Mineral County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Motion for continuance

A qualifying motion for continuance must be in writing and include an affidavit and all parties’ signatures.

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.

CRITICAL

Applies to

Motion to appear by zoom

Must include

proposed order

Counsel must submit a proposed order for the motion to appear by Zoom.

Counsel shall also submit a proposed order.

CRITICAL

Applies to

Notice of completion

To receive credit for the orientation, file a Notice of Completion stating that the entire program was watched and provide a report of at least five important points to use in becoming a better co-parent.

In order to receive credit for watching the program, you must file a Notice of Completion with the Court stating that you have watched the entire program, and provide a report of at least five (5) points which you feel were important parts of the presentation by the psychologist and which you will use to become a better co-parent for your child(ren).

CRITICAL

Applies to

Standing master findings and dispositive order

For contested proceedings tried upon the facts, the Standing Master must file and serve written findings of fact, conclusions of law, and a dispositive order.

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.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must be filed when Rule 8 requires them or the Court requests them.

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.

CRITICAL

Applies to

Proposed jury instructions

In a jury case, proposed jury instructions must be exchanged and 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.

CRITICAL

Applies to

Child support change

An agreed child-support change must be in writing, filed with the court, and approved by a court or CSED order to be enforceable.

If the parents agree to change child support, in order for the change to be enforceable, the change must be in writing, filed with the court, and approved by a court or CSED order.

CRITICAL

Applies to

Personal representative estate filing

The personal representative must file either the statutory certificate or a declaration that no federal estate tax return was required, separately or in the Petition for Distribution.

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.

CRITICAL

Applies to

Written request

A copy of the bail-transfer request must be filed with the district court clerk.

A copy of the request must be filed with the clerk of district Court.

CRITICAL

Applies to

Discovery disclosure

You must give the prosecutor the names and addresses of your defense witnesses and a list of the evidence you intend to offer.

You must give the prosecutor the names and addresses of any witnesses you intend to call in support of your defense, and a list of any evidence you intend to offer into evidence.

CRITICAL

Applies to

Settlement master report

The Settlement Master must submit a report to the court within five days after the conference is completed.

The Settlement Master shall submit a report to the court within 5 days of completion of the conference.

CRITICAL

Applies to

Order to appear

An Order to Appear via Vision Net/Zoom must be created and filed with the Clerk of Court.

Create and File an Order to Appear via Vision Net/Zoom with the Clerk of Court.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Standing master decision and dispositive order

For contested proceedings not tried upon the facts, the Standing Master must file and serve a written decision and dispositive order.

The Standing Master shall file and serve a written decision and dispositive order for all contested proceedings not tried upon the facts.

CRITICAL

Applies to

Adoption evaluation order

Counsel must present the court with an order for the adoption pre-placement evaluation.

It is the obligation of counsel to present to the Court an order for such evaluation.

CRITICAL

Applies to

Motion

Must include

certificate of service

Every motion must include a certificate of service.

All motions must include a certificate of service.

CRITICAL

Applies to

Motion for permission

A motion for permission must set forth the grounds for seeking permission.

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).

CRITICAL

Applies to

Bail documents

For a bail bond or other permitted bail, the actual bail documents must be delivered to the district court clerk.

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.

CRITICAL

Applies to

Pretrial order

A Pretrial Order must be completed and filed with the court pursuant to Rule 5 of the Uniform District Court Rules.

The Pretrial Order shall be completed and filed with the court, prepared pursuant to Rule 5 of the Uniform District Court Rules.

CRITICAL

Applies to

Motion to appear by zoom

The motion to appear by Zoom must state that counsel contacted MSP, MSP accepts the date and time, and provide the Zoom call information.

If the ZOOM time and date are acceptable to MSP, counsel shall file a motion to appear by ZOOM conference and state in the motion that they have contacted MSP and the date and time is acceptable to MSP along with the ZOOM information to call.

CRITICAL

Applies to

Will

The original will must be filed with the clerk.

The original must be filed with the clerk.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Each motion must include a prefatory statement certifying that the other parties were contacted and stating whether they object.

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.

CRITICAL

Applies to

Settlement master report

Counsel must advise the Settlement Master of the anticipated trial length and unavailable dates for parties or key witnesses, and the report to the court must include that information.

Counsel shall advise the Settlement Master, and the Settlement Master shall include in the report to the court, the anticipated length of trial and the dates the parties or key witnesses are unavailable for trial.

CRITICAL

Applies to

Written request

The County Attorney must deliver a duplicate copy of the bail-transfer request to Justice Court.

The County Attorney must deliver to Justice Court duplicate copy of such request;

CRITICAL

Applies to

Proposed verdict form

Each party must submit proposed verdict forms at the same time and in the same manner as jury instructions.

Proposed forms of verdict must be submitted by each party at the same time and in the same manner as jury instructions.

CRITICAL

Applies to

Notice

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.

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.

CRITICAL

Applies to

Notice of termination

After final disposition and expiration of the appeal period, counsel are relieved of their duties only if they first file a notice of termination with the Clerk and serve it on opposing counsel and their client.

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.

CRITICAL

Applies to

Attorney discipline notice

The attorney’s notice to the Chief Judge must include copies of documents imposing any 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.

CRITICAL

Applies to

Written request

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.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion for a protective order or to compel discovery must include a certification of the movant’s good-faith conference or attempted conference.

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.

CRITICAL

Applies to

Jury instructions

Each proposed jury instruction must be furnished to the Court as an original and one copy, along with a Word-formatted document.

The original and one copy of each instruction proposed must be furnished to the Court, along with the instructions in a Word- formatted document.

WARNING

Applies to

Omnibus hearing memorandum

The Omnibus Memorandum asks about any other pretrial motions and requests a briefing schedule.

The Omnibus Memorandum will also ask you if you have any other pre-trial motions and ask you to spell out a briefing schedule.

WARNING

Applies to

Minute entry

A party relying on a minute entry must ensure that it is duly entered.

It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

WARNING

Applies to

Motion

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).

WARNING

Applies to

Email delivery request

Attorneys or parties who want Orders or Minute Entries emailed to them must provide the relevant email address or addresses to the Clerk’s office.

Attorneys or parties wishing to receive copies by email must provide the Clerk's office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.

WARNING

Applies to

Omnibus hearing memorandum

An Omnibus Hearing Memorandum should be prepared and filed before the omnibus hearing.

An Omnibus Hearing Memorandum should be prepared and filed prior to the omnibus hearing.

WARNING

Applies to

Zoom appearance

Anyone viewing or participating in a hearing through Zoom must provide their name on the Zoom connection; failure to include appropriate identifying information may result in removal.

Any individual who intends to view or participate in a hearing through a Zoom appearance is required to provide their name on the Zoom connection. Failure to include the appropriate identifying information may result in removal from the Zoom platform.

WARNING

Applies to

Written notice

Unless a judge specifically waives the requirement, the County Attorney’s office must inform each defendant in writing of the longevity-pay surcharge amount.

Unless specifically waived by a Judge, each Defendant will be informed in writing by the office of the County Attorney of the amount of the County Attorney longevity pay surcharge to be paid by the Defendant.

WARNING

Applies to

Order directing scheduling order

The order directing a scheduling order must advise that failure to submit an agreed-upon order will result in the Court issuing one sua sponte.

The Order (Exhibit "G") directing filing of a Scheduling Order (Exhibit “H”), shall advise the parties that failure to submit an agreed-upon scheduling order shall result in the Court issuing a scheduling order sua sponte which will be substantially as set forth in (Exhibit "I").

WARNING

Applies to

Billing statement

The GAL must record the interviews and their times on each billing statement.

The GAL shall document these interviews and times on each billing statement.

WARNING

Applies to

Copies

A party requesting mailed copies or copies to be conformed must furnish those copies to the Clerk of Court.

If a party requires copies of a pleading, order, etc., to be mailed to themselves or others, the copies must be furnished to the Clerk of Court. Copies of documents to be conformed must also be furnished to the Clerk of Court.

WARNING

Applies to

Gal reports and updates

The GAL must provide written reports and timely updates to the Court and parties about the child's support, parenting, and parental contact.

The GAL shall make written reports and timely updates to the Court and parties, concerning the child's support, parenting, and parental contact.

INFO

Applies to

Order to appear

The Order should include the who, what, where, when and most importantly, the how the offender will attend the hearing.

The Order should include the who, what, where, when and most importantly, the how the offender will attend the hearing.

INFO

Applies to

Residential change notice

A parent who changes residence should provide written notice to the other parent and the court.

A parent who changes residence should provide written notice to the other parent and the court.

INFO

Applies to

Scheduling order

A scheduling order is not required for the listed case types unless the case becomes contested.

Pursuant to Rule 16(b), M.R.Civ.P., a scheduling order is not required, unless the case becomes a contested case: (1) juvenile cases; (2) URESA actions; (3) dependent and neglect cases; (4) abstracts and transcript of judgment; (5) adoptions;