Garfield County District Court, Montana Service and Proof of Service Rules

CRITICAL

Applies to

Court orders and minute entries

Service

Email to clerk

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

All parties must be notified when a case is transferred between departments.

Notice of said transfer shall be provided to all parties.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Petition for adoption and order for evaluation

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.

WARNING

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.

WARNING

Service

Email

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

Applies to

Court orders and minute entries

Service

Email to all parties

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.