Mineral County District Court, Montana Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Expert witness names

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.

CRITICAL

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.

CRITICAL

Applies to

Scheduling order

Service

Mail

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings must be served on all parties.

Any proposed findings shall be served upon all parties.

CRITICAL

Applies to

Exhibits and witness lists

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.

CRITICAL

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

CRITICAL

Applies to

Trial brief

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.

CRITICAL

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.

CRITICAL

Applies to

Jury instructions

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed pretrial 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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

Applies to

Proposed jury instructions

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.

CRITICAL

Applies to

Motion

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.

CRITICAL

The parties must exchange exhibits and final witness lists by the date specified in the scheduling order.

5. __________________________: Exchange exhibits and final witness lists.

CRITICAL

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.

WARNING

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.

WARNING

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.

INFO

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)