Garfield County District Court, Montana Chambers Communication Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Contact

Phone

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Contact

Email

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.

WARNING

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.

WARNING

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.

WARNING

Contact

Email

Parties should avoid addressing substantive matters by email whenever possible.

Whenever possible, parties are to avoid addressing substantive matters within email correspondence.