Liberty County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Electronic filing

A paper copy of the original is not required, and the electronic filing must be signed pursuant to Rule 11, Montana Rules of Civil Procedure.

There is no need to file a paper copy of the original. The electronic filing must be signed pursuant to Rule 11, Mont. R. Civ. Pro.

CRITICAL

Applies to

Omnibus memorandum

After a not-guilty plea, a stipulated Omnibus Memorandum must be filed for the Court’s consideration by the deadline the Court sets.

Following a plea of “not guilty”, the Court will set a deadline for a stipulated Omnibus Memorandum to be filed for the Court’s consideration

CRITICAL

Applies to

Confidential settlement statement

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

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

CRITICAL

Applies to

Electronic appearance motion

The motion requesting an electronic appearance must state whether opposing counsel contests it.

Said Motion shall include whether the Motion is contested by opposing counsel.

CRITICAL

Applies to

Notice of issue

When the parties are fully joined in a civil, divorce, or invalidity action, counsel must prepare and present a Notice of Issue to the Clerk of Court.

In any civil, divorce, or invalidity actions, when the parties are fully joined, counsel shall prepare and present to the Clerk of Court a Notice of Issue.

CRITICAL

Applies to

Omnibus hearing memorandum

The completed Omnibus Hearing Memorandum and Order form is the memorandum filed under § 46-13-110(4), MCA.

The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court. This form document as completed during the Omnibus Hearing will be the memorandum filed under § 46-13-110(4), MCA.

CRITICAL

Applies to

Written instrument

The written instrument may be removed only by written court order stating the facts supporting its removal.

The instrument shall not be removed except by order of the Court – in writing, setting forth the facts of such removal.

CRITICAL

Applies to

Nolo contendre plea

Counsel proffering a Nolo Contendre under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.

Counsel who intend to proffer a Nolo Contendre under §46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.

CRITICAL

Applies to

Petition for probate of will

A petition to probate a will must include a copy of the will unless the original is already on file with the Clerk.

Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached, unless the original is already on file with the Clerk.

CRITICAL

Applies to

Written plea agreement

A written plea agreement under § 46-12-211, MCA, must present a factual basis showing good reason for the Court to accept the plea.

Plea agreements under § 46-12-211, MCA, must present a factual basis showing good reason for the Court to accept the plea.

CRITICAL

Applies to

Telefaxed or emailed document

Must include

certificate of service

A telefaxed or emailed document must show all necessary signatures and proof and method of service or the Clerk will not file it.

A telefaxed or e-mailed document must show all necessary signatures and proof and method of service or it will not be filed by the Clerk.

CRITICAL

Applies to

Motion

A continuance motion based on an absent witness must detail the testimony expected from that witness.

If the application for a continuance is based on the absence of a witness, the testimony expected to be adduced by the witness shall be set forth in detail in the motion.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pre-trial order.

(C) Trial Briefs. Trial briefs shall be submitted as required in the pre-trial order.

CRITICAL

Applies to

Omnibus hearing memorandum

Counsel must read and complete the Court-approved memorandum form before the Omnibus Hearing.

The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing will be conducted after counsel has read and completed the form.

CRITICAL

Applies to

All documents

Must include

certificate of service

The Certificate of Mailing on every document must identify the judge as served and state the method of service.

The Judge’s name shall be added to the Certificate of Mailing on all documents to show the Clerk that the Judge has been served, including the mechanism of service.

CRITICAL

Applies to

Motion

A motion submitted to the Court must include the moving party’s certification that the other parties were contacted and whether they object.

b. In a 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

Mediation agreement and status report

A mediation agreement must be promptly put in writing, and after the parties execute it, a written status report must be filed with the Court no later than five days after mediation.

Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed no later than 5 days after the mediation with the Court.

CRITICAL

Applies to

Written instrument

For a judgment on a written instrument, the instrument must be presented to the Clerk when judgment is granted, and the judge must mark the judgment entry and date on it.

In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the Clerk at the time the judgment is granted by the Court. The judge shall note across the face of the instrument the entry of judgment and its date.

CRITICAL

Applies to

Initial bail request

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations.

At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.

WARNING

Applies to

Scheduling conference request

If counsel files a scheduling-conference request, it must set forth the case title and number.

Whenever a case is at issue and either party desires to have the case tried, counsel may file a request for a scheduling conference setting forth the title and number of the case.

WARNING

Applies to

Omnibus hearing memorandum

Submitting a completed and signed Omnibus Hearing Memorandum form waives counsel’s right to an Omnibus Hearing before the Court.

Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel waives the right to hold an Omnibus Hearing before the Court.