Glacier County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • Together with Proposed Order Setting Hearing
Pertinent Document
- 1 copy • Chambers Drop Off • When Filed Within 48 Hours of Contested Hearing or Oral Argument
Adjournments
- When a selected hearing date conflicts with counsel’s or a party’s availability, they should consult the opposing party and advise the Court by motion of contact efforts and the opponent’s position.
- Motions to continue or extend time must be written and state opposing counsel’s position; merely saying opposing counsel could not be contacted is insufficient, and the Court will wait until the response period expires to rule.
- Scheduling-order dates may be changed only by court order upon a showing of good cause.
Request must include
Page & Word Limits1 rule
Except with leave of court for good cause, Initial and Answer Briefs shall not exceed twenty pages. Reply Briefs shall not exceed ten pages
- Initial brief
- Up to 20 pages
- Answer brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements4 rules
All papers filed in any action must conform to Rule 1 of the Montana Uniform District Court Rules. Any paper not in conformity with this Rule shall not be filed, by the clerk and shall be returned to the party submitting it. If filed, it may be stricken by the court.
Motions to continue and for extensions must be in writing
Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the court on its own initiative.
Documents should be firmly bound with holes punched at the top ready for placement in the court file.
Document Filing Requirements19 rules
Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant.
A request for oral argument must explain why argument is warranted and why the briefs are inadequate, and must include a proposed order; this requirement does not apply when argument is mandatory unless all parties waive it.
- Document
- Oral argument request
Must include
- •Proposed order
Court's wording
When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position. A proposed order shall accompany any request for oral argument
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
When the clerk must provide copies, parties must supply all necessary copies and pre-addressed envelopes for every party of record.
Court's wording
When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Pre-addressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk.
The Notice of Issue must state that the matter is ready for ruling and its certificate of service must certify supplemental service of a copy on the Court at chambers.
- Document
- Notice of issue
Must include
- •Certificate of service
Court's wording
When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the court indicating that the matter is ready for ruling by the court. The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
When leave of court is required before a pleading can be filed, a proper motion must be filed and served with this rule. See also Rule 4 of the Uniform District Court Rules. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not apply to filing an Information in a criminal case.
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
- Document
- Motion
Must include
- •Proposed order
Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.
Plea Agreements shall be submitted for either binding or non-binding.
Motions to extend deadlines or dates shall include a statement of the trial date, if set.
A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea.
Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge.
No agreement or consent between the parties, or their attorneys, shall be accepted by the court unless made in open court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney.
(4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.
The county attorney must submit a written request asking the justice of the peace to transfer bail to the District Court.
Court's wording
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
The amount and nature of the bail furnished must be endorsed upon the order whereby the justice or judge transfers the cause to the District Court.
The duplicate copy of the request must be filed with the Clerk of Court.
It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
- Document
- Scheduling order motion
Must include
- •Certificate of service
Filing & Service rules
Filing Timing and Cure Windows
A written stipulation or appropriate pleading must be filed within two days after the contested matter is resolved.
A written stipulation or appropriate pleading shall subsequently be filed within two days.
Page 1 | RULE 5 - CONTESTED MATTERS
A defendant’s motion to dismiss without a timely supporting brief is deemed overruled, and the moving party has twenty days after clerk notice to further plead.
Motions to Dismiss by a Defendant not supported by a timely brief shall be deemed overruled and the moving party shall have twenty days after notice from the clerk to further plead.
Page 1 | RULE 5 - CONTESTED MATTERS
At least one party must file a Notice of Issue once all briefs have been filed or the briefing period has expired, stating that the matter is ready for ruling.
When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the court indicating that the matter is ready for ruling by the court.
Page 1 | RULE 5 - CONTESTED MATTERS
The Court will not rule on a motion to continue or extend time until the response period has expired.
The court will not rule on the motion until the response time has expired.
Page 1 | RULE 5 - CONTESTED MATTERS
The written Acknowledgment and Waiver of Rights must be presented no later than the guilty plea.
A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea.
Page 2 | RULE 10 - CRIMINAL ACTIONS
When judgment is entered upon a written instrument, the instrument must be presented to the clerk when the court grants judgment.
In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the court.
Page 3 | RULE 16 - JUDGEMENT ON WRITTEN INSTRUMENT
Bail must be delivered to the clerk when the papers transferring the case to the District Court are filed.
At the time the papers transferring the case to the District Court are filed with the Clerk of Court, the bail must also be delivered to the clerk.
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS
The county attorney must file a written bail-transfer request with the justice of the peace at the same time as filing the motion in District Court.
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS
Service and Proof of Service Rules
The party filing a Notice of Issue must serve an additional copy on the Court at chambers.
The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
Page 1 | RULE 5 - CONTESTED MATTERS
The county attorney must deliver a duplicate copy of the bail-transfer request to the justice of the peace.
(2) The county attorney must deliver to the justice of the peace a duplicate copy of such request;
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS
If a judge has any matter under advisement before it for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
If a judge has any matter under advisement before it for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 1 | RULE 5 - CONTESTED MATTERS
A motion for leave to file a pleading must be served, though the rule does not specify the service method.
When leave of court is required before a pleading can be filed, a proper motion must be filed and served with this rule.
Page 1 | RULE 3 - FILING OF PLEADINGS AND OTHER PAPERS
A party filing a scheduling-order motion must serve a copy on the Court at chambers and certify that supplemental service in the original motion’s certificate of service.
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
Page 2 | RULE 7 - SCHEDULING ORDERS
Filing Fees and Waivers
Any filing fee required by statute must accompany the document or the document will not be filed.
Any filing fee required by statute must accompany the document or it will not be filed.
Page 1 | RULE 3 - FILING OF PLEADINGS AND OTHER PAPERS
Courtesy Copy Requirements
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
Page 1 | RULE 5 - CONTESTED MATTERS
A courtesy copy of every motion must be submitted to the presiding judge together with a proposed order setting hearing.
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
Page 2 | RULE 10 - CRIMINAL ACTIONS
Pre-Motion Conference Requirements
Before a motion under Rules 26 through 37 is filed, counsel must confer about all disputed issues, and the moving party must include a compliance statement; a judge may award reasonable expenses if opposing counsel willfully refuses or fails to confer.
The court will deny any motion pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, unless counsel shall have conferred concerning all disputed issues before the motion is filed. If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the judge may order the payment of reasonable expenses, including attorney's fees, pursuant to Montana Rules of Civil Procedure 37(a)(4). Counsel for the moving party shall include in the motion a statement of compliance with this rule.
Page 1 | RULE 5 - CONTESTED MATTERS
Unless the presiding judge orders otherwise, the listed criminal motions do not require briefs and may be ruled on summarily without prior notice to opposing counsel.
Unless otherwise ordered, the following motions do not require a brief and may be ruled on summarily without prior notice to opposing counsel: Motions to Set/Reset/Vacate Hearings for: - Arraignments - Bench Trials - Telephonic Hearings - Answer Hearing: - Change of Pleas - Bail Hearing - Evidentiary Hearings - Status Conference - Dispositional Hearings - Omnibus Hearing - Miscellaneous Hearings - Final Pre-Trial Conference - Vacate any Pre-Trial Hearing - Jury Trials and Set for Change of Plea - Sentencing Miscellaneous Motions: - Add Witnesses - Additional Time to File/Respond to Briefs Change Conditions of Release Chemical Evaluation - State to Pay the Costs Discovery Request Mental Evaluation - State to Pay the Costs Neuro-Psycho Evaluation - State to Pay the Costs Psychological Evaluation - State to Pay the Costs Quash Order Quash Bench Warrant Quash Transportation Order Reinstate Bond and Release Defendant Release - Quash Bench Warrant Release Defendant's Persorial Property Request for Credit For Time Served Request for Defendant Attend Funeral and Wear Street Clothes Request for Defendant to Leave _ County/State of Montana Request for Interpreter - State to Pay Costs Seal Plea Agreement Sex Offender Evaluation - State to Pay Costs - State to Pay for Costs of Deposition Substitution of Counsel Transport Defendant
Page 2 | RULE 10 - CRIMINAL ACTIONS
Adjournment & Extension Requirements
Motions to continue or extend time must be written and state opposing counsel’s position; merely saying opposing counsel could not be contacted is insufficient, and the Court will wait until the response period expires to rule.
Motions to continue and for extensions must be in writing and shall state the position of opposing counsel to the motion. It is not sufficient that the motion state that opposing counsel could not be contacted. If a motion to continue or for extensions does not state the position of opposing counsel, the motion shall be subject to Rule 2, Uniform District Court Rules. The court will not rule on the motion until the response time has expired.
Page 1 | RULE 5 - CONTESTED MATTERS
Scheduling-order dates may be changed only by court order upon a showing of good cause.
The dates in the scheduling order shall not be changed absent court order upon a showing of good cause.
Page 2 | RULE 7 - SCHEDULING ORDERS
When a selected hearing date conflicts with counsel’s or a party’s availability, they should consult the opposing party and advise the Court by motion of contact efforts and the opponent’s position.
In the event that counsel or a party encounters a conflict with a date selected for a hearing, they should consult with the opposing party, advising the Court by motion setting forth the efforts made to contact their opponent and the opponent's position.
Page 1 | RULE 2 - LAW AND MOTION DAYS
Chambers Communication Rules
If a contested matter set for hearing is resolved, the judge’s judicial assistant must be advised immediately.
In the event any contested matter set for hearing is resolved between the parties, the judge's judicial assistant shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case.
Page 1 | RULE 5 - CONTESTED MATTERS
If a matter has been under advisement for more than ninety days, an affected party may send the judge a letter copying all counsel that describes the matter and states when it was taken under advisement.
If a judge has any matter under advisement before it for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 1 | RULE 5 - CONTESTED MATTERS
Counsel and parties should confirm hearing dates with the District Court clerk.
Counsel and parties should confirm hearing dates with the Clerk of pages District Court.
Page 1 | RULE 2 - LAW AND MOTION DAYS