Meagher County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Proposed order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” that states the proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

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 for the initial appearance.

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.

CRITICAL

Applies to

Motion

A request for a court order must be made by motion that states the grounds and requested relief with particularity.

Under Rule 7, M.R.Civ.P., any request for court order shall be by motion stating with particularity the grounds therefor and the relief or order sought.

CRITICAL

Applies to

Fully executed plea agreement

A change-of-plea hearing will not be set until the parties’ plea agreement is fully executed and filed with the Clerk.

A change of plea hearing E-Mail: doday@mt.gov will not be set until parties plea agreement has been fully executed and filed with the Clerk of Court.

CRITICAL

Applies to

Child support guidelines worksheet and financial affidavits

In non-contested cases, the child-support guidelines worksheet and financial affidavits must be filed as required by the cited administrative rule.

In non-contested cases, these documents must be filed as required by § 46.30.1515 Administrative Rules of Montana.

CRITICAL

Applies to

Mediation agreement and status report

A mediation agreement must promptly be put in writing, and after the parties execute it, a written status report must be filed with the Court.

Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed with the Court.

CRITICAL

Applies to

Conservatorship order

Every conservatorship order must state that the conservator may not borrow from the estate without prior court approval.

All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.

CRITICAL

Applies to

Notice of bankruptcy discharge or confirmation

After discharge or confirmation of a bankruptcy reorganization plan superseding a claim in this Court, notice must be filed.

Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certificate of service for a faxed or electronically transmitted filing must state that it was sent to the Clerk of Court and give the transmission date.

The Certificate of Service must show that a telefax or electronic transmission was sent to the Clerk of Court and the date of such transmission.

CRITICAL

Applies to

Trial postponement motion

A motion to postpone trial because a witness or evidence is absent must include an affidavit showing that the witness or evidence cannot otherwise be obtained and will be available if postponement is granted.

Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.

CRITICAL

Applies to

Order to show cause temporary restraining order or like order

Two copies of an order to show cause, temporary restraining order, or like order must be presented; if accepted, one is retained by the court and the duplicate original is returned for service.

Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.

CRITICAL

Applies to

Public defender application

The application must disclose that indigent applicants may have to reimburse appointed-counsel costs and include their agreement to report substantial changes in their financial condition to the Public Defender’s Office.

This application shall inform those claiming indigence that reimbursement for all or portions of costs incurred by the State Montana in providing appointed counsel may be required and shall contain the applicant’s agreement to diligently inform the Office of the Public Defender of any substantial change in the reported financial conditions.

CRITICAL

Applies to

Certificate of deposit

When a certificate of deposit is used in lieu of a bond, it must be held in the Clerk of Court’s name as trustee, earn and reinvest interest, not be cashed without prior court order, be subject to the bank’s express consent to these restrictions, and be delivered to the Clerk for safekeeping until the conservatorship ends.

In such event, the certificate of deposit must be in the name of the Clerk of Court as trustee for the minor or incapacitated person, interest must automatically accrue and be reinvested, the certificate cannot be cashed without prior court order, the bank must expressly consent to these limitations, and the certificate of deposit must be delivered to the Clerk of Court for safekeeping, to be delivered upon the conservatorship estate being terminated.

CRITICAL

Applies to

Conservatorship action

A bond must be posted in every conservatorship action unless good cause exists; good cause exists when the entire estate is invested in a locally banked certificate of deposit fully insured by the FDIC.

A bond must be posted in all conservatorship actions unless good cause is shown for not requiring the same. Good cause for not requiring a bond exists if the total estate of the conservatorship is invested in a certificate of deposit in a local bank and fully insured by FDIC.

CRITICAL

Applies to

Child support guidelines worksheet and financial affidavits

When uniform child support guidelines apply, the parties must complete an accepted-form guidelines worksheet and financial affidavits.

As long as application of uniform child support guidelines is required under § 40-4-204, Montana Code Annotated, a guidelines worksheet and financial affidavit(s), in accepted form, must be completed.

CRITICAL

Applies to

Motion or other calendar submission

A matter cannot be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk.

No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

CRITICAL

Applies to

Omnibus hearing memorandum

Counsel must prepare and submit an Omnibus Hearing Memorandum to the Court for approval.

An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval.

CRITICAL

Applies to

Settlement statement

Each party must submit a confidential settlement statement summarizing the case and 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

Child support guidelines worksheet and financial affidavits

In contested cases, the child-support guidelines worksheet and financial affidavits must be offered into evidence as exhibits.

In contested cases, these documents must be offered into evidence as exhibits.

CRITICAL

Applies to

Proposed order

When applicable, a proposed order’s title must refer to the underlying motion.

Where applicable, the title of the proposed order shall make reference to the underlying motion.

CRITICAL

Applies to

Proposed findings

A party seeking a support-guideline or withholding variance must furnish written proposed findings addressing the clear-and-convincing-evidence basis for the variance.

A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.

CRITICAL

Applies to

Oral argument request

In civil cases, a request for oral argument on a motion other than a summary judgment motion must state specific reasons.

In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.

CRITICAL

Applies to

Alford plea

Counsel offering an Alford plea must present a factual basis showing good reason for the Court to accept it.

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

CRITICAL

Applies to

Child support modification petition

A petition to modify child support must state whether the requesting party knows that the child or children receive or are applying for public assistance.

Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party seeking an order must present a separate proposed order for the Court’s signature before the hearing or other action on the matter.

Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court.

CRITICAL

Applies to

Motion and brief

The title of each motion and brief must identify the submitting party and briefly describe the subject.

For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject.

CRITICAL

Applies to

Scheduling order

If the phone conference produces an agreed scheduling order, the parties must complete and present a written order in the approved format for court approval.

Should this phone conference result in an agreed scheduling order, the parties shall complete and present a written scheduling order in approved format for Court approval.

WARNING

Applies to

Annual accounting

An annual accounting may be submitted informally by letter and accompanied by the account locations, proof of beginning and ending balances, and an itemization of income and expenses.

The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof of ending balance.

WARNING

Applies to

Conservatorship order

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

WARNING

Applies to

Annual accounting

No annual accounting is required when the conservatorship estate is held in the qualifying certificate of deposit described in the preceding rule.

In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

WARNING

Applies to

Omnibus hearing memorandum

A hearing date is automatically removed if the completed and signed memorandum form is submitted and all counsel stipulate to proceeding without a hearing.

Upon submission of a completed and signed Omnibus Hearing Memorandum form, and if all counsel stipulate to submission of said form without the need for a hearing, this Court will automatically remove said hearing date from it’s calendar.

CRITICAL

Applies to

Plea agreement

A plea agreement must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.