Lake County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
Pleadings and briefs other than initial pleadings are limited to 20 pages excluding attachments, or alternatively 6,500 words subject to specified exclusions and a compliance certification; additional pages require leave and good cause, and serial motions intended to evade the limit may be summarily denied.
- Pleadings and briefs except initial pleadings
- Up to 20 pages or 6,500 words
Excluded from the limit
- •Attachments
- •Caption
- •Signature block
- •Certificates
- •Table of contents
- •Table of authorities
- •Appendices
- •Exhibits
Court's wording
Pleadings/briefs, except initial pleadings, in all cases shall be limited to 20 pages, not including attachments. Additional pages may be filed only with leave of the Court and with good cause showing. Serial motions filed for the purpose of evading the 20-page limitation may result in summary denial of all such motions. 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 or exhibits) if accompanied by a certification of compliance which states the word count and the document’s line spacing and states either: (1) the document is proportionately spaced, together with the typeface and point size; or (2) the document uses a monospaced typeface, together with the number of characters per inch. A party may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document’s length.
Document Format Requirements4 rules
Please refer to Montana Uniform District Court Rule 1, except that the font size shall be no smaller than 11 point. Any pleading filed in any action which does not conform to Rule 1 of the Montana Uniform District Court Rules shall not be filed by the Clerk and shall be returned to the party submitting it.
Proposed orders accompanying motions filed via e-filing must be submitted in .doc, .docx, or .pdf format.
Court's wording
All such motions filed via e-filing shall include a proposed order that is submitted in .doc, .docx, or .pdf format and that replaces the traditional signature block with the following: “ELECTRONICALLY SIGNED AND DATED BELOW.”
Unless otherwise ordered by the Court, plaintiffs/petitioners shall use numbers to identify their exhibits, and defendants/respondents shall use letters.
The copy of the Plea Agreement provided to the Judicial Assistant must be in Word format.
Court's wording
If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.
Document Filing Requirements20 rules
A filing using the 6,500-word alternative must include a compliance certification stating its word count and line spacing, plus the specified typeface and point size or monospaced characters per inch.
Court's wording
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 or exhibits) if accompanied by a certification of compliance which states the word count and the document’s line spacing and states either: (1) the document is proportionately spaced, together with the typeface and point size; or (2) the document uses a monospaced typeface, together with the number of characters per inch.
All motions filed, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order which contains a cc: at the bottom of the Order which includes the full name of each attorney/party to be served.
- Document
- Motion
Must include
- •Proposed order
Motions filed via e-filing must include a proposed order with the specified signature wording.
- Document
- Motion
Must include
- •Proposed order
- •ELECTRONICALLY SIGNED AND DATED BELOW
Court's wording
All such motions filed via e-filing shall include a proposed order that is submitted in .doc, .docx, or .pdf format and that replaces the traditional signature block with the following: “ELECTRONICALLY SIGNED AND DATED BELOW.”
Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers’ resolution conference was held and shall advise whether or not the case was settled.
proposed orders shall include copies and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk. Unless other arrangements are made with the Clerk, if self-addressed, stamped envelopes are not included, the Clerk of Court must reject the filing.
The settlement master must file a report of the master-supervised conference and its result within five days after completion.
Court's wording
Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Assistant to advise that the case has settled so that any action on court hearings or pending motions can be vacated and within five days file a report of the conference and its result.
If a document is presented during trial/hearing, copies of the document must be presented to the Judge and to opposing counsel.
The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice of the Peace or Judge transfers the case to the District Court;
b. The County Attorney must deliver to the Justice of the Peace a duplicate copy of such request;
When proceeding by direct information in this circumstance, the County Attorney must file a written request with the Justice of the Peace asking for transfer of the bail.
Court's wording
2. Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has the original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a Motion for Leave to File an Information direct, the following procedure must be compiled with: a. The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court;
The duplicate copy of the request must be filed with the Clerk of District Court.
The Justice of the Peace must endorse the nature of the bail on both copies of the request and forthwith transfer the bail to the District Court.
Court's wording
c. The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail and must forthwith transfer the bail to the District Court as provided in a. or b. above.
c. If the bail furnished was a bail bond or other bail as permitted by 46-9-401, MCA, the Justice of the Peace or Municipal Judge must deliver the actual documents furnished as bail to the Clerk of District Court.
b.If the bail furnished was cash bail, the Justice of the Peace or Municipal Judge must present a proper check, warrant or draft for the full amount of the bail.
An execution for support or maintenance payments must be supported by an affidavit stating the specified facts and detailing the delinquency.
Court's wording
Executions will not be issued unless supported by an affidavit affirmatively showing that the parties have not entered into any arrangements not contemplated by the decree of dissolution, that they are not living together, that payments were required to have been made at the office of the Clerk of Court and that the payments are delinquent. Details of the delinquency must be specifically set forth therein.
Official court transcripts may not be attached to briefing filed by any party without prior authorization from the court reporter.
In a criminal proceeding the Order for Leave to File an Information must be signed and filed within 10 days for defendants in custody and within 30 days for defendants not in custody.
The parties must provide a copy of the Plea Agreement stating the requested waiver or other notice of a desire to waive.
Court's wording
If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.
All motions filed by pro se parties, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order which contains a cc: at the bottom of the Order which includes the full name of each attorney/party to be served.
- Document
- Motion
Must include
- •Proposed order
All motions with proposed orders shall include copies of the proposed Order and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk. Unless other arrangements are made with the Clerk, if self-addressed, stamped envelopes are not included, the Clerk of Court must reject the filing.
Filing & Service rules
Electronic Filing Rules
When e-filing, filers must select the closest or actual document name from the drop-down list in every prompt.
When e-filing, the closest/actual name of the document being e-filed will be selected by the e-filer from the drop down list in all of the prompts.
Page 3 | RULE 5 – PLEADINGS AND BRIEFS
Filing Timing and Cure Windows
Unopposed motions to continue or vacate a law-and-motion hearing are due by noon the day before the law-and-motion date.
All unopposed motions to either continue or vacate a hearing on the law and motion calendar must be filed with the Clerk of Court by Noon the day before law and motion.
Page 1 | RULE 2 – LAW AND MOTION DAYS AND SCHEDULING
The certification about the lawyers’ resolution conference is due within ten days after the conference.
Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers’ resolution conference was held and shall advise whether or not the case was settled.
Page 3 | RULE 6 – SETTLEMENT CONFERENCES
The settlement master must file the conference report within five days after the conference is completed.
Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Assistant to advise that the case has settled so that any action on court hearings or pending motions can be vacated and within five days file a report of the conference and its result.
Page 4 | RULE 6 – SETTLEMENT CONFERENCES
Bail must be delivered to the Clerk of District Court when the case-transfer papers are filed.
a. At the time the papers transferring the case to the District Court are filed with the Clerk of District Court, the bail must also be delivered to the Clerk of District Court.
Page 5 | RULE 9 – CASH AND BAIL BONDS
The Justice of the Peace must transfer the bail to the District Court forthwith.
c. The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail and must forthwith transfer the bail to the District Court as provided in a. or b. above.
Page 5 | RULE 9 – CASH AND BAIL BONDS
The County Attorney must file the bail-transfer request with the Justice of the Peace contemporaneously with filing the motion in District Court.
2. Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has the original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a Motion for Leave to File an Information direct, the following procedure must be compiled with: a. The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court;
Page 5 | RULE 9 – CASH AND BAIL BONDS
For defendants in custody, the Order for Leave to File an Information must be filed within 10 days.
In a criminal proceeding the Order for Leave to File an Information must be signed and filed within 10 days for defendants in custody and within 30 days for defendants not in custody.
Page 9 | RULE 19 – LEAVE TO FILE INFORMATION
The parties must provide the required notice no later than 24 hours before sentencing.
If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.
Page 9 | RULE 18 – PLEA AGREEMENTS
Service and Proof of Service Rules
If attorneys appear by Zoom, the attorney(s) appearing remotely shall email any exhibits to opposing counsel and that Department’s Judicial Assistant two working days in advance of the hearing to ensure receipt.
If attorneys appear by Zoom, the attorney(s) appearing remotely shall email any exhibits to opposing counsel and that Department’s Judicial Assistant two working days in advance of the hearing to ensure receipt.
Page 4 | RULE 7 – SPECIFIC TRIAL/HEARING CONDUCT
Pro se parties must provide proof of service on all court filings, on the filing itself or in an accompanying document; the Clerk must reject filings lacking proof, except for documents requiring personal service after filing.
Pro Se parties must provide proof of service on all documents filed with the Court. Other than documents that require personal service after filing, the Clerk shall reject any filing that does not include on the documents itself or a document filed with it, proof of service on the other parties in the matter.
Page 11 | RULE 21 – PRO SE PARTIES
Sealing & Redaction Procedures
Court reporter transcripts submitted to the Clerk of Court are filed under seal without further court order.
Court reporter transcripts submitted to the Clerk of Court are ordered filed under seal with the Clerk of Court without further order of the Court.
Page 8 | RULE 16 – OFFICIAL RECORD OF COURT PROCEEDINGS
A complete transcript filed as an exhibit to a brief, affidavit, or other pleading must be filed under seal at the same time it is filed with the Clerk of Court.
Any complete transcripts filed as an exhibit to a brief, affidavit, or any other pleading is also filed under seal at the time of filing with the Clerk of Court.
Page 8 | RULE 16 – OFFICIAL RECORD OF COURT PROCEEDINGS
Adjournment & Extension Requirements
Unopposed motions to continue or vacate a law-and-motion hearing must be filed with the Clerk by noon the preceding day.
All unopposed motions to either continue or vacate a hearing on the law and motion calendar must be filed with the Clerk of Court by Noon the day before law and motion.
Page 1 | RULE 2 – LAW AND MOTION DAYS AND SCHEDULING
Chambers Communication Rules
When the case settles at the master-supervised conference, the settlement master must immediately contact the Judge’s Judicial Assistant so hearings or pending motions can be vacated.
Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Assistant to advise that the case has settled so that any action on court hearings or pending motions can be vacated and within five days file a report of the conference and its result.
Page 4 | RULE 6 – SETTLEMENT CONFERENCES
Attorneys appearing by Zoom must email exhibits to the Department’s Judicial Assistant two working days before the hearing.
If attorneys appear by Zoom, the attorney(s) appearing remotely shall email any exhibits to opposing counsel and that Department’s Judicial Assistant two working days in advance of the hearing to ensure receipt.
Page 4 | RULE 7 – SPECIFIC TRIAL/HEARING CONDUCT
A party who believes a potentially violent situation might arise must notify the assigned Judge and court bailiff sufficiently in advance.
In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, shall notify the assigned Judge and court bailiff sufficiently in advance so that appropriate security measures can be taken.
Page 5 | RULE 10 – COURT SECURITY
Communications to the Judge must go through the Judicial Assistant or Law Clerk; direct emails or calls are prohibited unless responding to the Judge’s direct email or call.
Communication to the Judge will go through their Judicial Assistant or Law Clerk (eg. visit, email, or telephone call). Direct emails or telephone calls to the Judge are prohibited, unless you are responding to the Judge who emailed or telephoned you directly.
Page 8 | RULE 15 – COMMUNICATIONS WITH THE COURT
Substantive discussions about pending or anticipated cases may not be ex parte without opposing counsel present or notified, or opposing counsel’s prior approval or stipulation; the prohibition also applies to the Judge’s staff, and violations may result in sanctions.
There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. A violation of this rule may result in sanctions against the offending party or attorney. 3. The same prohibition against ex parte contact with the judge applies to the Judge’s staff.
Page 8 | RULE 15 – COMMUNICATIONS WITH THE COURT
If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.
If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.
Page 9 | RULE 18 – PLEA AGREEMENTS
Correspondence to the Court must indicate on its face that copies were sent to opposing counsel.
The Court will not receive letters or other communication from counsel or parties that do not indicate on their face that copies have been sent to opposing counsel.
Page 8 | RULE 15 – COMMUNICATIONS WITH THE COURT
Court staff may not offer legal advice.
Court staff may not offer legal advice.
Page 8 | RULE 15 – COMMUNICATIONS WITH THE COURT
Letters and other communications to the Court must indicate on their face that copies have been sent to counsel or the parties in the matter.
The Court will not receive letters or other communication from parties that do not indicate on their face that copies have been sent to counsel/parties in the matter.
Page 11 | Pro Se Communication with the Court
Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court without the presence of or notice to all opposing counsel or parties, unless there is prior approval or a stipulation; violations may result in sanctions.
There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel/parties, or without prior approval or stipulation. A violation of this rule may result in sanctions against the offending party.
Page 11 | Pro Se Communication with the Court
The prohibition on ex parte contact with the judge also applies to the judge’s staff.
The same prohibition against ex parte contact with the judge applies to the Judge’s staff.
Page 11 | Pro Se Communication with the Court
Court staff may field calls and visits, as they deem appropriate, to help a self-represented party understand court procedures.
This does not prohibit Court staff from fielding calls and visits as they may deem appropriate to assist a pro se party in understanding the Court’s procedures.
Page 8 | RULE 15 – COMMUNICATIONS WITH THE COURT