Glacier County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Request for hearing

A motion requiring testimony must be scheduled as a contested matter, with the appropriate Request for Hearing pleading presented to the judge’s judicial assistant.

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.

CRITICAL

Applies to

Bail or bond release

Before bail or bond is released, the original receipt and appropriate identification must be presented.

(4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.

CRITICAL

Applies to

Motion

Must include

proposed order

A courtesy copy of all motions shall 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.

CRITICAL

Applies to

Bail transfer request

The county attorney must submit a written request asking the justice of the peace to transfer bail to the 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;

CRITICAL

Applies to

Oral argument request

Must include

proposed order

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.

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

CRITICAL

Applies to

Omnibus hearing memorandum and order form

The Omnibus Hearing Memorandum and Order form must be completed at the Omnibus Hearing, unless the presiding judge orders otherwise.

Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.

CRITICAL

Applies to

Plea agreement

Plea agreements must be submitted whether they are binding or non-binding.

Plea Agreements shall be submitted for either binding or non-binding.

CRITICAL

Applies to

Discovery motion

A moving party’s discovery motion must include a statement that counsel complied with the meet-and-confer requirement.

Counsel for the moving party shall include in the motion a statement of compliance with this rule.

CRITICAL

Applies to

Extension motion

A motion to extend a deadline or date must state the trial date, if one has been set.

Motions to extend deadlines or dates shall include a statement of the trial date, if set.

CRITICAL

Applies to

Order to show cause or temporary restraining order

Two originals of an order to show cause, temporary restraining order, or like order must be presented to the judge.

Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge.

CRITICAL

Applies to

Agreement or consent

An agreement or consent is accepted only if made and recorded in open court or entered in the minutes, or if it is in writing and signed by the party against whom it may be urged or that party’s attorney.

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.

CRITICAL

Applies to

Acknowledgment and waiver of rights

Defense counsel must present a written Acknowledgment and Waiver of Rights to the Court at or before 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.

CRITICAL

Applies to

Order transferring cause

The transfer order must state the amount and nature of the bail furnished.

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.

CRITICAL

Applies to

Pleading or proposed order or other filed matter

When the clerk must provide copies, parties must supply all necessary copies and pre-addressed envelopes for every party of record.

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.

CRITICAL

Applies to

Notice of issue

Must include

certificate of service

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.

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.

CRITICAL

Applies to

Duplicate bail transfer request

The duplicate copy of the bail-transfer request must be filed with the Clerk of Court.

The duplicate copy of the request must be filed with the Clerk of Court.

CRITICAL

Applies to

Motion for leave to file pleading

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.

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.

WARNING

Applies to

Minute entry

A party relying on a minute entry must ensure that it is duly entered.

It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

CRITICAL

Must include

certificate of service

The certificate of service for the original scheduling-order motion must certify supplemental service of a copy on the Court at chambers.

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.