Madison County District Court, Montana Document Filing Requirements

Applies to

Pre discovery disclosure

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.

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.

Applies to

Child support order proceeding

Parent financial affidavits and uniform child support guidelines worksheets must be filed before any child support order is entered.

Parent financial affidavits and uniform child support guidelines worksheets must be filed with the Court before entry of any child support order.

Applies to

Notice of exhibits

Exhibits that cannot be e-filed must be delivered to the Clerk’s office with a Notice describing them; the Clerk’s office will file the Notice once it has the exhibits.

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.

Applies to

Notice of termination

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.

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.

Applies to

Exhibit lists and exhibits

Four exhibit lists and four exhibits must be submitted, with copies for the Court file, judge, moving party, and other parties.

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).

Applies to

Complaint or answer

A jury-trial demand must appear in the caption of the complaint or answer.

A demand for a jury trial must be included in the caption of the complaint or answer.

Applies to

Dissolution proceeding

A dissolution proceeding qualifying for no required personal appearance must have signed written agreements on all issues.

(c) there are signed written agreements on all issues; and

Applies to

Default judgment application

A default judgment application must show the calculation of the total claimed with interest, including the interest rate, per diem, and days accrued.

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.

Applies to

Dissolution proceeding

Must include

proposed order

A completed vital statistics form, judgment fee, and proposed order 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.

Applies to

Pro hac vice motion

Must include

proposed order

A pro hac vice motion must include a proposed order, a copy of the State Bar application, and confirmation correspondence from the Bar Admissions Administrator.

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.

Applies to

Quiet title action

For a quiet title action to qualify for no required personal appearance, an affidavit of the salient facts must be filed and the opponents must be in default.

(1) quiet title actions when an affidavit of the salient facts has been filed with the Court and the opponents are in default;

Applies to

Dissolution proceeding

If only one party is represented in a dissolution proceeding, a written certification of the opposing party’s recognition and consent is required for no appearance to be permitted.

(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;

Applies to

Email or facsimile filing

Documents filed by email or facsimile must be properly signed and dated with the party’s copied or electronically generated signature.

all documents must be properly signed and dated with the party’s copied or electronically generated signature;

Applies to

Dissolution proceeding

For a dissolution proceeding to qualify for no required personal appearance, a verified petition, an uncontroverted affidavit, and proof of service on the opposing party must be filed.

(a) there is filed a verified petition and uncontroverted affidavit, including proof of service upon the opposing party;

Applies to

Requested jury instructions

Must include

caption, case number

Requested jury instructions must include a cover sheet with the case number, caption, title, signature, and praecipe.

4.2 Requested instructions must include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature, and praecipe.

Applies to

Requested jury instruction

Each requested jury instruction must identify the party and use a consecutive number.

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.

Applies to

Proposed order

Each proposed e-file order must be submitted as a separate document categorized as a Proposed Order in e-file.

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.

Applies to

Motion

Motions must address stipulation or opposition when applicable; motions requiring opposing-party contact that omit the matter will be rejected.

All motions shall address stipulation or opposition when applicable. Motions that require opposing party contact and are silent on the matter will be rejected.

Applies to

Pre discovery disclosure

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.

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.

Applies to

Motion or stipulation

Motions, stipulations, and similar filings must be separate documents from the proposed order.

All motions, stipulations, etc. must be a separate document from the proposed order.