Garfield County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Scheduling conference or order request

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.

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.

CRITICAL

Applies to

Proposed order

Proposed orders must not include submitting counsel’s name or address in the top-left corner.

All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.

CRITICAL

Applies to

Foreign personal representative sworn statement to close estate

Upon completion of the specified probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.

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.

CRITICAL

Applies to

Subpoena

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.

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.

CRITICAL

Applies to

Parenting education certificate

Each parent must file a certificate of completion with the Clerk of Court after completing the parenting education program.

Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.

CRITICAL

Applies to

Original document

Counsel must file all original documents with the Clerk of Court.

Counsel shall file all original documents with the Clerk of Court.

CRITICAL

Applies to

Letter email or other communication to court

Communications to the Court must state on their face that a copy was sent to opposing counsel and any unrepresented party.

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.

CRITICAL

Applies to

Pleading

A jury-trial demand incorporated in a pleading must appear in both its title and body.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority for the requested relief and be accompanied by a proposed order.

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.

CRITICAL

Applies to

Order to show cause or like order

Two originals of an order to show cause or similar order, plus enough copies for service or mailing to all parties, must be presented to the judge for signature.

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.

CRITICAL

Applies to

Jury instructions

Attorneys must check jury instructions to avoid duplicates.

Attorneys shall check instructions to avoid duplicates.

CRITICAL

Applies to

Jury instructions

The applicable Montana Pattern Civil or Criminal Jury Instructions must be used as the primary source.

The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.

CRITICAL

Applies to

Attorney fees affidavit

A party seeking attorney’s fees must file and serve an itemized affidavit at the final decision on the merits or another appropriate time.

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.

CRITICAL

Applies to

Faxed or electronically transmitted document

Faxed or electronically transmitted documents must show the necessary signatures or they will not be filed.

A faxed or electronic document must show necessary signatures or the document will not be filed.

CRITICAL

Applies to

Jury instructions

Counsel must provide the Court and opposing counsel with jury instructions and verdict forms as directed by the Scheduling Order or Omnibus Order.

Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.

CRITICAL

Applies to

Pleading judgment or order for notice

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.

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.

CRITICAL

Applies to

Petition for consolidation

A petition for consolidation must be filed in each action proposed for consolidation.

A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.

CRITICAL

Applies to

Public defender application

A defendant seeking a public defender must complete a sworn Financial Affidavit and any other information required by the Office of Public Defender.

Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.

CRITICAL

Applies to

Motion for leave to file pleading

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.

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.

CRITICAL

Applies to

File cover and document for service

Must include

judge name

The presiding judge’s name must appear on file covers and documents for service.

Once assigned, the presiding judge’s name shall appear on all file covers and documents for service.

CRITICAL

Applies to

Affidavit

For the listed domestic-relations proceedings, the moving party must submit the prescribed affidavit and answer its specified questions when directed by the Court.

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:

CRITICAL

Applies to

Jvn appearance or testimony motion

A JVN appearance or testimony motion must state the specified contest, objection, and connection information and include a phone number for technical difficulties.

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.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pretrial order.

Trial briefs shall be submitted as required in the pretrial order.

CRITICAL

Applies to

Motion response or reply requesting hearing

Must include

proposed order

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.

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.

CRITICAL

Applies to

Motion to dismiss deferred sentence

Must include

proposed order

Evidence of successful completion must be submitted to the Court with a proposed order when seeking dismissal under the stated procedure.

Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state how the copy was sent to the judge.

Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.

CRITICAL

Applies to

Faxed or electronically transmitted document

The person transmitting a document bearing a party’s or non-attorney’s signature must arrange for the original signed document to be timely filed with the Clerk.

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.

CRITICAL

Applies to

Omnibus form

After a not-guilty plea, the Court sets an omnibus hearing; before it, prosecution and defense counsel must consult and attempt to stipulate to the court-approved form, which must be submitted for approval at the hearing.

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.

CRITICAL

Applies to

Jury instructions

Counsel must ensure proposed instructions accurately reflect gender, singular or plural parties and offenses, and any unique circumstances or special verdicts.

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”).

CRITICAL

Applies to

Final decree of dissolution

A completed Vital Statistics reporting form must be presented to the Clerk of Court when the Final Decree of Dissolution is filed.

A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

CRITICAL

Applies to

Parenting plan amendment motion

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit a supporting factual affidavit and give notice as required by 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.

CRITICAL

Applies to

Response or objection to crime lab jvn testimony

A response or objection must state whether a genuine issue exists as to the analysis or procedure at issue.

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.

CRITICAL

Applies to

Proposed findings conclusions

For the specified criminal hearings and bench trials, all parties must file and serve proposed findings and conclusions 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.

WARNING

Applies to

Proposed decree

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.

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.

WARNING

Applies to

Trial status notice

Failure to comply with the trial-status notice requirements may result in sanctions, including jury costs.

Failure to comply with the requirements of this rule may result in the imposition of sanctions, including jury costs.

INFO

Applies to

Court filed document

An attorney’s copied or electronically generated signature is treated as an original signature on court-filed documents.

An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents.

INFO

Applies to

Request for decision

If a matter has been under advisement for more than 30 days, an affected party may file a “Request for Decision” stating the date it was taken under advisement and requesting a decision.

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.

INFO

Applies to

Scheduling order motion

Defense counsel or respondent’s counsel may move for a scheduling order.

Counsel for the Defendant or Respondent may also move for a Scheduling Order.

CRITICAL

In adoption matters, counsel must present an order for the Court to order the required pre-placement evaluation.

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.