Jefferson County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Dissolution proceeding

For a dissolution to proceed without a required personal appearance, a verified petition and uncontroverted affidavit with proof of service on the opposing party must be filed.

(a) there is filed a verified petition and uncontroverted affidavit, including proof of service upon the opposing party;

CRITICAL

Applies to

Dissolution proceeding

Must include

proposed order

For a dissolution to proceed without a required personal appearance, a completed vital statistics form, judgment fee, and proposed order must be provided.

(d) a completed vital statistics form, judgment fee, and proposed order are provided.

CRITICAL

Applies to

Exhibits

Four exhibit lists and four exhibits must be submitted: an original for the court file, a copy for the judge, and copies for the moving and other parties.

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).

CRITICAL

Applies to

Pre discovery disclosure

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.

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.

CRITICAL

Applies to

Child support order

Parent financial affidavits and uniform child support guidelines worksheets must be filed before any child support order is entered.

Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.

CRITICAL

Applies to

Jury instructions

Must include

caption, case number

Requested jury instructions must include a cover sheet with the case number, caption, title, signature, and praecipe.

Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.

CRITICAL

Applies to

Pre discovery disclosure

Absent leave of Court, a party must make the appropriate disclosure before seeking discovery, but may serve written discovery requests simultaneously with that disclosure.

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.

CRITICAL

Applies to

Document

Must include

certificate of service

A document requiring a certificate of service must have the certificate attached.

The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached.

CRITICAL

Applies to

Exhibits

A Notice describing the exhibits must accompany exhibits that cannot be e-filed.

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.

CRITICAL

Applies to

Motion

Motions must address stipulation or opposition when applicable, and motions requiring opposing-party contact will be rejected if they are silent on the matter.

All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.

CRITICAL

Applies to

Complaint or answer

A jury-trial demand must appear in the caption of the complaint or answer.

A demand for a jury trial must be included in the caption of the complaint or answer.

CRITICAL

Applies to

Pre discovery disclosure

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.

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.

CRITICAL

Applies to

Default judgment

A default judgment application must explain the calculation of the total claimed with interest, including the interest rate, per diem, and days accrued.

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.

CRITICAL

Applies to

Jury instructions

Each requested jury instruction must identify the party and use consecutive numbering.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A pro hac vice motion must include a proposed order, the State Bar application, and confirmation correspondence from the Bar Admissions Administrator.

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.

CRITICAL

Applies to

Dissolution proceeding

For a dissolution to proceed without a required personal appearance, the parties must have signed written agreements on all issues.

(c) there are signed written agreements on all issues; and

CRITICAL

Applies to

Notice of termination

After final disposition and expiration of the appeal period, counsel is relieved only after filing a notice of termination with the Clerk and serving it on the client and opposing party.

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.

CRITICAL

Applies to

Dissolution proceeding

For a dissolution to proceed without a required personal appearance, both parties must have counsel or the specified written certification must be provided.

(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;

WARNING

Applies to

Quiet title action

In a quiet title action, a party’s personal appearance may not be required if an affidavit of salient facts is filed and the opponents are in default.

(1) quiet title actions when an affidavit of the salient facts has been filed with the Court and the opponents are in default;

WARNING

If no action occurs within 12 months after a final decree or order in a Domestic Relations or Paternity case, counsel’s designation must be terminated unless the attorney notifies the Court otherwise.

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.

WARNING

Applies to

Probate proceeding

In probate proceedings, a party’s personal appearance may not be required if proper documentation has been filed and no interested party objects.

(2) probate of estates when proper documentation has been filed and there is no objection from any interested party; and