Garfield County District Court, Montana Filing Fees and Waivers

Fee

$120

Applies to

Contested parenting plan amendment motion

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.

Fee

0.25

Applies to

Copies of papers on file

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.

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.

Applies to

Judgment or decree

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.

Fee

0.5

Applies to

Pleading filed by fax or email

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.

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.