustments.
Counsel is responsible for requesting locations for the Court to publish the evidence. Counsel is also responsible for requesting any lighting adjustments needed during the course of trial to assist the viewing of evidence using the system.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Counsel unfamiliar with the electronic evidence presentation system must notify the Clerk well before trial or hearing and arrange training at a time convenient to the Clerk.
At a time well-in-advance of the scheduled trial or hearing date, counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court in order to receive the necessary training for use of the electronic evidence presentation system.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
A party or counsel granted leave to use JVN must make all necessary arrangements with the Clerk or judicial assistant.
Any party/counsel granted leave to use JVN shall make all necessary arrangements for such use with the Clerk of Court or judicial assistant.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
Counsel must keep the Clerk and other individuals informed of site or IP-address changes affecting JVN participation.
Counsel is responsible for keeping the Clerk of Court and other individuals informed of site or IP address changes effecting JVN participation.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
JVN hearing participants must maintain a cell phone contact method so they can be reached if connection difficulties or delays arise.
Participants in the hearing via JVN are to maintain a means of communication (cell phone) so the individual may be readily contacted in the event of unforeseen difficulty establishing the JVN connection, or other delay.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
If counsel has not arranged for the original document to be timely brought before the judge, counsel must mail or email a copy to the judge’s resident office.
When counsel has not arranged for the original document to be timely brought before the presiding judge, counsel shall mail or email a copy to the presiding judge at the judge’s resident office.
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Parties should avoid addressing substantive matters by email whenever possible.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Those wishing to use the courtrooms, jury room, or law library for meetings, depositions, or video-conferencing must contact the Clerk of Court to reserve the facility.
Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.
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Media personnel must contact the Clerk of Court before filming to coordinate equipment placement.
Prior to filming, media personnel shall contact the Clerk of Court to coordinate the placement of equipment in order to avoid disrupting the proceedings.
Page 5 | RULE 16 - PHOTOGRAPHY, TELEVISION AND MEDIA