Judith Basin County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Pleading

A pleading incorporating a jury-trial demand must indicate the demand in both its title and body.

When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.

CRITICAL

Applies to

Motion to postpone trial

A motion to postpone trial because a witness or evidence is absent must be supported by an affidavit meeting the stated statutory grounds.

Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under Mont. Code Ann. § 25-4-501, 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, or pursuant to Mont. Code Ann. § 46-13-202, if the interests of justice require it.

CRITICAL

Applies to

Proposed order

Proposed orders must replace the traditional signature block with “ELECTRONICALLY SIGNED AND DATED BELOW.”

The traditional signature block shall be replaced with: ELECTRONICALLY SIGNED AND DATED BELOW.”

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must provide written proposed findings addressing clear and convincing evidence.

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

Notice of settlement

If a case settles before the trial date, the parties must promptly file a notice.

If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.

CRITICAL

Applies to

Plea agreement

Plea agreements under Mont. Code Ann. § 46-12-211 must be written, signed by counsel and the Defendant, and filed with the Clerk of Court.

Plea agreements under Mont. Code Ann. § 46-12-211, must be reduced to writing, signed by counsel and the Defendant, and filed with the Clerk of Court.

CRITICAL

Applies to

Cssd order

The parties must file the CSSD order with the Court.

The parties must file the CSSD order with the Court.

CRITICAL

Applies to

Document offered for filing

Must include

certificate of service

Documents requiring a certificate of service must have a complete certificate of service attached.

Proper documentation demonstrating service has been made 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 complete certificate of service attached. The Clerk of Court may reject and return all documents that are not in compliance without further order of the Court.

CRITICAL

Applies to

Bankruptcy discharge or confirmation notice

Notice of a bankruptcy discharge or confirmation of a reorganization plan superseding a claim in this Court must be filed.

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed

CRITICAL

Applies to

Document filed under seal

Anyone filing a document under seal certifies that sealing is appropriate to the best of their knowledge, information, or belief, whether or not prior leave was obtained.

Any person who files a document under seal, with or without prior leave, certifies that sealing is appropriate to the best of the person’s knowledge, information, or belief.

CRITICAL

Applies to

Motion notice to withdraw

A motion or notice to withdraw must include the parties’ updated telephone number and mailing or physical address before the Court will consider it or direct a service-matrix update.

Further, counsel that desires to withdraw shall include in their Motion/Notice the parties updated contact information, including telephone number and mailing/physical address, before the Court will consider the Motion or direct the Clerk of Court’s Office to update the case service matrix

CRITICAL

Applies to

Certificate of completion

When parents complete a court-ordered parenting class, they must file a certificate of completion with the Court.

In such cases, when the class is complete, the parents must file a certificate of completion with the Court.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted separately using the “Proposed Document” filing type and must omit a footer or signature block for the Judge’s signature.

Be submitted as a separate document under the filing type “Proposed Document” and shall not have a footer or signature block for the Judge’s signature.

CRITICALCivil cases

Applies to

Certificate of completion

The Certificate of Completion must be filed with the Clerk of District Court.

The Certificate of Completion must be filed with the Clerk of District Court.

CRITICAL

Applies to

Case reopening

A case closed for lack of prosecution may be reopened only by filing an appropriate document, and judicial action requires good cause.

Cases which have been closed for lack of prosecution shall only be reopened by filing an appropriate document. No judicial action will be taken in the case or part thereof unless good cause is shown.

CRITICAL

Applies to

Motion

A motion for leave to amend or supplement a pleading must include the proposed pleading as an exhibit.

When a party moves for leave to amend or supplement a pleading, the proposed pleading must be attached to the motion as an exhibit.

CRITICAL

Applies to

Motion

A party filing a motion when a full briefing schedule is not possible must request a shortened schedule and state the adverse party's position.

If a party submits a motion at a time that does not allow a full briefing schedule, the party filing the motion shall request a shortened briefing schedule and indicate the adverse party’s position about a shortened briefing schedule.

CRITICAL

Applies to

Annual accounting

A conservator must file an annual accounting unless the Court waives that requirement by order.

In conservatorship matters an annual accounting is required unless waived by Court Order.

CRITICAL

Applies to

Proposed jury instructions

Counsel must ensure proposed jury instructions correctly reflect the parties’ names, genders, and singular or plural status.

Counsel shall ensure that proposed jury instructions are correct with respect to the parties name and gender and as to whether parties are singular or plural.

CRITICAL

Applies to

Brief

A filing using the 6,500-word alternative must include a certification of compliance stating the word count and document line spacing; the quoted requirement continues beyond this excerpt.

(1) Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices) if accompanied by a certification of compliance which states the word count and the documents line spacing and states:

CRITICAL

Applies to

Notice of issue

The moving party must file a notice of issue after all motions are fully briefed.

The moving party is required to file a notice of issue after all motions have been fully briefed.

CRITICAL

Applies to

Joint notice

Unless the scheduling order's last deadline sets a conference or trial date, the parties must file a joint notice stating whether the matter is ready for trial or further scheduling.

Unless the last deadline in a scheduling order sets a conference or a trial date, it must require the parties to file a joint notice stating the matter is ready for trial or further scheduling.

CRITICAL

Applies to

Settlement documents

Settlement documents must be prepared and filed within 30 days.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Applies to

Presentence investigation report

A PSI must be completed and its original filed with the Court unless the Defendant effectively waives it.

Unless effectively waived by a Defendant, a Presence Investigation Report (PSI) shall be completed and the original filed with the Court.

CRITICAL

Applies to

Proposed arrest warrant

Each proposed arrest warrant must include proposed bond and conditions.

All proposed arrest warrants shall include proposed bond and conditions.

CRITICAL

Applies to

Motion

If a party objects, the motion must state whether the objecting party will file a written objection.

In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.

CRITICAL

Applies to

Motion for leave to file overlength brief

A motion for leave to file an overlength brief is disfavored, requires good cause, and must state the additional pages sought and why the extra length is necessary.

motions seeking leave to file an overlength brief are disfavored and will only be granted for good cause. Motions must include the number of additional pages and detail why an overlength brief is necessary.

CRITICAL

Applies to

Zoom appearance motion

Counsel may not appear by Zoom for a defendant’s guilty plea or sentencing unless an appropriate motion including the client’s consent is filed.

If a Defendant is entering a guilty plea or being sentenced, their counsel is not permitted to appear by Zoom unless an appropriate motion is filed that includes their client’s consent.

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement to the settlement judge, mediator, or master summarizing the case and each side’s strengths and weaknesses.

Each party will submit to the settlement judge/ mediator/ master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a conforming proposed order filed as a separate document, whether contested or not.

Proposed orders (uncontested or otherwise) shall accompany the motion as a separate document and must conform as set forth above.

CRITICAL

Applies to

Status report

The parties must file a written status report with the Court upon executing a mediation agreement.

upon execution by parties, a written status report shall be filed with the Court.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be promptly reduced to writing.

Any agreement reached in mediation shall be promptly reduced to writing

CRITICAL

Applies to

Notice of appearance

Defense counsel must immediately file a notice of appearance upon assignment or reassignment.

Defense counsel shall immediately file a notice of appearance upon assignment or reassignment.

CRITICAL

Applies to

Emergency filing

For a filing submitted by fax or email, identify it as an emergency on the cover sheet or in the email subject line.

If filing by fax or email, note the filing is an emergency in the cover sheet or subject line of the email.

CRITICAL

Applies to

Criminal history

The listed standing order requires criminal history to be filed in new district court matters.

(4) Criminal History filed in new DC matters (Fergus Co. SB-18-26, Judith Basin Co. SB-18-4, Petroleum Co. SB-18-7)

CRITICAL

Applies to

Motion and affidavit for leave to file information

The County Attorney must state in the Motion and Affidavit for Leave to File Information whether OPD was appointed or defense counsel was assigned in a lower-court proceeding.

If OPD has been appointed or if defense counsel has been assigned in a lower court proceeding, the County Attorney shall include such information in their Motion and Affidavit for Leave to File Information.

CRITICAL

Applies to

Petition to modify child support

A petition commencing a child-support modification proceeding must state whether the requesting party knows that the child is receiving or applying for public assistance.

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 CSSD in writing of the pending action and file proof of such notice with the Clerk of Court.

CRITICAL

Applies to

Motion for leave to file information

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and include lower-court bond and conditions and/or recommendations for bail and release conditions pending the initial appearance.

At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order and shall include any bond and conditions that were imposed in the Justice or City Court and/or provide recommendations for bail and conditions of release, pending initial appearance.

CRITICAL

Applies to

Bankruptcy notice

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.

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

Status report

An estate status report must explain why the estate is not ready to close and estimate the time remaining to close it.

Accordingly, in keeping with the Local Court Rules the Personal Representative will have a period of ninety (90) days from the date of this Notice to either close the estate, or in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed. Such Status Report shall include the estimated time remaining to close the Estate.

CRITICAL

In the specified proceedings involving a temporary protection order, counsel for the Petitioner or the lower-court Petitioner must move the lower court to transfer the matter to the District Court.

When any action for declaration of invalidity of marriage, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a temporary order of protection in a court of limited jurisdiction, counsel for the Petitioner or the party who is the Petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to transfer the matter to the District Court.

CRITICAL

Applies to

Stipulation or agreement

Stipulations and agreements between parties or their attorneys must be made on the record and reduced to writing.

Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.

CRITICAL

Applies to

Motion

In the event of a dispute as to the appropriate temporary custodial parent or interim parenting plan, either party may file an appropriate motion and indicate whether a hearing is necessary.

In the event of a dispute as to the appropriate temporary custodial parent or interim parenting plan, either party may file an appropriate motion and indicate whether a hearing is necessary.

CRITICAL

Applies to

Motion to extend deadlines

Must include

proposed order

A request to extend deadlines must include a proposed order stating the proposed new deadlines.

The request must be accompanied by a proposed order containing proposed new deadlines.

CRITICAL

Applies to

Motion

Counsel must coordinate with the detention facility and, if it cannot accommodate the hearing, provide available dates and times to the Court in an appropriate motion.

It is the responsibility of counsel to make arrangements with the detention facility to ensure they are able to accommodate such hearing. If the detention facility cannot accommodate the hearing, counsel shall determine what dates and times such hearing can be accommodated and provide that information to the Court in an appropriate motion.

CRITICAL

Applies to

Court order

All orders shall contain provisions requiring conservators to file an annual accounting.

All orders shall contain provisions requiring conservators to file an annual accounting.

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

Motion

Must include

certificate of conference

Each motion must include a prefatory certification that the other parties were contacted and whether they object.

In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.

CRITICAL

Applies to

Notice of substitution

When a party changes attorneys, the outgoing attorney must file a notice of substitution signed by the incoming and outgoing attorneys and the client.

When a party changes attorneys, a notice of substitution signed by the incoming and outgoing attorney and client must be filed by the outgoing attorney.

CRITICAL

Applies to

Sensitive case form

If the Petitioner does not know any required information, the Petitioner must indicate that on the form.

If the Petitioner is unaware of any of that information they shall indicate such on the form and the Respondent will be required to file a sensitive case form with any information that was incorrect or unknown to Petitioner.