Judith Basin County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Parenting case notice

Every parenting case must include a Petitioner’s notice stating the CSSD status and case number or providing the most recent CSSD order.

All parenting cases shall include a notice by the Petitioner of the status and case number for CSSD or the most recent CSSD order.

CRITICAL

Applies to

Omnibus memorandum

A discovery dispute does not excuse completing the omnibus memorandum.

Disputes about discovery are not a basis for refusal to complete the omnibus memorandum.

CRITICAL

Applies to

Sourced proposed jury instructions

A sourced set of proposed instructions must identify the requesting party, be consecutively numbered, cite its source, and include any supporting authority.

A “sourced” set of proposed instructions shall indicate the party on whose behalf it is requested, be numbered consecutively, and contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.

CRITICAL

Applies to

Sensitive case form

When filing the listed petitions, the Petitioner or Co-Petitioners must file a sensitive case form containing the parties’ and minor children’s full names, full birth dates, and Social Security numbers.

At the time of filing a petition for dissolution, invalidity of marriage, petition for legal separation, or petition for parenting plan the Petitioner or the Co-Petitioners shall file a sensitive case form which sets forth the parties and minor children’s full names, full dates of birth, and social security numbers.

WARNING

Applies to

Uncontested matter filings

Must include

proposed order

In uncontested matters, findings of fact, conclusions of law, and a proposed order should be filed with the Clerk at least 48 hours before the hearing, unless that is not reasonable.

In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.

WARNING

Applies to

Brief attachments

A party may not attach an entire deposition or set of interrogatory responses when the brief references only part of that discovery.

(i) Parties may not attach an entire deposition or set of responses to interrogatories when only a portion of the discovery is referenced to in a brief.

WARNING

Applies to

Proposed order

Proposed orders for emergency filings should be properly filed with the Clerk of Court as well as emailed to the Court Administrator in .doc or .docx format.

Proposed orders for emergency filings should be properly filed with the Clerk of Court as well as emailed to the Court Administrator in .doc or .docx format.

WARNING

Applies to

Hearing exhibits

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

WARNING

Applies to

Sensitive case form

If a sensitive case form is not submitted, the Clerk of Court may refuse to file the petition or responsive documents.

If a sensitive case form is not submitted, the Clerk of Court may refuse to file the petition or responsive documents.

WARNING

Applies to

Acknowledgement of rights

The Defendant should use best efforts to review and file an Acknowledgement of Rights before or at the initial appearance or arraignment.

Defendant shall use his/her best efforts to review and file with the Court an Acknowledgement of Rights prior to or at the initial appearance/arraignment.

WARNING

Applies to

Written communication

After court correspondence is returned undeliverable, the attorney or self-represented party should provide a current service address in writing within sixty days to avoid possible dismissal.

The Court may dismiss a matter without prejudice if a document directed to the attorney or self-represented party by the Court or the Clerk of Court has been returned as not deliverable and the Court or Clerk of Court fails to receive within sixty (60) days of this return a written communication from the attorney or self-represented party indicating a current address for service.

WARNING

Applies to

Status report

If the Court requires a status report, the parties must file it within the allotted time or risk dismissal or other orders.

Upon review of the record the Court may require a status report or other filings, or the action may be dismissed with or without prejudice by the Court on its own motion, after the giving of twenty (20) days notice of such intended dismissal, unless good cause shown. If status reports are required and the parties do not file a status report within the allotted time frame the Court may dismiss the matter or issue further appropriate orders.

WARNING

Applies to

Motion

For a motion requesting an examination under Mont. Code Ann. § 46-14-202, defense counsel must be prepared to identify the proposed qualified professional’s name and business address and discuss that professional’s availability.

Upon motions under Mont. Code. Ann § 46-14-202, requesting examination, Defendant's counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination.

WARNING

Applies to

Subsequent filing referencing attachment

Attachments may be filed only once; later use must reference the document name, filing date, and docket number.

Exhibits, appendices, and other attachments (hereinafter “attachments”) to pleadings, motions, and other papers shall be filed with the Court only once; subsequent use of such attachments shall be by reference to the document name, filing date, and docket number.

CRITICAL

Defendants seeking court-appointed counsel because of indigence must complete the OPD application process under its rules and procedures and the cited statute.

Defendants desiring Court-appointed counsel due to indigence shall complete the application process with the OPD, pursuant to its Rules and Procedures and Mont. Code Ann. § 47-1-111.