Mineral County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Proposed order decree or judgment

A proposed order, decree, or judgment must be presented to the Clerk before the matter is heard.

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.

CRITICAL

Applies to

Abstract of administrative order

CSSD must file an abstract of any final or temporary administrative order with the Court.

CSSD shall file an abstract of any final or temporary administrative order to the Court in this case.

CRITICAL

Applies to

Omnibus hearing memorandum

You must sign the Omnibus Hearing Memorandum form after completing your portion.

When you have filled out your portion, you must sign the form.

CRITICAL

Applies to

Final pretrial order

The final Pretrial Order must be submitted to the Court.

________________: The final Pretrial Order is to be submitted to the Court.

CRITICAL

Applies to

Omnibus form

The omnibus form must declare that the prosecutor has extended a plea offer.

The Omnibus form shall include a declaration that the prosecutor has extended a plea offer.

CRITICAL

Applies to

Pleading or filed document

Must include

ai disclosure

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.

(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.

CRITICAL

Applies to

Petition for probate of will

A petition to probate a will must have a copy of the will attached.

Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached.

CRITICAL

Applies to

Agreement or consent

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.

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.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Request for oral argument

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.

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.

CRITICAL

Applies to

Motion

A motion must be in writing and include a supporting legal memorandum.

A motion must be in writing and accompanied by a legal memorandum known as a brief in support of your motion.

CRITICAL

Applies to

Cover letter

Any special requests regarding trial scheduling must be conveyed to the court in a cover letter submitted with the Pretrial Order.

The parties shall advise the court in a cover letter submitted with the Pretrial Order of any special requests regarding scheduling of the trial.

CRITICAL

Applies to

Jury instructions

Court-submitted jury-instruction copies must be consecutively numbered, identify the requesting party, and cite supporting authority; the original must be clean and contain no citation.

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.

CRITICAL

Applies to

Conference certification

Within ten days after the lawyers resolution conference, the plaintiff/petitioner or counsel must submit a certification that it was held and state whether the case settled.

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.

CRITICAL

Applies to

Attorney fee evidence

When attorney’s fees are requested in a civil case, competent evidence must be submitted so the Court can determine reasonable fees.

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.

CRITICAL

Applies to

Bail or bond release

Before bail or bond is released, the original receipt and appropriate identification must be presented.

Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.

CRITICAL

Applies to

Scheduling order

The scheduling order form must provide fields for the listed dates and matters, including pretrial motions, discovery, experts, conferences, and the proposed Pretrial Order.

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.

CRITICAL

Applies to

Written request

The County Attorney must file a written bail-transfer request with Justice Court when filing 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;

CRITICAL

Applies to

Settlement statement

A settlement statement must address the nature of the case, issues, points of law, each party's case strengths and weaknesses, and the history of settlement negotiations.

The statement shall set forth the nature of the case, the issues, the points of law, the strengths and weaknesses of each party's case and a history of settlement negotiation.

CRITICAL

Applies to

Pretrial order

The Pretrial Order must be prepared and submitted pursuant to Rule 5 of the Uniform District Court Rules.

The Pretrial Order shall be prepared and submitted pursuant to Rule 5 of the Uniform District Court Rules.

CRITICAL

Applies to

Written instrument

When judgment is entered on a written instrument, the instrument must be presented to the clerk when judgment is granted.

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.

CRITICAL

Applies to

Document other than case initiating document

Documents other than the case-initiating document must identify the department with jurisdiction, with the department number directly above the cause number.

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.

CRITICAL

Applies to

Motion in limine

A motion in limine must assert that the party asked opposing counsel not to offer the evidence and that counsel rejected the request or did not respond.

The Court will not grant a motion in limine unless a party asserts in the motion that it has requested that opposing counsel not offer the evidence but counsel has either rejected the requests or not responded.

CRITICAL

Applies to

Omnibus hearing memorandum

The Omnibus Memorandum must disclose any affirmative defenses and identify the witnesses supporting them to the prosecutor and the Court.

You must also tell the prosecutor and the Court in the Omnibus Memorandum if you have certain defenses called affirmative defenses such as alibi, self-defense, or mental disease or defect. You are required to tell the prosecutor and the Court who your witnesses will be in support of these defenses.

CRITICAL

Applies to

Proof of attendance

Proof of attendance from each party 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.

CRITICAL

Applies to

Proposed scheduling order

The plaintiff’s attorney must consult with opposing counsel and any unrepresented party, then file the attached proposed Scheduling Order.

To enable the court to issue the Scheduling Order required by Rule 16(b), M.R.Civ.P., the attorney for the Plaintiff is directed to consult with the attorney for the opposing parties and any unrepresented party and thereafter file with the court the attached proposed Scheduling Order.

CRITICAL

Applies to

Settlement master report

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.

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.

CRITICAL

Applies to

Request for hearing

A motion requiring testimony must be scheduled as a contested matter, with the appropriate Request for Hearing pleading presented to the Court's scheduling clerk.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion seeking an order requiring participation in a deposition in a foreign jurisdiction must certify that the parties and deponents were contacted, whether they object, and whether they agreed on a date and location.

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.

CRITICAL

Applies to

Final decree or order

Before a matter is set for hearing, prepare the final Decree or Order for the Judge’s signature and submit it to the Clerk of Court for lodging in the court file.

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.

CRITICAL

Applies to

Dissolution or annulment action

Parties to a dissolution or annulment must complete and submit the current registry and vital statistics form to the clerk before the court takes final action.

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.

CRITICAL

Applies to

Hearing request

A hearing request must identify the issue, estimate the time required by each party, and state the number of witnesses each party will call.

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.

CRITICAL

Applies to

Certificate of completion

A party using the alternative Children In Between program must file its certificate of completion with the Court.

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.

CRITICAL

Applies to

Appeal

For an appeal, a trial transcript must be ordered and the entire District Court Record must be sent to the Montana Supreme Court.

You must order a transcript of the trial and that the entire District Court Record be sent to the Montana Supreme Court.

CRITICAL

Applies to

Objection

Objections to a Standing Master’s Report must be written, identify each challenged fact or legal conclusion, and state with particularity the basis for each asserted error with citations to relevant legal authority.

Objections to the Standing Master’s Report must: A. be written; B. specifically identify the subject of fact or conclusion of law asserted to be in error; and C. for each assertion of error, state with particularity the asserted factual or legal basis or reason for the assertion with citation to relevant legal authority.

CRITICAL

Applies to

Cash bail transfer

For cash bail, the justice or municipal judge must deposit a check, warrant, or draft for the full bail amount.

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.

CRITICAL

Applies to

Pro bono service qualification

A party seeking the described pro bono services must file an Affidavit of Inability to Pay Filing Fees and Other Costs and Order.

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.

CRITICAL

Applies to

Pleadings

When an attorney’s authority to represent a party is disputed, the Court will recognize the attorney’s appearance only if the attorney has the client’s written authority or the party personally signed the pleadings.

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.

CRITICAL

Applies to

Note of issue

In civil, divorce, or invalidity actions, counsel must prepare and present a Note of Issue to the Clerk of Court once the parties are fully joined.

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.

CRITICAL

Applies to

Attorney fee affidavit

A party seeking attorney fees must file and serve opposing counsel with an affidavit itemizing the claim.

The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.

CRITICAL

Applies to

Settlement master report

For a settled case, the settlement master must submit a conference report on the Court-provided form stating the settlement results.

The settlement master shall submit, on a form provided by the Court (Exhibit “K”), a report of the conference and its settlement results.

CRITICAL

Applies to

Cover letter

When submitting the pretrial order, counsel must include a cover letter stating trial-setting requests, legitimate unavailability dates, and the estimated trial length.

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.

CRITICAL

Applies to

Request for hearing

When oral argument is granted, the moving party must prepare a Request for Hearing for the Court's Law and Motion day.

When oral argument is granted, the moving party must prepare a Request for Hearing for the Court's Law and Motion day.

CRITICAL

Applies to

Transfer order

The transfer order must state the amount and nature of the bail furnished.

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.

CRITICAL

Applies to

Plea of guilty and waiver of rights form

Defense counsel must present a Plea of Guilty and Waiver of Rights form to the Court when the defendant pleads guilty.

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.

CRITICAL

Applies to

Attorney fee objections

The opposing party’s filing must include objections and a request for a hearing on attorney fees.

The opposing party shall, within ten (10) days thereafter, file objections and a request for a hearing thereon.

CRITICAL

Applies to

Order

Every order, whether contested or uncontested, must accompany the motion as a separate document.

All Orders (uncontested or not) shall accompany the motion as separate documents and be submitted in a Word- formatted document.

CRITICAL

Applies to

Notice

The parties must file a Notice with the Court of the CSSD case number within 5 business days of CSSD assigning a case 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.

CRITICAL

Applies to

Omnibus hearing memorandum

The Omnibus Hearing Memorandum form must indicate whether you intend to file pretrial motions.

You must indicate on the form whether you intend to file any pre-trial motions.

CRITICAL

Applies to

Cover letter

A cover letter submitted with the Pretrial Order must tell the court of special trial-scheduling requests, including agreed unavailable dates and the anticipated trial length.

The parties shall advise the court in a cover letter submitted with the Pretrial Order of any special requests regarding the scheduling of the trial, including dates that counsel agree should not be devoted to trial of the case and the anticipated length of trial.