Mineral County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Findings Conclusions
- 1 copy
Communication
Clerk
Phone
Phone
Page & Word Limits4 rules
No individual brief shall exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
For Dept. 3, briefs are limited to 20 pages, excluding indexes, appendices, and attached exhibits, unless the court grants prior leave; an entire deposition or interrogatory-response set may not be attached when the brief refers to only a portion.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
- •Exhibits
Exception
More pages with leave of court
Court's wording
Local Rule 3(G) sets standards for briefs, including their length, which shall not exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court. Exhibits and opinions. Attached exhibits shall also be excluded from the page limits, but parties may not attach an entire deposition or set of responses to interrogatories when only a portion of the discovery document is referred to in a brief.
The motion for permission shall set forth the grounds for seeking permission and may not exceed 500 words, applying the standards set in Rule 3(G).
- Motion for permission
- Up to 500 words
Each party shall submit to the Settlement Master at least three (3) business days before the conference a settlement statement of not more than five (5) pages.
- Settlement statement
- Up to 5 pages
Document Format Requirements14 rules
Any pleading filed in any action which does not conform to Rule 1 of the Montana Uniform District Court Rules shall not be filed by the Clerk and shall be returned to the party submitting it.
(2) E-Mailed 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
(1) All E-Mail Documents must be properly signed and dated.
All Orders (uncontested or not) shall accompany the motion as separate documents and be submitted in a Word- formatted document.
- Order
Formatting
- •The order must be submitted in a Word-formatted document
If a pleading is allowed to be amended (upon a motion to amend complaint for example), the amended pleading shall highlight what has been added or deleted (by strike through and underlining).
- Amended pleading
Formatting
- •Highlight additions and deletions by using strike-through and underlining
The original and one copy of each instruction proposed must be furnished to the Court, along with the instructions in a Word- formatted document.
- Jury instructions
Formatting
- •Word-formatted document
The proposed document also shall be provided to the Court in Word-format for its review.
- Proposed findings conclusions
Formatting
- •Word-format
At trial, you must mark them with exhibit stickers that the clerk has
Multiple email addresses may be provided for each attorney or party, but the total may not exceed 100 characters (each email address must be separated by a semi-colon).
Pleadings should use either a proportionately spaced typeface of at least 14 points or a monospaced typeface of no more than 10.5 characters per inch; case names, headings, and signals may be underlined, italicized, or bolded.
Court's wording
All pleadings (brief, petition, motion or other paper) should be formatted using either a proportionately spaced typeface of 14 points or more, or a monospaced typeface of no more than 10.5 characters per inch. A proportionately spaced typeface has characters with different widths. A monospaced typeface has characters with the same advanced width. Case names, headings and signals may be underlined or in italics or bold.
Parties may not in any case attach a copy of an opinion that can be cited.
A Word-formatted document containing the Findings/Conclusions also should be supplied to the Court.
In this Judicial District, State’s exhibits are identified by number and Defense exhibits are identified by letter.
It is helpful to have exhibits pre-marked and the clerk of court has exhibit stickers.
Formatting
- •Pre-marking exhibits is recommended
Document Filing Requirements95 rules
Counsel and pro se litigants must put their name, address, phone, fax, and email at the top of every pleading; including an email address does not constitute consent to electronic service, and the Clerk may not reject a pleading for lacking one.
Court's wording
Pleadings from counsel and any pro se litigants shall include their name, address, phone, fax and email address at the top of all pleadings. The inclusion of the email address is for the convenience of the Court. Such inclusion is not considered consent by the attorney under Rule 5(b)(2)(E) M.R.Civ.P., to receive service by electronic means. The Clerk of Court’s office may not reject pleadings which do not include an email address.
A document, other than the document that initiates a case, may not be filed with the Clerk of Court unless it contains an identification of the department that has jurisdiction of the case. The department number shall be placed directly above the cause number.
Before a matter may be set for hearing, a final Decree or Order must be prepared for the Judge’s signature and submitted to the Clerk of Court to be lodged in the court file.
A party using generative AI to prepare a filed pleading or document must disclose the tool and its use and certify that AI-assisted content was checked for accuracy; without the certification, the court presumes no AI was used.
- Document
- Pleading or filed document
Must include
- •AI disclosure
Court's wording
(1) Certification Requirement for Generative Artificial Intelligence. Any party, whether appearing pro se or through counsel, who uses generative artificial intelligence in the preparation of a pleading or document filed with the court must disclose the use of “generative artificial intelligence:” the specific tool the party used; how the party used the tool in preparing the relevant document; and that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority. The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.
All motions requesting orders to require participation in depositions of proceedings in foreign jurisdictions shall certify that the other parties and deponents have been contacted, whether they object to the request, and whether a date and location for the deposition has been mutually agreed upon.
In any civil, divorce or invalidity actions, when the parties are fully joined, counsel shall prepare and present to the Clerk of Court a Note of Issue.
All Orders (uncontested or not) shall accompany the motion as separate documents and be submitted in a Word- formatted document.
All motions must include a certificate of service.
- Document
- Motion
Must include
- •Certificate of service
Each motion must include a prefatory statement certifying that the other parties were contacted and stating whether they object.
Court's wording
In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the other parties object to the motion.
A proposed order, decree, or judgment shall be presented to the Clerk in accordance with Rule 3(D) before the time the matter is to be heard.
A hearing request must identify the issue, estimate the time required by each party, and state the number of witnesses each party will call.
Court's wording
The written request shall: (1) what issue the requesting party is requesting to be heard; (2) include an estimate of the amount of time required by each party; and (3) the number of witnesses to be called by each party.
A request for oral argument must state why argument is warranted and why the briefs are inadequate, except where argument is mandatory unless all parties waive it.
Court's wording
When counsel desire oral argument on a motion, other than a motion in which oral arguments shall be deemed mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position.
The scheduling order form must provide fields for the listed dates and matters, including pretrial motions, discovery, experts, conferences, and the proposed Pretrial Order.
Court's wording
The scheduling order form shall provide dates to be filled in by attorneys of record for the following: (1) whether the parties will use Rule 6 – simplified procedure for civil actions. (2) joinder of parties and amendments to pleadings; (3) date by which all pretrial motions will be filed and heard; (4) identification of expert witnesses; (5) close of discovery; (6) date by which the lawyers resolution conference will be held; (7) filing of a proposed Pretrial Order; (8) date for a master-supervised settlement conference pursuant to Rule 9 of the Local Rules; and (9) such additional matters as the Court or parties deem necessary.
Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the Court's scheduling clerk.
When oral argument is granted, the moving party must prepare a Request for Hearing for the Court's Law and Motion day.
Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers resolution conference was held and shall advise whether or not the case was settled.
A qualifying motion for continuance must be in writing and include an affidavit and all parties’ signatures.
Court's wording
MOTIONS FOR CONTINUANCE FOR DATES 90 DAYS BEYOND THE ORIGINAL SCHEDULING DATE IN ANY SCHEDULING ORDER SHALL BE SUBMITTED IN WRITING, SUPPORTED BY AFFIDAVIT, AND SHALL BEAR THE SIGNATURES OF ALL THE PARTIES.
In order for a party to qualify for these services, an Affidavit of Inability to Pay Filing Fees and Other Costs and Order must be filed in the cause of action.
A report for an unsettled case must be on the Court-provided form, be filed with copies to the Judge and parties, and state the anticipated trial length, legitimate unavailability dates, and any special trial requests or needs.
Court's wording
Within five days of the completion of the master-supervised settlement conference, the settlement master shall submit, on a form provided by the Court a report of the conference and its result. The report shall be filed with copies to the Judge, all counsel of record and any parties not represented by counsel. In the event that the case is not settled, the form shall also state the following information obtained from counsel for the parties: (1) the length of time anticipated to be necessary for trial; (2) dates counsel or key witnesses are legitimately unavailable for trial; (3) any special requests or needs regarding trial.
The settlement master shall submit, on a form provided by the Court (Exhibit “K”), a report of the conference and its settlement results.
When submitting the pretrial order, counsel shall state in a cover letter any special requests regarding the trial setting, including dates that the parties or key witnesses are legitimately unavailable for trial, and the estimated length of trial.
Proposed findings of fact and conclusions of law shall be filed, when required by Rule 8, Unif. Dist. Crt. R., or requested by the Court.
The original and one copy of each instruction proposed must be furnished to the Court, along with the instructions in a Word- formatted document.
The copies submitted to the Court shall be numbered consecutively, specify the party on whose behalf they are requested, and include a citation of authority supporting the statement of law therein. The original shall be “clean,” i.e., bear no citation.
A Plea of Guilty and Waiver of Rights form shall be presented to the Court by defense counsel at the time of a guilty plea.
Proposed forms of verdict must be submitted by each party at the same time and in the same manner as jury instructions.
The Omnibus form shall include a declaration that the prosecutor has extended a plea offer.
A party seeking a subpoena duces tecum in a criminal case must move for its issuance and provide the listed information, including the reason for any ex parte request.
Court's wording
Before the court will issue such a subpoena in a criminal case, the requesting party must move for issuance of the subpoena and include the following information: 1. the nature of the documents requested; 2. the relevancy of the documents; 3. the documents are necessary for trial preparation; 4. that the documents are not otherwise procurable reasonably in advance of trial through discovery processes of Mont. Code Ann. § 46-15-322; 5. that application is made in good faith and not for harassment or delay; and 6. that if the applicant seeks the information ex parte, the reason why such process is necessary, such as implication of a defendant's trial strategy, protection of a privacy interest, or that disclosure would compromise the integrity of evidence.
The case cannot proceed to final hearing until proof of attendance from each party has been filed in the case record.
A party using the alternative Children In Between program must file its certificate of completion with the Court.
Court's wording
As an alternative, the Court will accept a certificate of completion from the web-based educational parenting program offered through Children In Between (https://online.divorce- education.com). The program may accept court-approved fee waivers if the program is completed in a 30-day period. A party must file a certificate of completion from the program with the Court.
The parties to a dissolution of marriage (or annulment of marriage) action shall complete and submit to the clerk a current Montana State Case Registry and Vital Statistics Reporting Form prior to the court taking any final action on the dissolution/annulment.
Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached.
The Personal Representative shall either file the certificate required by Mont. Code Ann. § 72-3-1006, or file a declaration, either separately or in the Petition for Distribution, stating that the filing of a federal estate tax return was not required in the estate.
It is the obligation of counsel to present to the Court an order for such evaluation.
The original must be filed with the clerk.
No agreement or consent between the parties, or their attorneys, shall be accepted by the Court unless made in open Court, recorded or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney.
The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with Justice Court asking that the bail be transferred to the District Court;
If the bail furnished was cash bail, the justice or municipal Judge must deposit a proper check, warrant or draft for the full amount of the bail.
The amount and nature of the bail furnished must be endorsed upon the order whereby the justice or Judge transfers the cause to the District Court.
For a bail bond or other permitted bail, the actual bail documents must be delivered to the district court clerk.
Court's wording
If the bail furnished was a bail bond or other bail as permitted by Mont. Code Ann. § 46-9-401, the justice of the peace or municipal Judge must deliver the actual documents furnished as bail to the clerk of the district Court.
The County Attorney must deliver to Justice Court duplicate copy of such request;
Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.
A copy of the request must be filed with the clerk of district Court.
When an out-of-county judge will preside, counsel must file notice with the local clerk responsible for outside judges to arrange necessary personnel or facilities.
Court's wording
When an out-of-county Judge will be presiding in any trial, or any hearing or motion therein, civil or criminal, it shall be the duty of counsel to make arrangements (file notice) with the local clerk in charge of outside Judges for any personnel or facilities necessary for the orderly disposition of the proceeding.
The justice of the peace must endorse upon the original request and copy the proper information regarding the nature of the bail and must transfer the bail to the district Court as provided in (1) or (2) above.
When attorney’s fees are requested in a civil case, competent evidence must be submitted so the Court can determine reasonable fees.
Court's wording
In all civil cases, contested or uncontested, where attorney’s fees are requested in the pleadings, there must be competent evidence submitted to the Court from which the Court can determine reasonable attorney fees for the services rendered.
In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless he has written authority from his client or unless the party has personally signed the pleadings filed by the attorney.
The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
The opposing party shall, within ten (10) days thereafter, file objections and a request for a hearing thereon.
When a final disposition has been made of any case and the time for appeal has expired, all counsel of record shall be automatically relieved of their duties as counsel of record provided they first file a notice of termination with the Clerk of Court and serve the same on opposing counsel and their client.
When judgment is entered on a written instrument, the instrument must be presented to the clerk when judgment is granted.
Court's wording
In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the Court, the clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date.
The attorney’s notice to the Chief Judge must include copies of documents imposing any sanctions.
Court's wording
If an attorney is (a) disciplined, (b) suspended from practice; (c) failed to pay bars dues; or (d) failed to complete CLE credits, upon notice of the aforementioned in any jurisdiction, the attorney must promptly notify the Chief Judge of the matter and provide copies of the document(s) imposing any sanctions.
Filing & Service rules
Electronic Filing Rules
Documents may be filed by email or facsimile, and each filing must include a fee of $0.50 per page.
Documents may be submitted for filing by email or facsimile and must be accompanied by the fee of $.50/page required by Mont. Code Ann. § 25-1-201(1)(r).
Page 7 | F. Fax and E-Mail Filings
Lawyers admitted in Montana and lawyers appearing pro hac vice must register for and use the electronic filing system.
All lawyers admitted to practice in Montana, or those appearing pro hac vice, shall become registered users of the electronic filing system and begin using the electronic filing system.
Page 33 | RULE 31 - ORDER IMPLEMENTING ELECTRONIC FILING SYSTEM
A hard-copy original is not required for an email filing.
(3) A hard copy original need not be provided.
Page 7 | F. Fax and E-Mail Filings
Filing Timing and Cure Windows
An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).
An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).
Page 8 | I. When Leave of Court Required
The motion or other documentation and all relevant supporting documents must be filed with the clerk before a matter can be set on the law and motion calendar.
No matter may be set on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the clerk.
Page 10 | RULE 5: LAW AND MOTION
The pretrial order deadline is seven months after an appearance is filed, unless the judge extends it by motion and order.
The scheduling order shall direct that the deadline for filing of the pretrial order shall be seven months from the date of filing of an appearance, unless extended upon motion and order of the Judge.
Page 11 | Rule 8: Scheduling Orders
The conference certification and settlement status must be submitted within ten days after the conference.
Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers resolution conference was held and shall advise whether or not the case was settled.
Page 12 | Rule 8: Scheduling Orders
Unless the Court orders otherwise, the pretrial order filing date must be after pretrial motions are filed and before the master-supervised settlement conference.
Unless otherwise ordered by the Court, the time set for filing the pretrial order shall be after pretrial motions have been filed but before the master-supervised settlement conference is held pursuant to Rule 9 of these rules.
Page 12 | Rule 8: Scheduling Orders
For a case that does not settle, the settlement master must submit a conference report on a Court-provided form within five days after the conference.
Within five days of the completion of the master-supervised settlement conference, the settlement master shall submit, on a form provided by the Court a report of the conference and its result.
Page 14 | Rule 9.D. Report of the Settlement Master
Unless the Court orders otherwise, proposed jury instructions in civil cases must be presented to the Court and served on each adverse party within five days before trial.
Unless otherwise ordered by the court, proposed jury instructions in a civil case shall be presented to the Court and served upon each adverse party within five days prior to the trial set by the Court.
Page 15 | Rule 10 - Trials and Trial Settings
The agreed Court-approved omnibus form must be submitted for final approval before the omnibus hearing.
Prior to the time set for omnibus hearings, counsel for the prosecution and defense shall meet privately and attempt to stipulate to a Court-approved omnibus form which shall be submitted for final approval by the Court prior to the date of the omnibus hearing.
Page 17 | Rule 11 - Criminal Actions
Within ten days after publication of a trial calendar, the parties must negotiate in good faith and by the tenth day take one or more of the listed case-resolution or trial-setting actions.
Within ten days of publication of the trial calendar in any department, the prosecutor and the defense counsel shall enter into good faith plea bargaining negotiations in each case not yet resolved. By the 10th day, the parties in each case must: a) request that the case be set on the calendar for change of plea; b) file a motion to continue over term and a waiver of speedy trial; c) file a Request for Calling of Jury which will notify the Court that no plea- bargained resolution is contemplated; and/or d) if a specific trial date is established by the Court other pretrial deadlines may be established.
Page 17 | Rule 11 - Criminal Actions
Proof of attendance must be filed before the case can proceed to final hearing.
The case cannot proceed to final hearing until proof of attendance from each party has been filed in the case record.
Page 19 | Rule 12 - Domestic Actions
The registry and vital statistics form must be submitted before the court takes any final action on the dissolution or annulment.
The parties to a dissolution of marriage (or annulment of marriage) action shall complete and submit to the clerk a current Montana State Case Registry and Vital Statistics Reporting Form prior to the court taking any final action on the dissolution/annulment.
Page 21 | Rule 12 - Domestic Actions
The written bail-transfer request must be filed contemporaneously with the motion in District Court.
The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with Justice Court asking that the bail be transferred to the District Court;
Page 23 | RULE 16: CASH BAIL AND BAIL BONDS
Bail must be delivered to the clerk when the case-transfer papers are filed.
At the time the papers transferring the case to the District Court are filed with the clerk of the court, the bail must also be delivered to the clerk.
Page 23 | RULE 16: CASH BAIL AND BAIL BONDS
The opposing party must file objections and request a hearing within 10 days after the affidavit is filed and served; failure to do so waives the right to a fee hearing.
The opposing party shall, within ten (10) days thereafter, file objections and a request for a hearing thereon. Failure to file such an objection and request shall be deemed a waiver of the right to a hearing on fees.
Page 25 | Rule 21: Attorneys
Filing and service of the Standing Master’s dispositive order starts a 10-day period in which a party may file and serve objections; absent objections within that period, the findings, conclusions, order, or decree become the Court’s final order.
The filing and service of a dispositive order of the Standing Master shall trigger the beginning of the 10-day in which a party may file and serve objections pursuant to Mont. Code Ann. § 3-5-126(2). If no objections are filed within the 10 days, the Standing Master’s findings of fact and conclusions of law and/or order or decree are the final order of the Court. Mont. Code Ann. § 3-5-126(2).
Page 29 | Rule 29 - Standing Order for Referring Cases to a Standing Master
The proposed Scheduling Order must be filed within 30 days of the order; otherwise, the court will issue the attached Scheduling Order on its own motion.
If the proposed Scheduling Order is not filed with the court within 30 days of the date of this Order, the court will issue the attached Scheduling Order sua sponte.
Page 40 | RULE 16(b) SCHEDULING ORDER
All discovery must be completed by the date specified in the scheduling order.
4. __________________________: All discovery in this matter shall be completed on this date.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
All parties must be joined and amendments to the pleadings filed by the date specified in the scheduling order.
1. __________________________: All parties are to be joined and all amendments to the pleadings are to be filed.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
Discovery must be completed and the Pretrial Order filed within seven months of the order, unless the court allows more time for good cause.
Preliminary Note: Discovery shall be completed and the Pretrial Order filed within seven (7) months of the date of this Order unless, for good cause shown, the court allows a longer period.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
Motion hearings or submission of motions on briefs must be completed by the date specified in the scheduling order.
7. _______________________: Hearings on motions or submission of the motions on briefs shall be accomplished by this date.
Page 42 | EXHIBIT “H” – SCHEDULING ORDER
Answer briefs and reply briefs must follow the schedule in Rule 2(a) of the Uniform District Court Rules.
Filling of answer briefs and reply briefs shall comply with the schedule provided by Rule 2(a) of the Uniform District Court Rules.
Page 42 | EXHIBIT “H” – SCHEDULING ORDER
All pretrial motions, including motions in limine and summary judgment motions, and their supporting briefs must be filed by the date specified in the scheduling order.
6. __________________________: All pretrial motions, including motions in limine and motions for summary judgment, along with supporting briefs, shall be filed and served on opposing counsel on or before this date.
Page 42 | EXHIBIT “H” – SCHEDULING ORDER
In a jury case, proposed jury instructions must be submitted 5 days before trial.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to trial.
Page 43 | Rule 8 - Scheduling Orders
The original and copy of the proposed findings and conclusions must be submitted to the Clerk 3 days before trial, unless the Judge orders otherwise.
An original and one copy (for the Judge's use) of the Proposed Findings of Fact/Conclusions of Law are to be submitted to the Clerk of Court three days prior to trial or as ordered by the Judge.
Page 43 | Rule 8 - Scheduling Orders
The Settlement Master must submit a report to the court within 5 days after the settlement conference is completed.
The Settlement Master shall submit a report to the court within 5 days of completion of the conference.
Page 43 | Rule 8 - Scheduling Orders
All motions must be filed four months from the date of the Scheduling Order and briefed under the schedule in Rule 2(a) of the Uniform District Court Rules.
Four months from the All motions must be filed and shall be briefed date of this order in accordance with the schedule provided in Rule 2(a) of the Uniform District Court Rules.
Page 44 | Rule 8 - Scheduling Orders
All parties must be joined and amendments to the pleadings must be filed one month from the date of the Scheduling Order.
One month from the All parties must be joined and amendments to the date of this order pleadings filed.
Page 44 | Rule 8 - Scheduling Orders
In a jury case, proposed jury instructions must be submitted five days after the Settlement Master's report is submitted to the court.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days after submission of the Settlement Master's report to the court.
Page 45
The Pretrial Order must be completed and filed five months from the date of the order.
Five months from the The Pretrial Order shall be completed and filed date of this order with the court, prepared pursuant to Rule 5 of the Uniform District Court Rules.
Page 45
Each party must submit a settlement statement to the Settlement Master at least three business days before the conference.
Each party shall submit to the Settlement Master at least three (3) business days before the conference a settlement statement of not more than five (5) pages.
Page 46 | EXHIBIT “J”
The parties must apply for CSSD services within 14 days of the order.
The parties must apply for services with the Montana CSSD within 14 days of this Order.
Page 51 | Order to Apply for Establishment of Medical and Child Support
The parties must file a notice of the CSSD case number within five business days after CSSD assigns the number.
The parties must file a Notice with the Court of the CSSD case number within 5 business days of CSSD assigning a case number.
Page 51 | Order to Apply for Establishment of Medical and Child Support
Suppression motions must be filed before trial to preserve an objection to the evidence at trial or on appeal.
Failure to file these suppression motions pre-trial means that you cannot complain at trial or on appeal that the evidence should not have been admitted at your trial.
Page 69 | B. Omnibus Hearing
A written notice of appeal must be filed within 60 days after entry of the written judgment.
You must file a written notice of appeal within 60 days of the entry of the written judgment.
Page 80 | O. After sentencing - Appeal of your case.
An Omnibus Hearing Memorandum should be prepared and filed prior to the omnibus hearing.
An Omnibus Hearing Memorandum should be prepared and filed prior to the omnibus hearing.
Page 16 | Rule 11: Criminal Actions
You are responsible for completing all pretrial procedures on time.
You are responsible for timely completion of all pretrial procedures.
Page 69 | PRE-TRIAL PROCEDURES IN YOUR CASE
Appellate briefs must be filed in accordance with the applicable deadlines.
There are deadlines for filing briefs that you must follow.
Page 80 | O. After sentencing - Appeal of your case.
Sentence-review filing deadlines are stayed while an appeal is pending and apply if the appeal is decided against the defendant.
There are deadlines for filing for review of your sentence, but the deadlines are stayed if you have appealed. If your appeal is decided against you, the deadline is in place.
Page 80 | O. After sentencing - Appeal of your case.
The Court may receive additional proposed instructions concerning questions arising during trial any time before settlement of the jury instructions is complete.
The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.
Page 16 | Rule 10 - Trials and Trial Settings
Service and Proof of Service Rules
When Court leave is required before a pleading may be filed, a proper motion must first be filed and served.
When leave of Court is required before a pleading can be filed, a proper motion must be filed and served.
Page 8 | I. When Leave of Court Required
After a defendant files an appearance, the assigned judge must direct that a scheduling order be mailed to the parties or their attorneys of record.
Upon filing of an appearance by one or more Defendants, the Judge to whom the case is assigned shall direct the mailing of a scheduling order to the parties or their attorneys of record.
Page 11 | Rule 8: Scheduling Orders
The settled-case report must be filed with copies to the Judge, all counsel of record, and unrepresented parties.
The report shall be filed with copies to the Judge, all counsel of record and any parties not represented by counsel.
Page 14 | Rule 9.D. Report of the Settlement Master
Proposed findings must be served on all parties.
Any proposed findings shall be served upon all parties.
Page 15 | Rule 10 - Trials and Trial Settings
Trial briefs must be served on opposing counsel at least five days before trial begins.
Trial briefs must be served upon opposing counsel no less than five days before commencement of trial.
Page 15 | Rule 10 - Trials and Trial Settings
Unless the Court orders otherwise, proposed jury instructions in civil cases must be served on each adverse party within five days before trial.
Unless otherwise ordered by the court, proposed jury instructions in a civil case shall be presented to the Court and served upon each adverse party within five days prior to the trial set by the Court.
Page 15 | Rule 10 - Trials and Trial Settings
When the court signs an order for a DPHHS evaluation, counsel must mail or deliver conformed copies of the adoption petition and evaluation order to DPHHS at the specified address.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for evaluation to: Montana Department of Public Health and Human Services Child & Family Services Division 2677 Palmer Street, Suite 300 Missoula, Montana 59802
Page 22 | Rule 13: Probate and Adoption Matters
An attorney may withdraw only with the client’s consent or Court leave after notice has been served on the parties and opposing counsel, subject to the stated exception in subsection D.
Except as provided in (D), no attorney may withdraw from any case, civil or criminal, except by consent of the client and/or by leave of Court after notice has been served on the parties and opposing counsel.
Page 25 | Rule 21: Attorneys
If further proceedings are filed after counsel’s termination, notice must be served on the adverse party under Rule 4(D), M.R.Civ.P.
Thereafter if any further proceedings are filed therein, notice must be served on the adverse party as provided in Rule 4(D), M.R.Civ.P.
Page 25 | Rule 21: Attorneys
The attorney-fee affidavit must be served on opposing counsel.
The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Page 25 | Rule 21: Attorneys
Counsel must serve the notice of termination on opposing counsel and their client before being automatically relieved of their duties.
When a final disposition has been made of any case and the time for appeal has expired, all counsel of record shall be automatically relieved of their duties as counsel of record provided they first file a notice of termination with the Clerk of Court and serve the same on opposing counsel and their client.
Page 25 | Rule 21: Attorneys
The Standing Master must serve a written decision and dispositive order in contested proceedings not tried upon the facts; the method of service is not specified.
The Standing Master shall file and serve a written decision and dispositive order for all contested proceedings not tried upon the facts.
Page 29 | Rule 29 - Standing Order for Referring Cases to a Standing Master
The Standing Master must serve the written findings, conclusions, and dispositive order in contested proceedings tried upon the facts; the method of service is not specified.
The Standing Master shall file and serve written findings of fact, conclusions of law, and a dispositive order for all contested proceedings tried upon the facts.
Page 29 | Rule 29 - Standing Order for Referring Cases to a Standing Master
The filing and service of a dispositive order of the Standing Master shall trigger the beginning of the 10-day in which a party may file and serve objections pursuant to Mont. Code Ann. § 3-5-126(2).
The filing and service of a dispositive order of the Standing Master shall trigger the beginning of the 10-day in which a party may file and serve objections pursuant to Mont. Code Ann. § 3-5-126(2).
Page 29 | Rule 29 - Standing Order for Referring Cases to a Standing Master
The defendant's expert witness names and addresses must be furnished to plaintiff's counsel by the date specified in the scheduling order.
3. __________________________: Names and addresses of Defendant's expert witnesses must be furnished to Plaintiff's counsel on or before this date.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
The plaintiff's expert witness names and addresses must be furnished to defense counsel by the date specified in the scheduling order.
2. __________________________: Names and addresses of Plaintiff's expert witnesses must be furnished to defense counsel on or before this date.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
The parties must exchange exhibits and final witness lists by the date specified in the scheduling order.
5. __________________________: Exchange exhibits and final witness lists.
Page 41 | EXHIBIT “H” – SCHEDULING ORDER
All pretrial motions and supporting briefs must be served on opposing counsel by the date specified in the scheduling order.
6. __________________________: All pretrial motions, including motions in limine and motions for summary judgment, along with supporting briefs, shall be filed and served on opposing counsel on or before this date.
Page 42 | EXHIBIT “H” – SCHEDULING ORDER
The plaintiff must serve its proposed Pretrial Order on the defendant, and the defendant must serve its proposed Pretrial Order on the plaintiff.
________________: Plaintiff's Proposed Pretrial Order shall be served on Defendant. ________________: Defendant's Proposed Pretrial Order shall be served on Plaintiff.
Page 43 | Rule 8 - Scheduling Orders
In a jury case, proposed jury instructions must be exchanged and submitted 5 days before trial.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to trial.
Page 43 | Rule 8 - Scheduling Orders
Names of expert witnesses must be provided to opposing counsel two months from the date of the Scheduling Order.
Two months from the Names of expert witnesses must be provided to date of this order opposing counsel.
Page 44 | Rule 8 - Scheduling Orders
Discovery closes, and all exhibits and witness lists must be exchanged with opposing counsel three months from the date of the Scheduling Order.
Three months from the Discovery closes and all exhibits and lists of date of this order witnesses shall be exchanged with opposing counsel.
Page 44 | Rule 8 - Scheduling Orders
Names of expert witnesses must be provided to opposing counsel two months from the date of the order.
Two months from the Names of expert witnesses must be provided to date of this order opposing counsel.
Page 45
In a jury case, proposed jury instructions must be exchanged with the relevant parties five days after the Settlement Master's report is submitted to the court.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days after submission of the Settlement Master's report to the court.
Page 45
Including an email address on a pleading does not constitute an attorney’s consent to receive service electronically.
Pleadings from counsel and any pro se litigants shall include their name, address, phone, fax and email address at the top of all pleadings. The inclusion of the email address is for the convenience of the Court. Such inclusion is not considered consent by the attorney under Rule 5(b)(2)(E) M.R.Civ.P., to receive service by electronic means. The Clerk of Court’s office may not reject pleadings which do not include an email address.
Page 6 | RULE 3: FILING OF PLEADINGS, DEPOSITION, BRIEFS, ETC.
The advisement reminder letter must be copied to all counsel.
If a Judge has any matter under advisement for more than 30 days, each party affected thereby shall send to the Judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 10 | RULE 5: LAW AND MOTION
The certificate of service provides for service of the Notice of Filing by prepaid U.S. Mail or personal delivery to the opposing party.
I hereby certify that a true and correct copy of this Notice of Filing was served the _____ day of ___________________, 20___, by: [ ] depositing the same in the U.S. Mail with postage pre-paid; or [ ] personally delivering this document to the following person. (Insert Name and Address of Opposing Party)
Page 50 | CERTIFICATE OF SERVICE
Filing Fees and Waivers
Email and facsimile filings require a fee of $0.50 per page.
Documents may be submitted for filing by email or facsimile and must be accompanied by the fee of $.50/page required by Mont. Code Ann. § 25-1-201(1)(r).
Page 7 | F. Fax and E-Mail Filings
The Clerk must file post-conviction relief and habeas corpus petitions as civil proceedings and waive their filing fees.
The Clerk of Court shall file Petitions for Post-Conviction Relief and Petitions for Writ of Habeas Corpus as civil proceedings and waive any filing fee.
Page 18 | Rule 11 - Criminal Actions
Each miscellaneous filing is subject to a $120 commencement-of-action filing fee.
The Clerk of Court shall file each miscellaneous filing in its own separate cause of action and, pursuant to Mont. Code Ann. § 25-1-201(1)(a), shall charge the $120 commencement of action filing fee.
Page 28 | RULE 28: MISCELLANEOUS FILINGS
The web-based parenting program may accept court-approved fee waivers if it is completed within a 30-day period.
The program may accept court-approved fee waivers if the program is completed in a 30-day period.
Page 19 | Rule 12 - Domestic Actions
Courtesy Copy Requirements
An original and one copy of the proposed findings and conclusions must be submitted to the Clerk for the Judge's use 3 days before trial, unless the Judge orders otherwise.
An original and one copy (for the Judge's use) of the Proposed Findings of Fact/Conclusions of Law are to be submitted to the Clerk of Court three days prior to trial or as ordered by the Judge.
Page 43 | Rule 8 - Scheduling Orders
Pre-Motion Conference Requirements
Before seeking a protective order or an order compelling discovery, the movant must confer or attempt in good faith to confer with affected parties to resolve the dispute without court action.
A motion for a protective order filed under Rule 26(c), M.R.Civ.P. or a motion for an order compelling discovery filed under Rule 37, M.R.Civ.P., shall be accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute or to secure the disclosure or discovery without court action.
Page 26 | Rule 23: Motions for Protective Orders or Order Compelling Discovery – Good Faith
The Omnibus Memorandum sets the briefing sequence, including an optional response to the prosecutor’s response.
The Omnibus Memorandum will spell out a briefing schedule, a date for you to file your first brief, for the prosecutor to respond, and for you to file a response to the prosecutor’s response if you want to.
Page 69 | B. Omnibus Hearing
After all briefs are filed or the filing period expires, either party may file a Notice of Issue stating that the matter is ready for a ruling.
When all briefs have been filed, or the time for filing of briefs has expired, either party may file a "Notice of Issue" with the Court indicating that the matter is ready for ruling by the Court.
Page 10 | RULE 6: CONTESTED HEARINGS
Motions must be briefed in accordance with the schedule provided in Rule 2(a) of the Uniform District Court Rules.
All motions must be filed and shall be briefed in accordance with the schedule provided in Rule 2(a) of the Uniform District Court Rules.
Page 44 | Rule 8 - Scheduling Orders
Adjournment & Extension Requirements
A motion to continue a date 90 days beyond its original scheduling date must be submitted in writing, supported by affidavit, and signed by all parties.
MOTIONS FOR CONTINUANCE FOR DATES 90 DAYS BEYOND THE ORIGINAL SCHEDULING DATE IN ANY SCHEDULING ORDER SHALL BE SUBMITTED IN WRITING, SUPPORTED BY AFFIDAVIT, AND SHALL BEAR THE SIGNATURES OF ALL THE PARTIES.
Page 12 | Rule 8: Scheduling Orders
Scheduling-order dates may be changed only by court order upon a showing of good cause.
The dates in the scheduling order shall not be changed absent Court order upon a showing of good cause.
Page 12 | Rule 8: Scheduling Orders
If MSP cannot accommodate a Zoom hearing, counsel must determine MSP's available dates and move to continue; the Court will try to accommodate those dates and times.
If MSP states that they cannot accommodate a Zoom hearing, counsel shall determine what dates MSP would be available to accommodate a hearing. Counsel shall then make a motion to continue and the Court will try to accommodate those dates and times.
Page 31
Changes to the Scheduling Order require a court order on a showing of good cause; motions for continuance must be written, supported by affidavit, and signed by the parties.
There shall be no changes in this Scheduling Order absent court order upon showing of good cause. All motions for continuance shall be submitted in writing, supported by affidavit, and shall bear the signatures of the parties.
Page 43 | Rule 8 - Scheduling Orders
The Court may impose monetary sanctions to reimburse the Clerk's expenditures if a jury trial is settled or continued within 72 hours of its scheduled time.
In addition, the Court may impose monetary sanctions sufficient to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court if a jury trial is settled or continued within 72 hours of its scheduled time.
Page 15 | Rule 10 - Trials and Trial Settings
Give everyone involved notice of canceled appearances and hearings as early as possible.
D. Give notice of cancellation of appearances and hearings to all involved at the earliest possible time.
Page 67 | D.
Chambers Communication Rules
The Mineral County Attorney’s office must email a copy of the Affidavit and Motion for Leave to File an Information to the Judge conducting the next Mineral County Law and Motion.
A copy of any Affidavit and Motion for Leave to File an Information shall be emailed to the Judge conducting the next Law and Motion in Mineral County by the Mineral County Attorney’s office.
Page 5 | RULE 2: DIVISION OF BUSINESS
Email filings must be sent to the Clerk of Court's designated email address, and facsimile filings must be sent to the designated fax number.
Documents submitted by email must be emailed to clerkofcourt@missoulacounty.us and those submitted by facsimile must be faxed to (406) 258-4899.
Page 7 | F. Fax and E-Mail Filings
A written request to the scheduling clerk is required at least 24 hours before a law and motion hearing to place a matter on the calendar.
Matters may be placed on the law and motion calendar only upon written request to the scheduling clerk at least 24 hours in advance of the hearing date.
Page 10 | RULE 5: LAW AND MOTION
The scheduling clerk must be advised immediately if a contested matter set for hearing is resolved between the parties.
In the event any contested matter set for hearing is resolved between the parties, the scheduling clerk shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case.
Page 11 | Scheduling Oral Argument
When a case set for trial settles, the parties must immediately notify the Court or scheduling clerk.
When a case set for trial is settled, the parties must immediately advise the Court or scheduling clerk of that fact.
Page 15 | Rule 10 - Trials and Trial Settings
Counsel must consult the assigned Judge to confirm or reset the hearing date.
Thereafter, it shall be the duty of counsel to consult with the assigned Judge to either confirm or reset the hearing date fixed.
Page 25 | Rule 19 - Absence or Disability of Judge
Upon notice of discipline, suspension, unpaid bar dues, or incomplete CLE credits in any jurisdiction, an attorney must promptly notify the Chief Judge and provide copies of documents imposing sanctions.
If an attorney is (a) disciplined, (b) suspended from practice; (c) failed to pay bars dues; or (d) failed to complete CLE credits, upon notice of the aforementioned in any jurisdiction, the attorney must promptly notify the Chief Judge of the matter and provide copies of the document(s) imposing any sanctions.
Page 26 | Rule 21: Attorneys
Check with the Mineral County Clerk of Court for Mineral County Law and Motion times and dates.
Times vary so check with the Mineral County Clerk of Court for times and dates.
Page 5 | RULE 2: DIVISION OF BUSINESS
If a matter has been under advisement for more than 30 days, each affected party must send the Judge a letter describing the matter and when it was taken under advisement, with copies to all counsel.
If a Judge has any matter under advisement for more than 30 days, each party affected thereby shall send to the Judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 10 | RULE 5: LAW AND MOTION
Request that the Clerk of Court email the filed Order to CORMSPCourt@mt.gov and CORDOCRecords@mt.gov, and email the Zoom link to CORMSPCourt@mt.gov.
Request the Clerk of Court: a. E-mail CORMSPCourt@mt.gov and CORDOCRecords@mt.gov with a copy of the Order that has been filed with them. b. E-mail CORMSPCourt@mt.gov with the zoom link to connect to the hearing.
Page 30 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
For an offender at Montana State Prison, contact the Court Coordinator at CORMSPCourt@mt.gov to set a date on the Video Conference Calendar, and check date and time availability before a date is set.
With the increased demand for offenders to appear via vision net/zoom; before a date is set, it is important to determine if the date and time are available for the Facility Transportation/Video Conference Calendar. 1. Contact the Court Coordinator (see below) and set up a date on the Video Conference Calendar. a. Offenders located at Montana State Prison* - CORMSPCourt@mt.gov
Page 30 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
For an offender at Crossroads Correctional Center, contact the Court Coordinator at 406-434-7405 to set a date on the Video Conference Calendar.
Contact the Court Coordinator (see below) and set up a date on the Video Conference Calendar. c. Offenders located at Crossroads Correctional Center – 406-434-7405
Page 30 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Orders or messages sent to other individual staff may not be processed.
*Orders or messages that are sent to other individual staff may not be processed.
Page 30 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
For an offender at Dawson County Correctional Facility, contact the Court Coordinator at 406-377-1640 to set a date on the Video Conference Calendar.
Contact the Court Coordinator (see below) and set up a date on the Video Conference Calendar. b. Offenders located at Dawson County Correctional Facility – 406-377-1640
Page 30 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Counsel must email MSP's confirmation to the deputy clerk for the judge with jurisdiction.
Counsel shall then email the confirmation to the deputy clerk for the Judge in jurisdiction.
Page 31
The moving party must advise the court whether the motions are submitted on briefs or request a hearing; the source text ends before stating the rest of the hearing-request instruction.
It shall be the responsibility of the moving party to advise the court either that the motions are submitted on briefs or to request a hearing in
Page 42 | EXHIBIT “H” – SCHEDULING ORDER
No further pretrial conference will occur unless counsel requests one, and counsel must then schedule it with the court.
No further pretrial conferences shall take place unless requested by counsel. If requested, it shall be the obligation of counsel to schedule the conference with the court.
Page 43 | Rule 8 - Scheduling Orders
Suggestions regarding the comfort or convenience of jurors should be made to the Court out of the jury's hearing.
Suggestions regarding the comfort or convenience of jurors should be made to the Court out of the jury's hearing.
Page 65 | II. General Trial Conduct
Counsel must cooperate with court staff, including by promptly returning phone calls and keeping scheduled appointments.
A. Counsel are to fully cooperate with all court staff including appointed guardians, settlement masters, and standing masters by promptly returning phone calls and keeping scheduled appointments.
Page 67 | IX. Court Staff
The Clerk of Court may distribute Court Orders and Minute Entries by email instead of hard copy.
In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Courts, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.
Page 6 | RULE 3: FILING OF PLEADINGS, DEPOSITION, BRIEFS, ETC.
When practical, give the Court advance notice of complex or difficult legal issues expected to require argument.
F. When practical, give the Court advance notice of any legal issue which is likely to be complex, difficult, and which you expect to require argument.
Page 66 | II. General Trial Conduct