Madison County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- When extreme difficulties arise with a court-ordered date, the party must consult the opposing party before advising the Court by stipulation or motion, and state its contact efforts and the opposing party’s position.
Request must include
Communication
Clerk6 contacts
Chambers1 contacts
Other Contacts1 contacts
Page & Word Limits1 rule
Briefs may not exceed 20 pages without leave of the Court for good cause demonstrated.
- Brief
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements5 rules
All proposed e-file Orders shall be filed in Word, as a separate document categorized as a Proposed Order in e-file, and shall not have a footer, or signature/date block for the judge.
Formatting
- •Must not have a signature/date block for the judge
(2) emailed documents must be in a PDF format and submitted as an attachment to an email.
- File type
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
7.2 Writs of execution must include information in accord with the format available from the Clerk of Court or in a substantially similar form.
8.2 Exhibits must be pre-labeled as follows: (1) Plaintiff’s/Petitioner’s (Exhibit 1, 2, 3, etc.); or (2) Defendant’s/Respondent’s (Exhibit A, B, C, etc.).
- Exhibits
Formatting
- •Pre-label Plaintiff’s/Petitioner’s exhibits with numbers and Defendant’s/Respondent’s exhibits with letters
Document Filing Requirements20 rules
A demand for a jury trial must be included in the caption of the complaint or answer.
- Document
- Complaint or answer
- Placement
- Caption
All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.
All motions, stipulations, etc. must be a separate document from the proposed order.
The required disclosure must state the factual and legal bases of claims or defenses, relevant individuals and information, relevant documents or things, claimed damages, and applicable insurance agreements.
Court's wording
The disclosure must contain the following information: (a) the factual basis of each claim or defense advanced by the disclosing party; (b) the legal theory upon which each claim or defense is based, including, when necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name and, if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses and a summary of that information; (d) a copy of or a description, including the location and custodian, of documents or data compilations and tangible things and relevant documents reasonably likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment.
All exhibits unable to be e-filed shall be delivered to the Clerk's office and shall be accompanied by a Notice describing the exhibits. The Clerk’s office will file the Notice when they are in possession of the exhibits.
all documents must be properly signed and dated with the party’s copied or electronically generated signature;
All proposed e-file Orders shall be filed in Word, as a separate document categorized as a Proposed Order in e-file, and shall not have a footer, or signature/date block for the judge.
The disclosure obligation continues throughout the case, and a party must supplement or correct an incomplete or incorrect disclosure within a reasonable time after learning of the problem.
Court's wording
The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
(c) there are signed written agreements on all issues; and
(d) a completed vital statistics form, judgment fee, and proposed order are provided.
Include
- •Proposed order
5.1 An attorney seeking to appear pro hac vice shall file a motion and proposed order accompanied by a copy of the State Bar of Montana Pro Hac Vice Application and confirmation correspondence from the Bar Admissions Administrator.
- Document
- Pro hac vice motion
Must include
- •Proposed order
(1) quiet title actions when an affidavit of the salient facts has been filed with the Court and the opponents are in default;
(b) both parties are represented by counsel or there is written certification that the opposing party recognizes that counsel is appearing only for one party and consents to proceed without counsel;
(a) there is filed a verified petition and uncontroverted affidavit, including proof of service upon the opposing party;
4.2 Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.
- Document
- Requested jury instructions
Must include
- •Caption
- •Case number
Each requested jury instruction must identify the party and use a consecutive number.
Court's wording
4.3 Each requested instruction must be identified by party and consecutive number, e.g., “Plaintiff John Smith’s Requested Instruction No. 1,” “Plaintiff John Smith’s Requested Instruction No. 2,” and so forth.
Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.
Four exhibit lists and four exhibits must be submitted, with copies for the Court file, judge, moving party, and other parties.
- Document
- Exhibit lists and exhibits
Must include
- •Exhibit list
Court's wording
8.3 Four exhibit lists, and four exhibits must be submitted as follows: (1) Court file/Clerk of Court (original); (2) Judge (copy); (3) moving party; and (4) other party(s).
A default judgment application must show the calculation of the total claimed with interest, including the interest rate, per diem, and days accrued.
Court's wording
7.1 An application for default judgment must show how the total claimed with interest has been calculated, including but not limited to the interest rate (prime rate as of January of that year per fedprimerate.com), per diem, and number of days accrued.
Filing & Service rules
Electronic Filing Rules
Cases must be filed electronically unless specifically exempted.
All cases shall be filed using e-filing unless specifically exempted.
Page 2 | Rule 3 -- Filings
Pro se litigants and the specified probate, guardianship, paternity, and adoption cases cannot currently e-file and must use Rule 3.5; e-filing will be required once available for those filings.
All pro se litigants and DP (probate), DG (guardianship), DF (paternity), and DA (adoption) cases cannot be e-filed at this time. Filings in these matters shall be filed in accordance with rule 3.5. When efile becomes available for these filings, efile will be required.
Page 2 | Rule 3 -- Filings
Parties must provide only an electronic copy of jury instructions in Word format to the Judicial Assistant by email.
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
Page 3 | Rule 4 -- Jury Instructions
Documents not currently accepted through e-filing may be submitted in person, by email, or by facsimile; emailed or faxed documents are originals, mailed originals are unnecessary, and duplicates may not be filed.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA. Documents filed by email or facsimile are considered the originals. Mailed original documents are not required and duplicates may not be filed.
Page 2 | Rule 3 -- Filings
Filing Timing and Cure Windows
The Clerk of Court’s Office must reject documents that do not comply with the filing rules.
Documents not filed in accordance with these rules shall be rejected by the Clerk of Court’s Office.
Page 2 | Rule 3 -- Filings
In civil trials, jury instructions are due 21 days before trial.
For civil trials jury instructions are due 21 days before trial.
Page 3 | Rule 4 -- Jury Instructions
In criminal trials, jury instructions are due seven days before trial unless the Court sets otherwise.
4.5 For criminal trials jury instructions are due 7 days before trial unless otherwise noted by the Court.
Page 3 | Rule 4 -- Jury Instructions
Service and Proof of Service Rules
Documents offered for filing, except complaints, must include documentation demonstrating service; documents requiring a certificate of service must have it attached or they will be returned.
Proper documentation demonstrating service must accompany all documents offered for filing other than a complaint. The Court will not consider any documents requiring a certificate of service that do not have a certificate of service attached. The Clerk of Court shall return documents that are not in compliance with this subsection 2.2 forthwith and without further order.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
A party that files any document electronically is deemed to have consented in writing to receive documents electronically.
A party who has filed any document in the Court electronically is deemed to have provided written consent to receive documents electronically. (Rule 5(b)(2)(E), M. R. Civ. P.)
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Each party must serve an appropriate disclosure no later than 30 days after entry of the case scheduling order.
Each party shall serve an appropriate disclosure not later than 30 days after entry of the case scheduling order.
Page 2 | Rule 2 – Pleadings, Motions, Orders, and Discovery
The notice of termination must be served on the attorney’s client and the opposing party.
After the final disposition of a case and after the time for appeal has expired, an attorney is relieved of the attorney’s duties as counsel of record, provided the attorney first files a notice of termination with the Clerk of Court and serves the notice on their client and the opposing party.
Page 3 | Rule 5 – Attorneys
After termination, notice must be served on the opposing party as provided by Rule 4(D), M. R. Civ. P.
Thereafter, notice must be served on the opposing party as provided in Rule 4(D), M. R. Civ. P.
Page 3 | Rule 5 – Attorneys
The dissolution filing must include proof of service upon the opposing party.
(a) there is filed a verified petition and uncontroverted affidavit, including proof of service upon the opposing party;
Page 3 | Rule 6 -- No Appearance by Party Required
The Clerk of Court may distribute copies of Court orders and minute entries by email instead of hard copy.
To promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court orders and minute entries by email rather than by hard copy.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Filing Fees and Waivers
The judgment fee must be provided for a dissolution proceeding qualifying for no required personal appearance.
(d) a completed vital statistics form, judgment fee, and proposed order are provided.
Page 3 | Rule 6 -- No Appearance by Party Required
Payment or proof of payment is required before the Clerk’s office accepts or files any document.
3.8 Payment or proof of payment is required prior to the Clerk’s office accepting/filing any documents.
Page 3 | Rule 3 -- Filings
Documents not currently accepted by e-filing must be accompanied by a fee of $0.50 per page.
All documents not currently accepted by e-filing may be submitted for filing in person, by email, or facsimile and must be accompanied by the fee of $.50/page as required by §25-1-201(1)(r), MCA.
Page 2 | Rule 3 -- Filings
Adjournment & Extension Requirements
When extreme difficulties arise with a court-ordered date, the party must consult the opposing party before advising the Court by stipulation or motion, and state its contact efforts and the opposing party’s position.
In the event a party encounters extreme difficulties with a date ordered by the Court, the party shall consult with the opposing party and then advise the Court by stipulation or a motion stating the efforts to contact the opposing party and the opposing party’s position.
Page 1 | Rule 1 -- Law and Motion
Chambers Communication Rules
Parties must set and confirm hearing dates with the Clerk of Court.
A party shall set and confirm hearing dates with the Clerk of Court.
Page 1 | Rule 1 -- Law and Motion
A party must provide the Clerk of Court with the email address or addresses for receiving copies of orders or minute entries.
A party shall provide the Clerk of Court with the email address(es) to which copies of orders or minute entries are to be mailed.
Page 1 | Rule 2 – Pleadings, Motions, Orders, and Discovery
Email filings for Beaverhead County to clerkofcourt.beaverhead@mt.gov.
Beaverhead County: clerkofcourt.beaverhead@mt.gov
Page 2 | Rule 3 -- Filings
Email filings for Jefferson County to dwoods@mt.gov.
Jefferson County: dwoods@mt.gov
Page 2 | Rule 3 -- Filings
Fax filings for Jefferson County to (406) 225-4044.
Jefferson County: (406) 225-4044
Page 2 | Rule 3 -- Filings
Fax filings for Madison County to (406) 843-5207.
Madison County: (406) 843-5207
Page 2 | Rule 3 -- Filings
Email filings for Madison County to chill@mt.gov.
Madison County: chill@mt.gov
Page 2 | Rule 3 -- Filings
Fax filings for Beaverhead County to (406) 683-3728.
Beaverhead County: (406) 683-3728
Page 2 | Rule 3 -- Filings
Attorneys, parties, and witnesses may appear via Zoom after notifying the opposing party and Clerk of Court; objections must be addressed before the hearing.
14.2 Attorneys, parties, and witnesses may appear via Zoom with prior notification to the opposing party and Clerk of Court. Any objections to Zoom appearance must be addressed prior to the hearing.
Page 5 | 14.2
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
4.4 Parties shall provide only an electronic copy of instructions in Word format to Diane Kaatz, Judicial Assistant at dkaatz@mt.gov.
Page 3 | Rule 4 -- Jury Instructions
Parenting plan guidelines are available from Diane Kaatz at 406-843-4235, 406-683-3745, or dkaatz@mt.gov to assist parents in understanding what the Court generally believes is reasonable, unless special circumstances require a different arrangement.
Parenting plan guidelines are available from Diane Kaatz at 406-843-4235, 406-683-3745, or dkaatz@mt.gov to assist parents in understanding what the Court generally believes is reasonable, unless special circumstances require a different arrangement.
Page 4 | Rule 13 -- Parenting Plan Guidelines