Lake County District Court, Montana Document Filing Requirements

Applies to

Case transfer order

The transfer order must state the amount and nature of the bail furnished.

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;

Applies to

Duplicate bail transfer request

The County Attorney must deliver a duplicate copy of the bail-transfer request to the Justice of the Peace.

b. The County Attorney must deliver to the Justice of the Peace a duplicate copy of such request;

Applies to

Affidavit supporting execution

An execution for support or maintenance payments must be supported by an affidavit stating the specified facts and detailing the delinquency.

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.

Applies to

Motion

Must include

proposed order

Pro se motions, except contested dispositive motions, must include a proposed order with a cc: at the bottom listing the full name of each attorney or party to be served.

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.

Applies to

Filing using word limit

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.

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.

Applies to

Motion

Must include

proposed order

Motions filed via e-filing must include a proposed order with the specified signature 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.”

Applies to

Settlement master report

The settlement master must file a report of the master-supervised conference and its result within five days after completion.

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.

Applies to

Bail transfer 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.

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;

Applies to

Certification

Within ten days after the lawyers’ resolution conference, the plaintiff/petitioner or counsel must submit a certification confirming the conference occurred and stating whether the case settled.

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.

Applies to

Duplicate bail transfer request

The duplicate copy of the bail-transfer request must be filed with the Clerk of District Court.

The duplicate copy of the request must be filed with the Clerk of District Court.

Applies to

Bail transfer request

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.

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.

Applies to

Proposed order

Proposed orders must include copies and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk; otherwise, the Clerk must reject the filing.

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.

Applies to

Motion

Motions with proposed orders must include copies of the proposed order and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk; otherwise, the Clerk must reject the filing.

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.

Applies to

Order for leave to file an information

The Order for Leave to File an Information must be signed.

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.

Applies to

Bail documents

For a bail bond or other permitted bail, the Justice of the Peace or Municipal Judge must deliver the actual bail documents to the Clerk of District Court.

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.

Applies to

Cash bail payment instrument

For cash bail, the Justice of the Peace or Municipal Judge must present a proper check, warrant, or draft for the full bail amount.

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.

Applies to

Document presented at trial or hearing

When a document is presented during trial or a hearing, copies must be given to the Judge and opposing counsel.

If a document is presented during trial/hearing, copies of the document must be presented to the Judge and to opposing counsel.

Applies to

Motion

Must include

proposed order

Motions other than contested dispositive motions must include a proposed order with a cc: at the bottom listing the full name of each attorney or party to be served.

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.

Applies to

Brief

A party may not attach an official court transcript to its briefing without prior authorization from the court reporter.

Official court transcripts may not be attached to briefing filed by any party without prior authorization from the court reporter.

Applies to

Plea agreement or other notice

The parties must provide a copy of the Plea Agreement stating the requested waiver or other notice of a desire to waive.

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.