Golden Valley County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Oral argument request

In civil cases, a request for oral argument on motions other than summary judgment motions must state specific reasons.

In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certificate of service must state that the fax or electronic transmission was sent to the Clerk and give the transmission date.

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.

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement summarizing the case and each side’s strengths and weaknesses.

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.

CRITICAL

Applies to

Status report

Parties must provide written status reports when requested by the Court, within 20 days of the request.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a variance must furnish written proposed findings addressing the claim that clear and convincing evidence supports the variance.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Order

All orders must prohibit a conservator from borrowing estate funds without prior court approval.

All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.

CRITICAL

Applies to

Mediation agreement

A mediation agreement must promptly be reduced to writing, and after the parties execute it, a written status report must be filed with the Court.

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.

CRITICAL

Applies to

Scheduling order

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.

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.

CRITICAL

Applies to

Order to show cause temporary restraining or like order

Two copies of an order to show cause, temporary restraining order, or like order must be presented; one is retained and the duplicate original returned for service if accepted.

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.

CRITICAL

Applies to

Law and motion calendar submission

A matter cannot 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.

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.

CRITICAL

Applies to

Petition for release of confidential criminal justice information

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.

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.

CRITICAL

Applies to

Child support guidelines worksheet and financial affidavits

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.

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.

CRITICAL

Applies to

Cash bail transfer

A transfer of cash bail to District Court must identify the person or party who posted it.

If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail.

CRITICAL

Applies to

Trial postponement motion

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.

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.

CRITICAL

Applies to

Certificate of deposit

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.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

Counsel must prepare and submit an Omnibus Hearing Memorandum for Court approval.

An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval.

CRITICAL

Applies to

Petition to modify child support

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.

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.

CRITICAL

Applies to

Motion or brief

Motion and brief titles must identify the submitting party and briefly describe the subject.

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.

CRITICAL

Applies to

Initial bail request

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written recommendations for bail pending initial appearance.

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.

CRITICAL

Applies to

Bond

A bond must be posted in conservatorship actions unless good cause is shown; good cause exists when the estate is invested in a fully FDIC-insured certificate of deposit at a local bank.

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.

CRITICAL

Applies to

Alford plea

Counsel proffering an Alford plea must present a factual basis showing good reason for the Court to accept it.

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.

CRITICAL

Applies to

Discovery extension request

Must include

proposed order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” containing proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

CRITICAL

Applies to

Public defender application

The public-defender application must inform indigent applicants that reimbursement may be required and include their agreement to report substantial changes in financial circumstances.

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.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notification to the Court must include 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.

CRITICAL

Applies to

Proposed order

A party seeking an order must present a separate proposed order before the hearing or action, and its title must reference the underlying motion when applicable.

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.

WARNING

Applies to

Annual accounting

No annual accounting is required when the specified certificate-of-deposit arrangement applies.

In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

WARNING

Applies to

Oral argument request

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.

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.

WARNING

Applies to

Order

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

INFO

Applies to

Annual accounting

An annual accounting may be submitted informally by letter with the location of all accounts, proof of beginning and ending balances, and an itemization of income and expenses.

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.

CRITICAL

Applies to

Plea agreement

A plea agreement must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.