Lewis and Clark County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Page & Word Limits1 rule
Except for initial pleadings, pleadings and briefs are limited to 20 pages excluding attachments, or may instead use the 6,500-word limit with the required certification; additional pages require court leave and good cause, and serial motions intended to evade the page limit may be summarily denied.
- Pleading or brief
- 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 Requirements5 rules
Please refer to Montana Uniform District Court Rule 1, except that the font size shall be no smaller than 12 point.
- Font size
- At least 12 points
Motions to continue must be in writing.
An e-filed motion's proposed order must be submitted in .doc or .docx format.
Court's wording
All motions filed conventionally, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order with copies and addressed envelopes for all counsel of record. All such motions filed via e-filing shall include a proposed order that is submitted in .doc or .docx format.
Unless otherwise ordered by the Court, plaintiffs/petitioners shall use numbers to identify their exhibits, and defendants/respondents shall use letters.
Email documents must be in a PDF format and submitted as an attachment to an email.
- File type
- Email document
Formatting
- •The document must be submitted as an attachment to an email
Document Filing Requirements8 rules
A filing using the 6,500-word alternative must be accompanied by a certification stating the word count, line spacing, and the specified typeface and spacing details; the certification itself is excluded from the length calculation.
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. 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.
All motions filed conventionally, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order with copies and addressed envelopes for all counsel of record. All such motions filed via e-filing shall include a proposed order that is submitted in .doc or .docx format.
- Document
- Motion
Must include
- •Proposed order
When any motion has been fully briefed and oral argument has been held (if requested), the movant shall advise the Court by filing and serving a “Notice of Submittal.” Until such notice has been filed and served, the matter will not be deemed submitted for decision.
Motions to extend deadlines in scheduling orders must include a statement of when trial is scheduled (or if no trial is scheduled, the date of the pretrial conference).
All documents must be properly signed and dated.
Disputes about discovery, however, are not a basis for refusal to complete an omnibus memorandum.
A motion to compel discovery or for discovery sanctions must certify the movant's good-faith conference or attempted conference.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Any motion to compel discovery or for discovery sanctions shall certify that the movant has in good faith conferred or attempted to confer with the party failing to make discovery in an effort to obtain it without court action.
If a judge has had any matter under advisement for more than thirty days, any party affected thereby may file and serve a “Reminder of Submittal,” describing the matter under advisement and stating the date it was taken under advisement.
Filing & Service rules
Electronic Filing Rules
Lewis and Clark County does not accept filings by email or fax.
In Lewis and Clark County, email and fax filings will no longer be accepted.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Fax filings are no longer accepted in Broadwater County.
Fax filings will no longer be accepted.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Filings in DC, DD, DN, DJ, DR, DV, and DI cases must comply with the referenced electronic-filing order and incorporated rules.
All filings in DC, DD, DN, DJ, DR, DV, and DI cases must be filed in accordance with the Court’s standing Order Implementing Electronic Filing System and Email Filing Discontinued and Abolished, DV-2023-11 (Apr. 10, 2023), which adopts and incorporates the Montana Supreme Court’s Temporary Electronic Filing Rules, Cause No. AF 14-0745.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Self-represented litigants and litigants in other case types must file documents conventionally with the Clerk of Court.
Self-represented litigants and litigants in other case types must file documents conventionally with the Clerk of Court.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Documents may be submitted for filing by email in Broadwater County.
In Broadwater County, documents may be submitted for filing by email.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Filing Timing and Cure Windows
The hard-copy original of an emailed document must be provided within five business days, and the Court may direct that the filing be stricken if it is not filed on time.
A hard copy original of an emailed document must be provided within five business days. If the original is not filed within five days, the Court may direct that the Clerk of Court strike the filing from the record. Any filing so stricken is void.
Page 6 | Rule 5 - Pleadings/Briefs, I. Electronic Filing
Unless a party timely requests an omnibus hearing in writing, both parties must complete omnibus hearing memoranda, and the State must file them within six weeks of arraignment.
Unless either party timely requests an omnibus hearing in writing, omnibus hearing memoranda shall be completed by both parties and filed by the State within six weeks of arraignment.
Page 8 | Rule 8 - Criminal Cases
Service and Proof of Service Rules
The movant must serve the Notice of Submittal after a motion is fully briefed and any requested oral argument has been held.
When any motion has been fully briefed and oral argument has been held (if requested), the movant shall advise the Court by filing and serving a “Notice of Submittal.”
Page 5 | Rule 5 - Pleadings/Briefs, E. Notice of Submittal
When a document is presented during a trial or hearing, copies must be provided 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.
Page 7 | Rule 6 - Specific Trial/Hearing Conduct
Attorneys appearing by Zoom must mail exhibits to the Clerk sufficiently early for receipt and provide copies to opposing counsel in advance.
If attorneys appear by Zoom, the attorney(s) appearing remotely will mail any exhibits will to the Clerk of Court sufficiently in advance of the hearing to ensure receipt, and copies will provide copies in advance to opposing counsel.
Page 7 | Rule 6 - Specific Trial/Hearing Conduct
When filing a custody petition in a Department abuse or neglect case, Department counsel must provide specified counsel and case representatives copies of all documents the Department seeks to admit at any hearing.
In abuse and neglect cases brought by the Montana Department of Health and Human Services (Department), counsel for the Department, at the time of the filing of a petition for any type of custody, shall provide to counsel for the parents, the GAL, and the CASA worker (if any) copies of all documents sought to be admitted into evidence at any hearing by the Department, including, but not limited to, all reports generated by third parties gathered by the Department in the course of its investigation and treatment of the family involved.
Page 7 | Rule 7 - Dependent Neglect Cases
When Montana counsel associates with out-of-state pro hac vice counsel, District Court orders and notices are delivered to in-state counsel only, subject to few exceptions.
When a Montana attorney is associating with an out-of-state attorney who is appearing pro hac vice on a Montana case, orders/notices from the District Court will be delivered to in-state counsel only, with few exceptions.
Page 6 | Rule 5 - Pleadings/Briefs, J. Copies of Court Documents
The State and Defendant shall exchange discovery as required by Montana Code Annotated §§ 46-15-322 and -323 and other applicable law. Discovery shall be accomplished as soon as reasonably practicable and in most non-complex cases, should be substantially complete by the omnibus memorandum deadline.
The State and Defendant shall exchange discovery as required by Montana Code Annotated §§ 46-15-322 and -323 and other applicable law. Discovery shall be accomplished as soon as reasonably practicable and in most non-complex cases, should be substantially complete by the omnibus memorandum deadline.
Page 8 | Rule 8 - Criminal Cases
An affected party may serve a Reminder of Submittal when a matter has been under advisement for more than thirty days.
If a judge has had any matter under advisement for more than thirty days, any party affected thereby may file and serve a “Reminder of Submittal,” describing the matter under advisement and stating the date it was taken under advisement.
Page 5 | Rule 5 - Pleadings/Briefs, E. Notice of Submittal
Sealing & Redaction Procedures
Other cases may be sealed only upon motion, leave of the Court, and a showing of good cause.
No other cases will be sealed except upon motion and leave of the Court for good cause shown.
Page 4 | C. Sealing of Cases
SW, IS, DF, DA, DD, DI, and DN matters must be filed under seal; specified parties and court personnel may access them without authorization, while anyone else needs specific Court authorization.
All SW, IS, DF, DA, DD, DI, and DN matters shall be filed under seal. The respondent, the respondent’s attorney, the county attorney, and all court personnel are allowed access to these files without specific authorization from the Court. Any other access to these files will only be made with specific authorization from the Court.
Page 4 | C. Sealing of Cases
Unless the Court orders otherwise, attorneys of record must use reasonable measures consistent with the rule to control duplication, access, and distribution of CONFIDENTIAL documents.
Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: It shall be the responsibility of the attorneys of record in the action to employ, consistent with this rule, reasonable measures to control duplication of, access to, and distribution of the documents.
Page 9 | Rule 5 - Pleadings/Briefs
Attorneys must expressly advise each authorized reviewer that the documents may be used only for the pending matter.
Attorneys shall expressly advise every authorized person who reviews the documents as to this limitation on lawful use.
Page 9 | Rule 5 - Pleadings/Briefs
Unless the Court orders otherwise, documents may not be left with the defendant when defense counsel is not present.
Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: Documents shall not be left in the defendant’s possession without defense counsel present.
Page 9 | Rule 5 - Pleadings/Briefs
Unless the Court orders otherwise, access to marked CONFIDENTIAL materials is limited to the specified attorneys, necessary experts and staff, and the defendant.
Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: i. Access to materials marked CONFIDENTIAL is limited to: (A) attorneys representing the defendant or the State; (B) expert witnesses whose review of the material is necessary for the presentation of the party’s case; (C) law clerks, investigative agents, paralegals, and assistants employed by defendant or the State, whose review of the material is required for the preparation and presentation of the party’s case; and (D) the defendant.
Page 9 | Rule 5 - Pleadings/Briefs
A party who disseminates CCJI must advise each recipient of the obligation to keep it confidential under the MCJIA.
Any party in receipt of CCJI shall advise any person to whom it is disseminated under this rule of their obligation to keep CCJI confidential under the MCJIA.
Page 9 | Rule 5 - Pleadings/Briefs
A recipient of CCJI may disseminate it to specified case participants only as necessary for case preparation or investigation, and may not otherwise disseminate it without complying with the MCJIA.
A party in receipt of material through discovery that constitutes confidential criminal justice information (CCJI) within the meaning of the Montana Criminal Justice Information Act (MCJIA) may further disseminate such materials to their counsel, employees, agents, investigators, and experts to the extent necessary to assist in the preparation or investigation of the case but may not otherwise disseminate the information without complying with the MCJIA.
Page 9 | Rule 5 - Pleadings/Briefs
Unless the Court orders otherwise, CONFIDENTIAL documents may be used only in connection with a matter pending before the court.
Unless ordered otherwise by the Court, CONFIDENTIAL materials shall be handled as follows: Documents shall be used in connection with a matter pending before this court and for no other purpose.
Page 9 | Rule 5 - Pleadings/Briefs
Violating the confidentiality rule may constitute contempt and subjects the offending person to sanctions to the extent permitted by the rules, Montana law, and the Court's inherent authority.
Failure to comply with the terms of this rule may constitute contempt of court and will subject the offending person to sanction to the full extent permitted by these rules, Montana law, and the Court’s inherent authority.
Page 10 | Rule 5 - Pleadings/Briefs
A party may conspicuously mark sensitive information involving a child's identifying information or a non-party's privacy interests as CONFIDENTIAL.
Whenever a party discloses information that is sensitive because it contains personally identifying information regarding a child or that implicates the privacy interests of a non-party to the case—for example, social security numbers and financial or medical information—the disclosing party may designate those materials as CONFIDENTIAL by conspicuously marking or designating them as such.
Page 9 | Rule 5 - Pleadings/Briefs
Pre-Motion Conference Requirements
Before seeking discovery relief, the movant must confer or attempt to confer in good faith and certify that effort.
Any motion to compel discovery or for discovery sanctions shall certify that the movant has in good faith conferred or attempted to confer with the party failing to make discovery in an effort to obtain it without court action.
Page 9 | Rule 5 - Pleadings/Briefs
Adjournment & Extension Requirements
Filing and scheduling-order deadlines are strictly enforced unless the Court receives and approves a written extension motion.
Filing and scheduling order deadlines will be strictly adhered to unless a written motion for an extension has been received and approved by the Court.
Page 5 | Rule 5 - Pleadings/Briefs, H. Filing Deadlines
A request to extend the omnibus deadline must be made in writing before the deadline passes.
Requests to extend the omnibus deadline shall be made in writing prior to the passing of the deadline.
Page 8 | Rule 8 - Criminal Cases
Chambers Communication Rules
A party who believes a potentially violent situation may arise must notify the assigned judge, court security officer, and/or court bailiff sufficiently in advance for security measures to be taken.
In any case where a party believes that a potentially violent situation may arise, that party, through counsel or pro se, shall notify the assigned judge, the court security officer, and/or court bailiff sufficiently in advance so appropriate security measures can be taken.
Page 10 | Rule 9 - Court Security - Potentially Violent Situations; Duty of Party