Golden Valley County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Exhibits
- In Advance
Adjournments
- An ex parte request to continue a matter set by court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
- A discovery-deadline extension requires a court order on written request stating discovery completed, reasons for missed deadlines, and opposing counsel’s position, accompanied by a proposed “Amended Discovery Order” with new deadlines.
- A trial continuance request must be made by written motion stating specific reasons and whether other parties oppose; granting a continuance is within the judge’s discretion.
- +1 more
Request must include
Communication
Phone
Fax
Document Format Requirements3 rules
The telefaxed or electronically submitted document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
To provide impartial copies for submission to the jury, parties must be prepared to offer an unbound copy of approved jury instructions absent of citation of authority, offered party and consecutive numbering required under Rules 7(b)&(c), Uniform District Court Rules.
Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial. In marking trial exhibits, plaintiff shall use numbers, and defendants shall use letters. Multiple defendants should use a different initial before numbering of each exhibit. (Eg., Defendant Robin would use R-1, R-2, etc.)
Document Filing Requirements31 rules
In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.
The Certificate of Service must show that a telefax or electronic transmission was sent to the Clerk of Court and the date of such transmission.
Requests for court orders must be made by motion stating the grounds and relief sought, and motions must be briefed and deemed submitted under Rule 2.
Court's wording
Under Rule 7, M.R.Civ.P., any request for court order shall be by motion stating with particularity the grounds therefor and the relief or order sought. All motions filed shall be briefed and deemed submitted pursuant to Rule 2, Uniform District Court Rules.
Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.
For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject.
Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court. Where applicable, the title of the proposed order shall make reference to the underlying motion.
Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed with the Court.
Should this phone conference result in an agreed scheduling order, the parties shall complete and present a written scheduling order in approved format for Court approval.
No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
A motion to postpone trial because a witness or evidence is absent must include an affidavit showing it cannot otherwise be obtained and will be available if postponement is granted.
Court's wording
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.
The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
- Document
- Discovery extension request
Must include
- •Proposed order
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
When uniform child support guidelines apply, the accepted-form worksheet and financial affidavits must be completed, filed in non-contested cases, and offered as exhibits in contested cases.
Court's wording
As long as application of uniform child support guidelines is required under § 40-4-204, Montana Code Annotated, a guidelines worksheet and financial affidavit(s), in accepted form, must be completed. In non-contested cases, these documents must be filed as required by § 46.30.1515 Administrative Rules of Montana. In contested cases, these documents must be offered into evidence as exhibits.
A child-support modification petition must state whether the requesting party knows the child is receiving or applying for public assistance; if so, the petitioner must promptly notify the named offices in writing and file proof of notice.
Court's wording
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division and the State Attorney General’s Office, in writing of the pending action and file proof of such notice with the Clerk of Court.
The petition must tell the agency to deliver true and correct copies of the requested information or file its response within 20 days after service.
Court's wording
The petition shall inform the requesting agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail.
An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Initial bail request
Must include
- •Proposed order
Counsel who intend to proffer an Alford Plea under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
The public-defender application must inform indigent applicants that reimbursement may be required and include their agreement to report substantial changes in financial circumstances.
Court's wording
This application shall inform those claiming indigence that reimbursement for all or portions of costs incurred by the State Montana in providing appointed counsel may be required and shall contain the applicant’s agreement to diligently inform the Office of the Public Defender of any substantial change in the reported financial conditions.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within twenty (20) days in writing.
All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.
When a certificate of deposit is used in place of a bond, it must meet the stated account, interest, withdrawal, bank-consent, and delivery requirements.
Court's wording
In such event, the certificate of deposit must be in the name of the Clerk of Court as trustee for the minor or incapacitated person, interest must automatically accrue and be reinvested, the certificate cannot be cashed without prior court order, the bank must expressly consent to these limitations, and the certificate of deposit must be delivered to the Clerk of Court for safekeeping, to be delivered upon the conservatorship estate being terminated.
A bond must be posted in all conservatorship actions unless good cause is shown for not requiring the same. Good cause for not requiring a bond exists if the total estate of the conservatorship is invested in a certificate of deposit in a local bank and fully insured by FDIC.
Oral argument will not be set on summary judgment motions unless requested, a party. In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.
In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof of ending balance.
Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
Filing & Service rules
Electronic Filing Rules
The filer is responsible for ensuring that the original is timely received and filed by the Clerk.
The party filing the telefaxed or electronic document shall be responsible to assure the original is timely received and filed by the Clerk.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Except for documents containing only the attorney’s signature, the filer must mail the original to the Clerk by first-class mail on the transmission date.
All other parties telefaxing or electronically submitting a document shall, on the date of the transmission, mail the original of the document to the Clerk of Court by first class mail.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Documents that may be filed by mail may instead be submitted by telefax or electronic transmission under the stated procedure.
Any document which may be filed by mail may be submitted by telefax or electronic transmission using the following procedure.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Filing Timing and Cure Windows
If the Clerk does not timely receive the signed original, the faxed or electronically submitted document may be struck and will have no force or effect.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed or electronically submitted document and thereupon, it shall have no force or effect whatsoever.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
A faxed or electronically transmitted document is filed at the date and time the Clerk of Court receives it.
The date and time of the Clerk of Court’s receipt of the telefax and rescheduling. or electronically transmitted document shall be the date and time of filing.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
A scheduling order must be issued no more than 120 days after the complaint is filed.
Rule 16(b), M.R.Civ.P. requires a scheduling order to be issued no more than 120 days after filing of complaint.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
Settlement documents must be prepared and filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 3 | Settlement Documents
Notice must be filed when a discharge or confirming bankruptcy plan supersedes a claim in this Court; after filing, a party may request dismissal.
Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.
Page 4 | RULE 27 - BANKRUPTCY
An order of temporary investigative authority and protective services may not extend beyond 90 days.
An order of temporary investigative authority and protective services issued under § 41-3-433, Montana Code Annotated shall not extend beyond 90 days.
Page 4 | RULE 25 - YOUTH IN NEED OF CARE
When a case is transferred to District Court, the County Attorney must ensure that bail furnished to a Justice or City Court is delivered to the Clerk by the initial appearance.
Whenever bail has been furnished to a Justice or City Court and the cause is transferred to District Court, the County Attorney shall assure bail is delivered by the Justice or City Court to the Clerk of Court by the initial appearance.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Unless the defendant effectively waives it, the PSI must be completed and filed no later than 10 days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The requesting agency must deliver the requested information or file its response within 20 days after service.
The petition shall inform the requesting agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Page 4 | RULE 26 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
A party must respond in writing to a Court status-report request within 20 days.
Parties are to comply with such request within twenty (20) days in writing.
Page 5 | RULE 34 - DISMISSAL OF ACTIONS FOR LACHES
Service and Proof of Service Rules
If the original is not served on the transmission date, service must be made under Rule 5, M.R.Civ.P.
Should the original of the telefaxed or electronically filed document not be served on the same day as transmittal, service of the document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
If the specified public-assistance circumstance applies, the petitioner must notify the Child Support Enforcement Division and Attorney General’s Office in writing and file proof of notice with the Clerk.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division and the State Attorney General’s Office, in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 3 | RULE 23 - MARITAL DISSOLUTION CASES
The petitioner must serve a copy of a petition to release confidential criminal justice information on each agency maintaining that information.
A copy of any petition for the release of confidential criminal justice information under §§ 44-5-111 and 44-5-303, MCA, shall be served by petitioning party upon each agency maintaining such information.
Page 4 | RULE 26 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Unless there is an emergency, prosecutors must deliver charging documents to the accused or counsel at least 24 hours before arraignment.
In the absence of an emergency, and to assist in the speedy administration of justice in the District Courts, prosecutors shall deliver a copy of any charging documents to the accused and/or his counsel at least 24 hours prior to the time set for arraignment in order that the accused may review them and make an informed plea at arraignment.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Filing Fees and Waivers
Filing by fax or electronic means does not change or delay payment of fees required by the Clerk.
Filing documents by telefax or by electronic means shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Copying costs must be paid in advance to the requested agency before information is disseminated.
Dissemination shall be subject to copying costs paid in advance to the requested agency.
Page 4 | RULE 26 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Courtesy Copy Requirements
Copies of all standard-size exhibits must be prepared in advance for the judge and opposing counsel.
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
Page 3 | RULE 21 - TRIAL PRACTICE
Sealing & Redaction Procedures
The Court may deny a request to seal sensitive settlement information when disclosure is in the public interest.
The court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 3 | Sealing Confidential Information
Adjournment & Extension Requirements
An ex parte request to continue a matter set by court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, Uniform District Court Rules.
Page 1 | RULE 17 - LAW AND MOTION
A discovery-deadline extension requires a court order on written request stating discovery completed, reasons for missed deadlines, and opposing counsel’s position, accompanied by a proposed “Amended Discovery Order” with new deadlines.
Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request. The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
A trial continuance request must be made by written motion stating specific reasons and whether other parties oppose; granting a continuance is within the judge’s discretion.
Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance. Continuances are addressed to the discretion of the judge.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
The defendant must comply with the statutory disclosure deadlines or seek an extension as permitted by the statute.
Defendant shall comply with disclosure deadlines under § 46-15-323, Montana Code Annotated or seek extension as allowed thereunder.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Chambers Communication Rules
Counsel or parties must notify the Court Administrator by noon on the preceding business day about matters to be placed on the law and motion calendar.
Counsel or parties shall notify the Court Administrator by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | RULE 17 - LAW AND MOTION
Unless the Judge schedules them, contested fact matters and matters requiring more than 30 minutes must be scheduled through the Court Administrator at the listed number.
Unless scheduled by the Judge, contested matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court Administrator at (406) 323-1701.
Page 1 | RULE 17 - LAW AND MOTION
Scheduling, court-appointed counsel, and transcript inquiries must be referred to Court Administrator Derinda Hazelton at the listed contact details.
All inquiries concerning the scheduling of matters, court appointed counsel assignments, and requests for transcripts MUST, in order to avoid conflicts, be referred to Derinda Hazelton, 506 Main Street, Roundup, Montana 59072; Telephone: 406-323-1701, Fax: 406-323-1710.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
Anyone seeking a conference with the judge must first check in with the Court Administrator.
All persons seeking a conference with the judge MUST, in order to avoid conflict, first check in with the Court Administrator Derinda Hazelton.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
If a case settles before trial without documentation, the parties must promptly inform the Court in person or by conference call.
If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled.
Page 3 | Settlement Documents
A party filing for bankruptcy protection must immediately notify the Court in writing and provide a copy of the bankruptcy cover sheet.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Page 4 | RULE 27 - BANKRUPTCY
Counsel may withdraw a matter placed on the law and motion calendar by previously notifying the Court Administrator.
Counsel may withdraw from the law and motion calendar any matter placed thereon solely by reason of their prior notification to the Court Administrator.
Page 1 | RULE 17 - LAW AND MOTION
A moving party may present an emergency matter to the court at any time upon an adequate showing.
Emergency matters may be presented to the court at any time upon adequate showing by moving party.
Page 1 | RULE 17 - LAW AND MOTION
A party who believes a potentially violent situation may arise should notify the assigned judge and court administrator sufficiently in advance to permit security measures.
In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, should notify the assigned judge and court administrator sufficiently in advance so that appropriate security measures can be taken.
Page 2 | RULE 19 - SECURITY
After any allowed briefing or additional-filing period, parties may—and are encouraged to—send a reminder letter containing only a brief description of the matter and the date it was made or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
Parties should ask the Court at the final pretrial conference which stock instructions need to be duplicated.
Parties should inquire of the Court at the final pre-trial conference of any conference. stock instructions which need to be duplicated.
Page 3 | RULE 21 - TRIAL PRACTICE