Jefferson County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- When extreme difficulties arise with a court-ordered date, the party must consult the opposing party and notify the Court by stipulation or motion describing contact efforts and the opposing party’s position.
Request must include
Communication
Clerk
Chambers
Phone
Fax
Clerk
Page & Word Limits1 rule
Briefs may not exceed 20 pages without leave of the Court for good cause demonstrated.
- Brief
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements8 rules
All motions, stipulations, etc. must be a separate document from the proposed order.
All proposed e-file Orders shall be filed in Word, as a separate document categorized as a Proposed Order in e-file, and shall not have a footer, or signature/date block for the judge.
Formatting
- •File in Word
- •Do not include a footer or a signature/date block for the judge
all documents must be properly signed and dated with the party’s copied or electronically generated signature;
(2) emailed documents must be in a PDF format and submitted as an attachment to an email.
- File type
Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
7.2 Writs of execution must include information in accord with the format available from the Clerk of Court or in a substantially similar form.
8.2 Exhibits must be pre-labeled as follows: (1) Plaintiff’s/Petitioner’s (Exhibit 1, 2, 3, etc.); or (2) Defendant’s/Respondent’s (Exhibit A, B, C, etc.).
Documents filed by email or facsimile are considered the originals. Mailed original documents are not required and duplicates may not be filed.
Formatting
- •Mailed original documents are not required
- •Duplicates may not be filed
Document Filing Requirements21 rules
The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached.
- Document
- Document
Include
- •Certificate of service
All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.
A demand for a jury trial must be included in the caption of the complaint or answer.
- Document
- Complaint or answer
- Placement
- Caption
The disclosure obligation continues throughout the case, and parties must supplement or correct incomplete or inaccurate disclosures within a reasonable time after learning of the issue.
Court's wording
The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
Absent leave of Court, a party must make the appropriate disclosure before seeking discovery, but may serve written discovery requests simultaneously with that disclosure.
Court's wording
Except with leave of the Court, a party may not seek discovery from any source before making an appropriate pre-discovery disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure. A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party.
All exhibits unable to be e-filed shall be delivered to the Clerk's office and shall be accompanied by a Notice describing the exhibits.
The pre-discovery disclosure must state the factual and legal bases of claims or defenses, identify knowledgeable individuals and relevant materials, compute claimed damages, and describe applicable insurance.
Court's wording
The disclosure must contain the following information: (a) the factual basis of each claim or defense advanced by the disclosing party; (b) the legal theory upon which each claim or defense is based, including, when necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name and, if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses and a summary of that information; (d) a copy of or a description, including the location and custodian, of documents or data compilations and tangible things and relevant documents reasonably likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment.
(a) there is filed a verified petition and uncontroverted affidavit, including proof of service upon the opposing party;
(d) a completed vital statistics form, judgment fee, and proposed order are provided.
Include
- •Proposed order
Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.
- Document
- Jury instructions
Must include
- •Caption
- •Case number
Each requested jury instruction must identify the party and use consecutive numbering.
Court's wording
Each requested instruction must be identified by party and consecutive number, e.g., “Plaintiff John Smith’s Requested Instruction No. 1,” “Plaintiff John Smith’s Requested Instruction No. 2,” and so forth.
An attorney seeking to appear pro hac vice shall file a motion and proposed order accompanied by a copy of the State Bar of Montana Pro Hac Vice Application and confirmation correspondence from the Bar Admissions Administrator.
- Document
- Motion
Must include
- •Proposed order
(c) there are signed written agreements on all issues; and
After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
(b) both parties are represented by counsel or there is written certification that the opposing party recognizes that counsel is appearing only for one party and consents to proceed without counsel;
8.3 Four exhibit lists, and four exhibits must be submitted as follows: (1) Court file/Clerk of Court (original); (2) Judge (copy); (3) moving party; and (4) other party(s).
- Document
- Exhibits
Must include
- •Exhibit list
Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.
7.1 An application for default judgment must show how the total claimed with interest has been calculated, including but not limited to the interest rate (prime rate as of January of that year per fedprimerate.com), per diem, and number of days accrued.
(1) quiet title actions when an affidavit of the salient facts has been filed with the Court and the opponents are in default;
If no action occurs within 12 months of entry of a final decree or order in a Domestic Relations or Paternity case, an attorney is no longer considered to be counsel of record in the case and the attorney’s designation as such must be terminated, unless the attorney provides notice to the Court otherwise.
(2) probate of estates when proper documentation has been filed and there is no objection from any interested party; and
Filing & Service rules
Electronic Filing Rules
Exhibits that cannot be e-filed must be delivered to the Clerk’s office with a Notice describing them.
All exhibits unable to be e-filed shall be delivered to the Clerk's office and shall be accompanied by a Notice describing the exhibits.
Page 2 | Rule 3 -- Filings
Cases must be e-filed unless specifically exempted; pro se litigants and the listed case types currently file under Rule 3.5, but must e-file when that option becomes available.
All cases shall be filed using e-filing unless specifically exempted. (1) All pro se litigants and DP (probate), DG (guardianship), DF (paternity), and DA (adoption) cases cannot be e-filed at this time. Filings in these matters shall be filed in accordance with rule 3.5. When efile becomes available for these filings, efile will be required.
Page 2 | Rule 3 -- Filings
Documents not currently accepted by e-filing may be filed in person, by email, or by fax, with a fee of $0.50 per page.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA.
Page 2 | Rule 3 -- Filings
Filing Timing and Cure Windows
The Clerk of Court’s Office must reject documents that do not comply with the filing rules.
Documents not filed in accordance with these rules shall be rejected by the Clerk of Court’s Office.
Page 2 | Rule 3 -- Filings
For civil trials, jury instructions are due 21 days before trial.
For civil trials jury instructions are due 21 days before trial.
Page 3 | Rule 4 -- Jury Instructions
For criminal trials, jury instructions are due seven days before trial unless the Court specifies otherwise.
For criminal trials jury instructions are due 7 days before trial unless otherwise noted by the Court.
Page 3 | Rule 4 -- Jury Instructions
The Clerk must return documents that do not comply with subsection 2.2 promptly and without further order.
The Clerk of Court shall return documents that are not in compliance with this subsection 2.2 forthwith and without further order.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Service and Proof of Service Rules
Documents offered for filing other than complaints must include documentation demonstrating service, and any document requiring a certificate of service must have it attached.
Proper documentation demonstrating service must accompany all documents offered for filing other than a complaint. The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Each party must serve an appropriate disclosure within 30 days after entry of the case scheduling order.
Each party shall serve an appropriate disclosure not later than 30 days after entry of the case scheduling order.
Page 2 | Rule 2 – Pleadings, Motions, Orders, and Discovery
The notice of termination must be served on the attorney’s client and the opposing party before counsel is relieved.
After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
Page 3 | Rule 5 – Attorneys
After termination, notice must be served on the opposing party under Rule 4(D), M. R. Civ. P.
Thereafter, notice must be served on the opposing party as provided in Rule 4(D), M. R. Civ. P.
Page 3 | Rule 5 – Attorneys
The Clerk may distribute orders and minute entries by email, and parties must provide the Clerk with the email addresses for those copies.
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. A party shall provide the Clerk of Court with the email address(es) to which copies of orders or minute entries are to be mailed.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
A party that electronically files any document is deemed to have consented in writing to electronic receipt of documents.
A party who has filed any document in the Court electronically is deemed to have provided written consent to receive documents electronically. (Rule 5(b)(2)(E), M. R. Civ. P.)
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Filing Fees and Waivers
Payment or proof of payment is required before the Clerk accepts or files a document.
Payment or proof of payment is required prior to the Clerk’s office accepting/filing any documents.
Page 3 | Rule 3 -- Filings
A judgment fee must be provided for a dissolution proceeding to proceed without a required personal appearance.
(d) a completed vital statistics form, judgment fee, and proposed order are provided.
Page 3 | Rule 6 -- No Appearance by Party Required
A $0.50-per-page fee must accompany documents submitted for filing through the listed non-e-filing methods.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA.
Page 2 | Rule 3 -- Filings
Adjournment & Extension Requirements
When extreme difficulties arise with a court-ordered date, the party must consult the opposing party and notify the Court by stipulation or motion describing contact efforts and the opposing party’s position.
In the event a party encounters extreme difficulties with a date ordered by the Court, the party shall consult with the opposing party and then advise the Court by stipulation or a motion stating the efforts to contact the opposing party and the opposing party’s position.
Page 1 | Rule 1 -- Law and Motion
Chambers Communication Rules
Parties must set and confirm hearing dates with the Clerk of Court.
A party shall set and confirm hearing dates with the Clerk of Court.
Page 1 | Rule 1 -- Law and Motion
Email filings under Rule 3.5(1) must be sent to the designated county Clerk of Court email address.
Documents submitted by email in accordance with 3.5(1) must be emailed to: Beaverhead County: clerkofcourt.beaverhead@mt.gov Jefferson County: dwoods@mt.gov Madison County: chill@mt.gov
Page 2 | Rule 3 -- Filings
Fax filings must be sent to the designated county Clerk of Court fax number.
Documents submitted by facsimile must be faxed to: Beaverhead County: (406) 683-3728 Jefferson County: (406) 225-4044 Madison County: (406) 843-5207
Page 2 | Rule 3 -- Filings
Jury instructions must be sent by email to Judicial Assistant Diane Kaatz.
Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
Page 3 | Rule 4 -- Jury Instructions
Those appearing via Zoom must notify the opposing party and Clerk of Court beforehand, and objections must be addressed before the hearing.
14.2 Attorneys, parties, and witnesses may appear via Zoom with prior notification to the opposing party and Clerk of Court. Any objections to Zoom appearance must be addressed prior to the hearing. Zoom information for each courthouse can be found on the Clerk of Court’s website and weekly schedule.
Page 5 | 14.2
Parents may obtain parenting plan guidelines from Diane Kaatz by either listed phone number or email, subject to different arrangements for special circumstances.
Parenting plan guidelines are available from Diane Kaatz at 406-843-4235, 406-683-3745, or dkaatz@mt.gov to assist parents in understanding what the Court generally believes is reasonable, unless special circumstances require a different arrangement.
Page 4 | Rule 13 -- Parenting Plan Guidelines