Missoula County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Certificate of completion

A party completing the web-based alternative parenting program must file its certificate of completion with the Court.

A party must file a certificate of completion from the program with the Court.

CRITICAL

Applies to

Notice

Counsel must file notice with the local clerk in charge of outside judges when arranging necessary personnel or facilities for the proceeding.

When an out-of-county Judge will be presiding in any trial, or any hearing or motion therein, civil or criminal, it shall be the duty of counsel to make arrangements (file notice) with the local clerk in charge of outside Judges for any personnel or facilities necessary for the orderly disposition of the proceeding.

CRITICAL

Applies to

Proposed jury instructions

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.

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.

CRITICAL

Applies to

Non initiating document

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

A document, other than the document that initiates a case, may not be filed with the Clerk of Court unless it contains an identification of the department that has jurisdiction of the case. The department number shall be placed directly above the cause number.

CRITICAL

Applies to

Oral argument request

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.

When counsel desire oral argument on a motion, other than a motion in which oral arguments shall be deemed mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position.

CRITICAL

Applies to

Notice of termination

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

When a final disposition has been made of any case and the time for appeal has expired, all counsel of record shall be automatically relieved of their duties as counsel of record provided they first file a notice of termination with the Clerk of Court and serve the same on opposing counsel and their client.

CRITICAL

Applies to

Notice of completion

To receive credit, a filer must submit a Notice of Completion stating that they watched the entire program and including a report of at least five important points.

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

CRITICAL

Applies to

Plea of guilty and waiver of rights form

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

A Plea of Guilty and Waiver of Rights form shall be presented to the Court by defense counsel at the time of a guilty plea.

CRITICAL

Applies to

Proposed order decree or judgment

A proposed order, decree, or judgment must be presented to the clerk under Rule 3(D) before the matter is heard.

A proposed order, decree, or judgment shall be presented to the Clerk in accordance with Rule 3(D) before the time the matter is to be heard.

CRITICAL

Applies to

Motion for permission

A party seeking to file more than one duplicative motion must obtain permission before the court rules, and the permission motion must set forth the grounds for the request.

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).

CRITICAL

Applies to

Motion

Must include

proposed order

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

Counsel shall also submit a proposed order.

CRITICAL

Applies to

Affidavit of inability to pay filing fees and other costs and order

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

In order for a party to qualify for these services, an Affidavit of Inability to Pay Filing Fees and Other Costs and Order must be filed in the cause of action.

CRITICAL

Applies to

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

Applies to

Motion for issuance of subpoena duces tecum

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.

Before the court will issue such a subpoena in a criminal case, the requesting party must move for issuance of the subpoena and include the following information: 1. the nature of the documents requested; 2. the relevancy of the documents; 3. the documents are necessary for trial preparation; 4. that the documents are not otherwise procurable reasonably in advance of trial through discovery processes of Mont. Code Ann. § 46-15-322; 5. that application is made in good faith and not for harassment or delay; and 6. that if the applicant seeks the information ex parte, the reason why such process is necessary, such as implication of a defendant's trial strategy, protection of a privacy interest, or that disclosure would compromise the integrity of evidence.

CRITICAL

Applies to

Request for hearing

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

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

CRITICAL

Applies to

Defense discovery disclosure

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

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

CRITICAL

Applies to

Child support change agreement

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

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

CRITICAL

Applies to

Agreement or consent

An agreement or consent is acceptable only if made in open court and recorded or entered in the minutes, or if it is in writing and signed by the party against whom it is urged or that party’s attorney.

No agreement or consent between the parties, or their attorneys, shall be accepted by the Court unless made in open Court, recorded or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney.

CRITICAL

Applies to

Cover letter

When submitting the pretrial order, counsel must use a cover letter to state special trial-setting requests, legitimate unavailability dates for parties or key witnesses, and the estimated trial length.

When submitting the pretrial order, counsel shall state in a cover letter any special requests regarding the trial setting, including dates that the parties or key witnesses are legitimately unavailable for trial, and the estimated length of trial.

CRITICAL

Applies to

Notice

The parties must file a Notice stating the CSSD case number within five business days after CSSD assigns it.

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

CRITICAL

Applies to

Affidavit

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

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

CRITICAL

Applies to

Child support change

A child-support change is enforceable only if ordered by the court or CSED.

To be enforceable, child support can be changed only by order of the court or the Montana Child Support Enforcement Division (CSED).

WARNING

Applies to

Omnibus hearing memorandum

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

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

WARNING

Applies to

Gal recommendation

The GAL must issue recommendations to the Court but may not issue orders, which may be issued only by a Judge or Standing Master.

The GAL shall issue Recommendations to the Court. The GAL may not issue Orders. Orders shall issue exclusively from a Judge or Standing Master.

WARNING

Applies to

Notice of issue

A Notice of Issue, if filed, must indicate that the matter is ready for 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.

WARNING

Applies to

Zoom connection

Individuals intending to view or participate in a hearing through Zoom must provide their name on the Zoom connection.

Any individual who intends to view or participate in a hearing through a Zoom appearance is required to provide their name on the Zoom connection.

WARNING

Applies to

Gal reports and updates

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

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

WARNING

Applies to

Gal billing statement

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

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

WARNING

Applies to

Copies for mailing

A party who requires copies of a pleading, order, or similar document to be mailed to anyone must furnish those copies to the Clerk of Court.

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

WARNING

Applies to

Proposed findings conclusions

A Word-formatted document containing the findings and conclusions should also be supplied to the Court.

A Word-formatted document containing the Findings/Conclusions also should be supplied to the Court.

WARNING

Applies to

Residential change notice

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

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

WARNING

Applies to

Conformed copies

Furnish copies of documents to be conformed to the Clerk of Court.

Copies of documents to be conformed must also be furnished to the Clerk of Court.

WARNING

Applies to

Scheduling order

The parties are advised to submit an agreed-upon scheduling order; otherwise, the Court will issue one sua sponte substantially in the form of Exhibit I.

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

WARNING

Applies to

Motion

An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).

An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion).

WARNING

Applies to

Minute entry

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

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

WARNING

Applies to

Pleading

Pleadings must list the filer’s name, address, phone, fax, and email at the top, but the Clerk may not reject a pleading solely for lacking an email address.

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.

WARNING

Applies to

Cover letter

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

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

WARNING

Applies to

Settlement statement

A settlement statement must address the case, issues, legal points, each party's strengths and weaknesses, and settlement-negotiation history; relevant additional material may be included if necessary or appropriate.

The statement shall set forth the nature of the case, the issues, the points of law, the strengths and weaknesses of each party's case and a history of settlement negotiation. Relevant additional material may be included if necessary or deemed appropriate.

WARNING

Applies to

Pretrial order

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

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

INFO

Applies to

Proposed jury instructions

The Court may receive additional proposed instructions about questions arising during trial until settlement of the jury instructions is complete.

The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.