Missoula County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Proof of attendance

Proof of each party’s attendance must be filed in the case record before the final hearing can proceed.

The case cannot proceed to final hearing until proof of attendance from each party has been filed in the case record.

CRITICAL

Applies to

Motion

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

The Omnibus Hearing Memorandum form must state whether you intend to file pre-trial motions.

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

CRITICAL

Applies to

Attorney fee request

A request for attorney fees in a civil case must be supported by competent evidence allowing the Court to determine a reasonable fee.

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

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

Attorney withdrawal

Except as provided in subsection D, an attorney may withdraw from a civil or criminal case only with client consent and/or court leave after notice is 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.

CRITICAL

Applies to

Cover letter

A cover letter submitted with the Pretrial Order must tell the court about special trial-scheduling requests, agreed dates to avoid, 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.

CRITICAL

Applies to

Appeal

An appellant must order the trial transcript and have the entire District Court Record 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

Proposed scheduling order

The Plaintiff’s attorney must consult with opposing counsel and any unrepresented party before filing 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

Adoption matter

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.

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.

CRITICAL

Applies to

Order to appear

An Order to Appear via Vision Net/Zoom must be filed with the Clerk of Court and should state who, what, where, when, and how the offender will attend.

Create and File an Order to Appear via Vision Net/Zoom with the Clerk of Court. The Order should include the who, what, where, when and most importantly, the how the offender will attend the hearing.

CRITICAL

Applies to

Proposed findings conclusions

An original and one Judge's-use copy of the proposed findings and conclusions must be submitted to the Clerk 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.

CRITICAL

Applies to

Motion in limine

A motion in limine must assert that the party requested 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 form

The Omnibus form must state 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

Email filing document

Email documents must be properly signed and dated.

All E-Mail Documents must be properly signed and dated.

CRITICAL

Applies to

Written instrument

When judgment is entered on a written instrument, the instrument must be presented to the clerk when 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. The clerk shall sign the entry, attach the official seal, and file the instrument.

CRITICAL

Applies to

Bail transfer 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

Scheduling order

The scheduling order form must provide fields for attorneys of record to fill in dates and other information on the listed case-management matters.

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

Final decree or order

Before a matter may be set for hearing, prepare a 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

Bail transfer 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

Motion

If MSP accepts the Zoom date and time, counsel must file a motion stating that counsel contacted MSP, that MSP accepts the date and time, and providing 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

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

Dissolution or annulment action

Parties to a dissolution or annulment must submit a current State Case Registry and Vital Statistics Reporting 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

Proposed findings and conclusions

Proposed findings and conclusions 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

Abstract

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

Conference certification

Within ten days after the lawyers resolution conference, the plaintiff/petitioner or counsel must submit a certification that the conference occurred 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

Motion

A motion must be written and accompanied by 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

Personal representative filing

The Personal Representative must file the statutory certificate or a declaration that no federal estate tax return was required, either 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

Pleadings

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.

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

Notice to chief judge

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

If an attorney is (a) disciplined, (b) suspended from practice; (c) failed to pay bars dues; or (d) failed to complete CLE credits, upon notice of the aforementioned in any jurisdiction, the attorney must promptly notify the Chief Judge of the matter and provide copies of the document(s) imposing any sanctions.

CRITICAL

Applies to

Pretrial order

The Pretrial Order must be prepared and submitted under Rule 5; each party must serve its proposed order on the other, and the final order must be submitted to the Court.

The Pretrial Order shall be prepared and submitted pursuant to Rule 5 of the Uniform District Court Rules. ________________: Plaintiff's Proposed Pretrial Order shall be served on Defendant. ________________: Defendant's Proposed Pretrial Order shall be served on Plaintiff. ________________: The final Pretrial Order is to be submitted to the Court.

CRITICAL

Applies to

Bail transfer request

The County Attorney must submit a written request to Justice Court asking that bail be transferred to 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

Omnibus hearing memorandum

The Omnibus Memorandum must identify any affirmative defenses and the witnesses who will support them.

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

Pleading or filed document

Must include

ai disclosure

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.

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.

CRITICAL

Applies to

Motion

Each motion must include a prefatory certification stating that the other parties were contacted and 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

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.

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

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

Objections

Objections to the Standing Master’s Report must be written, identify the alleged error, and state its particularized basis with supporting 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

Settlement master report

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

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

Case transfer order

The order transferring the case to District Court 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

Nonresident attorney appearance

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.

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.

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 when 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

Will

The original Will must be filed with the clerk.

The original must be filed with the clerk.

CRITICAL

Applies to

Motion

A motion seeking an order requiring participation in a deposition proceeding in a foreign jurisdiction must certify that the parties and deponents were contacted, state whether they object, and state 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

Written instrument

The instrument shall not be removed except by the order of the Court in writing setting forth the facts of such removal.

The instrument shall not be removed except by the order of the Court in writing setting forth the facts of such removal.

CRITICAL

Applies to

Motion

Must include

proposed order

Every order, contested or uncontested, must accompany the motion as a separate Word-formatted document.

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

CRITICAL

Applies to

Settlement master report

Counsel must tell the Settlement Master the anticipated trial length and unavailable dates for parties or key witnesses, and the report 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

Petition for probate of will

A petition for probate of 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

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.