Missoula County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Findings Conclusions
- 1 copy • Three Days Prior to Trial or as Ordered by Judge
Adjournments
- To extend the pretrial order deadline, a motion and an order of the judge are required.
- Scheduling order dates may be changed only by court order upon a showing of good cause.
- A motion to continue a date 90 days beyond the original scheduling date must be submitted in writing, supported by affidavit, and signed by all parties.
- +4 more
Request must include
Communication
Clerk
Clerk
Phone
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
A party seeking to file more than one duplicative motion must obtain permission before the court rules; the permission motion must state its grounds and is limited to 500 words.
- Motion for permission
- Up to 500 words
Court's wording
IF A PARTY BELIEVES THAT DISCOVERY OR OTHER FACTORS REQUIRE FILING MORE THAN ONE SUCH DUPLICATIVE MOTION, THEN THE PARTY MUST OBTAIN PERMISSION TO DO SO BEFORE THE COURT WILL RULE ON THE MOTION. 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).
In Department 3, briefs are limited to 20 pages, excluding indexes, appendices, and attached exhibits, unless the court grants prior leave; parties may not evade the limit by splitting arguments among motions.
- 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. Parties may not in any case attach a copy of an opinion that can be cited. Parties may not avoid these page limits by filing several motions to dismiss, motions for summary judgment, or other motions—such as using a motion in limine to have the effect of a motion for summary judgment.
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 Requirements16 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.
E-Mailed documents must be in a PDF format and submitted as an attachment to an email.
- File type
- Email filing document
Formatting
- •Submit the PDF as an attachment to an email
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).
All Orders (uncontested or not) shall accompany the motion as separate documents and be submitted in a Word-formatted document.
- Proposed order
Formatting
- •Submit the order in a Word-formatted document
The proposed document also shall be provided to the Court in Word-format for its review.
The original and one copy of each instruction proposed must be furnished to the Court, along with the instructions in a Word- formatted document.
Hand all unmarked exhibits to the clerk for marking before using them in trial.
After an exhibit has been admitted, mark on it only with the Court's permission.
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).
Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative.
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.
Parties may not in any case attach a copy of an opinion that can be cited.
Premark exhibits with the clerk for identification prior to trial where appropriate.
In this Judicial District, State’s exhibits are identified by number and Defense exhibits are identified by letter.
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.
It is helpful to have exhibits pre-marked and the clerk of court has exhibit stickers.
- Exhibits
Formatting
- •Pre-marking exhibits is recommended
Document Filing Requirements90 rules
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 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.
All E-Mail Documents must be properly signed and dated.
A party who uses generative AI to prepare a court filing must disclose the tool and its use and certify that AI-assisted content, including facts and legal authorities, has been checked for accuracy.
- Document
- Pleading or filed document
Must include
- •AI disclosure
Court's wording
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.
Each motion must include a prefatory certification stating that the other parties were contacted and 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.
All motions must include a certificate of service.
- Document
- Motion
Must include
- •Certificate of service
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 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.
All Orders (uncontested or not) shall accompany the motion as separate documents and be submitted in a Word-formatted document.
When leave of Court is required before a pleading can be filed, a proper motion must be filed and served.
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.
The scheduling order form must provide fields for attorneys of record to fill in dates and other information on the listed case-management matters.
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.
Counsel requesting oral argument must state with the Notice of Issue or in a separate request why oral argument is warranted and why the briefs are inadequate, except when argument is mandatory unless waived.
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.
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.
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.
If the case does not settle, the settlement master’s report must state the anticipated trial length, legitimate unavailability dates for counsel or key witnesses, and any special trial requests or needs.
Court's wording
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.
Unless the Court orders otherwise, proposed civil jury instructions must be presented and served within five days before trial and must meet the specified copy, numbering, attribution, citation, and clean-original requirements.
Court's wording
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. 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.
Proposed forms of verdict must be submitted by each party at the same time and in the same manner as jury instructions.
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.
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 six specified grounds, 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 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.
Counsel must present an order for the pre-placement evaluation in adoption matters, although the evaluation may be considered for waiver when the petitioner is a stepparent or extended-family member.
Court's wording
A. Adoption Investigation. In all adoption matters the pre-placement evaluation required by Mont. Code Ann. § 42-3-201, will be ordered by the Court. It is the obligation of counsel to present to the Court an order for such evaluation. The evaluation will then be considered for waiver by the Court or the Department of Public Health and Human Services (DPHHS) if the petitioner is a stepparent or a member of the child's extended family.
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.
The original must be filed with the clerk.
Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached.
The County Attorney must deliver to Justice Court duplicate copy of such request;
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;
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.
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.
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.
Counsel must file notice with the local clerk in charge of outside judges when arranging necessary personnel or facilities for the proceeding.
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.
A request for attorney fees in a civil case must be supported by competent evidence allowing the Court to determine a reasonable fee.
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.
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.
When an attorney’s authority to represent a party is disputed, the attorney must have written client authority or pleadings personally signed by the party.
Court's wording
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.
A nonresident attorney must join of record with a Montana-admitted resident attorney by the first appearance or within ten days afterward, and before further proceedings.
Court's wording
An attorney seeking to be admitted to practice before this Court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest Courts of another State, must at the time of his/her first appearance in a District Court in Montana, or within ten days thereafter, and before any further proceedings are had in the matter, join with, of record, an attorney who is admitted to practice in Montana and who is a resident of Montana.
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.
The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
A Rule 26(c) protective-order motion or Rule 37 motion to compel must include a certification of the movant’s good-faith conference or attempted conference.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
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. Failure to include the certification or failure to make a good faith effort to confer may result in sanctions as allowed by Rule 26(c) and 37.
When judgment is entered on a written instrument, the instrument must be presented to the clerk when the Court grants judgment.
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 clerk shall sign the entry, attach the official seal, and file the instrument.
The attorney’s notice to the Chief Judge must include copies of documents imposing 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.
The instrument shall not be removed except by the order of the Court in writing setting forth the facts of such removal.
Filing & Service rules
Electronic Filing Rules
Documents may be submitted for filing by email or facsimile, with 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
Email filings must be sent to clerkofcourt@missoulacounty.us, and facsimile filings must be sent to (406) 258-4899.
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
Montana-admitted lawyers and pro hac vice attorneys 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 these filings.
A hard copy original need not be provided.
Page 7 | F. Fax and E-Mail Filings
Filing Timing and Cure Windows
The final Decree or Order must be submitted to the Clerk of Court before the matter is set for hearing.
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.
Page 6 | Rule 3 - Filing of Pleadings, Deposition, Briefs, Etc., D. Necessary Copies Presented
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 written request to place a matter on the law and motion calendar is due at least 24 hours before the hearing.
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, C
A matter cannot 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.
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, E
Present the proposed order, decree, or judgment to the clerk before the hearing.
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.
Page 10 | RULE 5: LAW AND MOTION, E
The pretrial order deadline is seven months from the filing of an appearance unless extended by motion and order of the judge.
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. 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 lawyers resolution 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
For an unsettled case, the settlement master must submit the Court-form conference report 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: SETTLEMENT CONFERENCES
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.
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, B. Omnibus Hearings
By the tenth day after publication of the trial calendar, parties in each unresolved case must take one or more of the listed steps, including requesting a change-of-plea setting, filing a continuance motion and speedy-trial waiver, or filing a jury request.
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, C. Plea Negotiations
The County Attorney must file a written bail-transfer request with Justice Court at the same time as filing the District Court motion.
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 nonresident attorney’s association with Montana counsel must occur at the first appearance or within ten days thereafter, and before further proceedings.
An attorney seeking to be admitted to practice before this Court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest Courts of another State, must at the time of his/her first appearance in a District Court in Montana, or within ten days thereafter, and before any further proceedings are had in the matter, join with, of record, an attorney who is admitted to practice in Montana and who is a resident of Montana.
Page 25 | RULE 20: NON-RESIDENT ATTORNEY
The opposing party must file objections and request a hearing within ten days after the fee affidavit, or waive the right to a hearing on fees.
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 — C. Attorney Fees
The written instrument must be presented to the clerk at the time the Court grants judgment.
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.
Page 26 | RULE 24: JUDGMENT ON WRITTEN INSTRUMENT
The filing and service of the Standing Master’s dispositive order starts the 10-day period in which a party may file and serve objections.
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 | Final Orders and Decrees
If no objections are filed within 10 days, the Standing Master’s findings, conclusions, order, or decree become the Court’s final order.
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.
Page 29 | Final Orders and Decrees
Objections to a Final Decree of Dissolution that do not challenge the irretrievable-breakdown finding do not delay the finality of that provision or the dissolution.
Pursuant to Mont. Code Ann. § 40-4-108(1), the filing of objections to a Final Decree of Dissolution issued by the Standing Master that do not challenge the finding that the marriage is irretrievably broken will not delay the finality of that provision of the Decree and therefore the marriage remains dissolved in accordance with the Standing Master’s Order.
Page 29 | Finality of Final Dissolution Decree Issued by Standing Master
The parties must exchange exhibits and final witness lists by the date set in the scheduling order.
5. __________________________: Exchange exhibits and final witness lists.
Page 41 | Exhibit H – Scheduling Order
The plaintiff must furnish defense counsel the names and addresses of its expert witnesses by the date set 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
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
All discovery must be completed by the date set in the scheduling order.
4. __________________________: All discovery in this matter shall be completed on this date.
Page 41 | Exhibit H – Scheduling Order
The defendant must furnish plaintiff's counsel the names and addresses of its expert witnesses by the date set 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
All parties must be joined and all pleading amendments filed by the date set 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
All pretrial motions and supporting briefs, including motions in limine and summary-judgment motions, must be filed and served on opposing counsel by the date set 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
By the date set in the scheduling order, the moving party must have the motions heard or submitted on briefs and advise the court which applies or request a hearing.
7. _______________________: Hearings on motions or submission of the motions on briefs shall be accomplished by this date. 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
In a jury case, proposed jury instructions must be exchanged and submitted five days before trial.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to trial.
Page 43 | Scheduling Order
The proposed findings and conclusions are due three days before trial, unless the Judge orders a different deadline.
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 | Scheduling Order
The Settlement Master must submit a report to the court within five 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 | Scheduling Order
All motions must be filed four months from the date of the order.
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 | Exhibit I — Scheduling Order
All parties must be joined and amendments to the pleadings must be filed one month from the date of the order.
One month from the All parties must be joined and amendments to the date of this order pleadings filed.
Page 44 | Exhibit I — Scheduling Order
The court must issue a scheduling order within 120 days after the complaint is filed.
Pursuant to Rule 16(b), M.R.Civ.P., it is the duty of the court to issue a scheduling order within 120 days of the filing of the complaint.
Page 44 | Exhibit I — Scheduling Order
Discovery closes and all exhibits and witness lists must be exchanged with opposing counsel three months from the date of the 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 | Exhibit I — Scheduling Order
The Pretrial Order must be completed and filed with the court 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 | Scheduling Order
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.
Page 45 | Scheduling Order
A settlement conference must be held in accordance with Rule 9 of the Local Rules two months from the date of the order.
Two months from the date of this order A settlement conference shall be held in accordance with Rule 9 of the Local Rules.
Page 45 | Scheduling Order
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 | Order Setting Settlement Conference
The Notice is due within five business days after CSSD assigns 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.
Page 51 | Order to Apply for Establishment of Medical and Child Support
The parties must apply for Montana 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
Suppression motions must be filed before trial to preserve an objection to admission of 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.
If the proposed Scheduling Order is not filed within 30 days of the order, the court will issue the attached Scheduling Order on its own initiative.
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
Sentence-review filing deadlines are stayed during an appeal and apply again if the appeal is decided against you.
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 | Sentence Review.
Once all briefs are filed or the briefing period expires, either party may file a Notice of Issue indicating 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, A
Service and Proof of Service Rules
When Court leave is required before a pleading may be filed, the proper motion must be 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
The settled-case report must be filed with copies to the Judge, counsel of record, and any 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: SETTLEMENT CONFERENCES
Proposed findings must be served on all parties.
Any proposed findings shall be served upon all parties.
Page 15 | Rule 10 - Trial and Trial Settings
Unless the Court orders otherwise, proposed civil jury instructions 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 - Trial 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 - Trial and Trial Settings
When the Court orders a DPHHS evaluation, counsel must mail or deliver conformed copies of the Petition for Adoption and evaluation order to the specified DPHHS office.
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(A) - Adoption Investigation
Counsel must serve the notice of termination on opposing counsel and their client before being automatically relieved under subsection D.
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 — D. Release of Counsel of Record on Notice
Before an attorney withdraws under subsection B, notice must be served on the parties and opposing counsel.
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 — B. Withdrawal by Attorney
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 — C. Attorney Fees
If further proceedings are filed after counsel has been relieved, notice must be served on the adverse party as provided in 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 — D. Release of Counsel of Record on Notice
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.
Page 29 | Final Orders and Decrees
A party may serve objections to the Standing Master’s dispositive order during the 10-day period that begins upon filing and service of the 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).
Page 29 | Final Orders and Decrees
For contested proceedings tried upon the facts, the Standing Master must file and serve written findings, conclusions, and a dispositive order.
Pursuant to Mont. Code Ann. § 3-5-126(1) and Rule 52(a), M.R.Civ.P., 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 | Final Orders and Decrees
Pretrial motions and supporting briefs must be served on opposing counsel by the date set 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 the Plaintiff's Proposed Pretrial Order on the Defendant.
________________: Plaintiff's Proposed Pretrial Order shall be served on Defendant.
Page 43 | Scheduling Order
The Defendant must serve the Defendant's Proposed Pretrial Order on the Plaintiff.
________________: Defendant's Proposed Pretrial Order shall be served on Plaintiff.
Page 43 | Scheduling Order
In a jury case, proposed jury instructions must be exchanged five days before trial.
Proposed jury instructions (in a jury case) are to be exchanged and submitted 5 days prior to trial.
Page 43 | Scheduling Order
All exhibits and witness lists must be exchanged with opposing counsel three months from the date of the 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 | Exhibit I — Scheduling Order
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 44 | Exhibit I — Scheduling Order
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 | Scheduling Order
The form provides for certifying service of the Notice of Filing on the opposing party by prepaid U.S. mail or personal delivery.
CERTIFICATE OF SERVICE 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 Completion of Online Parenting Plan Course
Including an email address on a pleading does not constitute the attorney’s consent to electronic service under Rule 5(b)(2)(E) M.R.Civ.P.
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.
Page 6 | Rule 3 - Filing of Pleadings, Deposition, Briefs, Etc., D. Necessary Copies Presented
In a jury case, proposed jury instructions must be exchanged among the parties.
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 | Scheduling Order
Filing Fees and Waivers
Email and facsimile filings 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
The Clerk must file post-conviction relief and habeas 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, I. Petitions for Post-Conviction Relief and Petitions for Writ of Habeas Corpus
A $120 commencement-of-action filing fee is charged for each miscellaneous filing, which must be filed in its own separate cause of action.
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 parties must agree on responsibility for paying the settlement master’s fees.
The parties shall agree upon responsibility for payment of the fees charged by the settlement master.
Page 13 | RULE 9: SETTLEMENT CONFERENCES
Settlement conference fees are waived when the Court has approved an Affidavit of Inability to Pay Filing Fees.
Fees are waived when the Court has approved an Affidavit of Inability to Pay Filing Fees.
Page 13 | RULE 9: SETTLEMENT CONFERENCES
Costs of settlement master shall be included in the final judgment; however, unless the parties agree otherwise, the settlement master should be paid 50% by each party at the time of the settlement conference.
Costs of settlement master shall be included in the final judgment; however, unless the parties agree otherwise, the settlement master should be paid 50% by each party at the time of the settlement conference.
Page 14 | RULE 9: SETTLEMENT CONFERENCES
The parties must share the Settlement Master’s fees equally unless they agree on another allocation.
The parties shall be equally responsible for payment of the fees charged by the Settlement Master or shall agree among them the responsibility for payment of those fees.
Page 47 | Rule 9 - Settlement Conferences
Courtesy Copy Requirements
One Judge's-use copy of the proposed findings and conclusions must be submitted with the original three 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 | Scheduling Order
Sealing & Redaction Procedures
Juvenile, adoption, and sealed records may not be withdrawn or inspected without a court order, except that a criminal defendant may access a file dismissed after deferred imposition of sentence.
The records and files in juvenile and adoption actions and sealed files shall not be withdrawn, examined, or inspected by anyone except upon order of the Court. An exception would be a criminal Defendant may have access to his file that has been dismissed after a deferred imposition of sentence.
Page 9 | RULE 4: COURT RECORDS, B
Pre-Motion Conference Requirements
Unless the Court orders otherwise, pretrial motions must be filed before the pretrial order, and the pretrial order must be filed before the master-supervised settlement conference so the motions can be ruled on beforehand.
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. This will allow pretrial motions to be ruled upon prior to the holding of the master-supervised settlement conference.
Page 12 | Rule 8 - Scheduling Orders
Trial counsel and all parties must attend the master-supervised conference in person; out-of-area corporations and insurers may send a representative in person or by speaker phone unless the Court orders personal attendance for good cause, and all participants must have settlement authority.
Counsel who will try the case and all parties must attend in person. Out-of-area corporations or insurance companies must have a representative present in person or via speaker phone, unless personal attendance is ordered by the Court upon a showing of good cause. All participants must have requisite settlement authority.
Page 13 | RULE 9: SETTLEMENT CONFERENCES
Except as provided by statute, each civil case must have a lawyer’s resolution conference and a master-supervised settlement conference before it may be set for trial.
A. Settlement Conferences Required. Except as provided in Mont. Code Ann. § 40-4-301, each civil case, there will be two settlement conferences, the holding of which will be required before a case may be set for trial. The first is a lawyer’s resolution conference and the second is a master-supervised settlement conference, both of which are provided for in the Scheduling Order prepared and issued in accordance with Rule 8 of the Local Rules.
Page 13 | RULE 9: SETTLEMENT CONFERENCES
A case may not be tried without both required settlement conferences unless the requirement is waived by motion and court order.
No case may be tried unless it has been through a lawyer’s resolution conference and master-supervised settlement conference as required by these rules. This requirement may be waived only upon motion and order of the
Page 14 | RULE 10: TRIALS AND TRIAL SETTINGS
Cases are set for trial upon submission of the settlement master’s report, and a master-supervised conference is required before trial setting unless the Court orders otherwise upon motion and good cause.
Cases will be set for trial upon submission of the settlement master's report. No case will be set for trial without a master-supervised settlement conference unless specifically provided by Court order upon motion and showing of good cause.
Page 14 | RULE 9: SETTLEMENT CONFERENCES
Before seeking court action on a Rule 26(c) protective-order motion or Rule 37 motion to compel, the movant must confer or attempt to confer in good faith with affected parties.
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. Failure to include the certification or failure to make a good faith effort to confer may result in sanctions as allowed by Rule 26(c) and 37.
Page 26 | RULE 23: MOTIONS FOR PROTECTIVE ORDERS OR ORDER COMPELLING DISCOVERY – GOOD FAITH
A motion in limine will not be granted unless the party has requested that opposing counsel not offer the evidence and 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.
Page 42 | Multiple motions
Answer and reply briefs must comply with 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
A motion hearing will not take place unless it is scheduled under Rule 4 of the Local Rules.
There will be no hearings on motions unless scheduled in accordance with Rule 4 of the Local Rules.
Page 44 | Exhibit I — Scheduling Order
A master-supervised settlement conference must be held before a case proceeds to trial.
No case will proceed to trial unless a master-supervised settlement conference has been held.
Page 45 | Scheduling Order
A master-supervised settlement conference in accordance with the scheduling order must be held before the case is set for trial.
The case will not be set for trial unless a master-supervised settlement conference is held in accordance with the scheduling order.
Page 46 | Order Setting Settlement Conference
Arguments or motions on issues not fully briefed or noticed for hearing, and certain allegations first raised at trial or a hearing, may be treated as disruptive and cause sanctions.
Argument or motions on issues not fully briefed or noticed for heating as well as allegations of improper or unethical conduct by an attorney or party which are being raised for the first time during a trial or court hearing are generally considered efforts calculated to disrupt or distract from the issues before the Court and will be cause for sanctions.
Page 65 | I. General Courtroom Conduct
A master-supervised settlement conference may be held at any time by stipulation or court order and, unless otherwise agreed, must occur after submission of the pretrial order.
A master-supervised settlement conference may be held at any time upon stipulation of the parties or order of the Court. Unless otherwise agreed, the conference shall be held after submission of the pretrial order.
Page 13 | RULE 9: SETTLEMENT CONFERENCES
A lawyer may request a hearing or schedule a discovery appearance without first consulting opposing counsel when waiting for a scheduling agreement could harm the client's case.
Where time associated with scheduling agreements could cause damage or harm to a client's case, then a lawyer is justified in asking for a healing or scheduling a discovery appearance without first consulting with opposing counsel.
Page 66 | V. Scheduling
Assert a scheduling conflict only when the requested time is unavailable, not to obtain an unfair advantage.
Assert a scheduling conflict only if the requested time is not available, not to obtain any unfair advantage.
Page 66 | V. Scheduling
Agreement is not required if opposing counsel delays responding to a proposed time, raises an unreasonable number of conflicts, or repeatedly fails to comply with the scheduling standard.
If opposing counsel fails to promptly accept or reject a time offered for hearing or discovery appearance, raises an unreasonable number of conflicts, or consistently fails to comply with this standard, agreement is not required.
Page 66 | V. Scheduling
When practical, consult opposing counsel before asking for a hearing and scheduling a discovery appearance in an effort to avoid scheduling conflicts.
When practical, consult opposing counsel before asking for a hearing and scheduling a discovery appearance in an effort to avoid scheduling conflicts.
Page 66 | V. Scheduling
The Omnibus Memorandum sets the briefing schedule for your initial brief and the prosecutor’s response, with an optional further response from you.
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
All motions must be briefed according to the schedule 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 | Exhibit I — Scheduling Order
Adjournment & Extension Requirements
To extend the pretrial order deadline, a motion and an order of the judge are required.
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. 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
A motion to continue a date 90 days beyond the 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 parties choose to continue a case over term, they must file a motion to continue and a waiver of speedy trial by the tenth day.
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, C. Plea Negotiations
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 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Changes to the Scheduling Order require a court order and a showing of good cause.
There shall be no changes in this Scheduling Order absent court order upon showing of good cause.
Page 43 | Scheduling Order
A motion for continuance must be written, supported by affidavit, and signed by the parties.
All motions for continuance shall be submitted in writing, supported by affidavit, and shall bear the signatures of the parties.
Page 43 | Scheduling Order
Chambers Communication Rules
The Mineral County Attorney’s office must email a copy of an 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
To schedule a law and motion matter, submit a written request to the scheduling clerk identifying the issue, estimating each party’s time, and stating each party’s witness count.
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. 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.
Page 10 | RULE 5: LAW AND MOTION, C
If a contested matter set for hearing is resolved, the scheduling clerk must be advised immediately so the allotted hearing time can be reused; failure may result in sanctions.
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. Failure to abide by this provision may result in imposition of sanctions by the Court.
Page 11 | Rule 5 - Law and Motion
When a case settles at the conference, the settlement master must immediately contact the Judge’s Judicial Aide so hearings or pending motions can be halted.
Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Aide to advise that the case has settled so that any action on court hearings or pending motions can be halted.
Page 14 | RULE 9: SETTLEMENT CONFERENCES
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 - Trial and Trial Settings
When an out-of-county judge will preside, counsel must arrange with the local clerk for necessary personnel or facilities and file notice.
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.
Page 24 | RULE 18: OUTSIDE JUDGE
An attorney must promptly notify the Chief Judge upon notice of a listed disciplinary or compliance matter in any jurisdiction.
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 — E. Duty to Notify
To arrange a prison video appearance, contact the Court Coordinator and set a date on the Video Conference Calendar.
Contact the Court Coordinator (see below) and set up a date on the Video Conference Calendar.
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
For an offender at Crossroads Correctional Center, call 406-434-7405 to arrange the video-conference date.
c. Offenders located at Crossroads Correctional Center – 406-434-7405
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
a. E-mail CORMSPCourt@mt.gov and CORDOCRecords@mt.gov with a copy of the Order that has been filed with them.
a. E-mail CORMSPCourt@mt.gov and CORDOCRecords@mt.gov with a copy of the Order that has been filed with them.
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
For an offender at Montana State Prison, use CORMSPCourt@mt.gov to arrange the video-conference date.
a. Offenders located at Montana State Prison* - CORMSPCourt@mt.gov
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
b. E-mail CORMSPCourt@mt.gov with the zoom link to connect to the hearing.
b. E-mail CORMSPCourt@mt.gov with the zoom link to connect to the hearing.
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
For an offender at Dawson County Correctional Facility, call 406-377-1640 to arrange the video-conference date.
b. Offenders located at Dawson County Correctional Facility – 406-377-1640
Page 30 | ZOOM HEARINGS WITH MONTANA STATE PRISON
The moving party must advise the court that the motions are submitted on briefs or request a hearing.
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
Check with the Mineral County Clerk of Court for the times and dates of Mineral County Law and Motion days.
Times vary so check with the Mineral County Clerk of Court for times and dates.
Page 5 | Rule 2 - Division of Business
Direct issues requiring attention before disposition to the presiding Judge.
Any issues that need attention prior to disposition shall be directed to the presiding Judge.
Page 5 | Rule 2 - Division of Business
Attorneys or parties who wish to receive Court Orders or Minute Entries by email must provide the Clerk’s office with the email address or addresses for delivery.
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.
Page 6 | Rule 3 - Filing of Pleadings, Deposition, Briefs, Etc., E. Court Orders and Minutes Provided Electronically
If a matter has been under advisement for more than 30 days, each affected party must send the judge a letter copied to all counsel that describes the matter and states when it was taken under advisement.
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, F
After the order is filed, counsel must email it to MSP, which will send an email confirmation.
Once the order is filed counsel shall email it to MSP and MSP will then send out an email confirmation.
Page 31 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Counsel must arrange the Zoom appearance with the MSP contact person.
Counsel shall make all arrangements with the MSP contact person to set up a ZOOM appearance.
Page 31 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Counsel must email the MSP 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 | Rule 30 - Judicial Zoom or Video Appearances, Guidelines
Further pretrial conferences occur only if counsel requests them, and requesting counsel must schedule the conference 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 | Scheduling Order
The Clerk of Court may distribute copies of 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., E. Court Orders and Minutes Provided Electronically
The parties may select a Settlement Master from the coordinator's list by calling Randy Cox's secretary, or make other arrangements.
The parties may utilize a Settlement Master from the list maintained by the Settlement Conference Coordinator (call Randy Cox's secretary at (406) 543-6646) or make other arrangements as they choose.
Page 46 | Order Setting Settlement Conference