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

CRITICAL

Applies to

Notice of termination

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.

CRITICAL

Applies to

Proposed pretrial order

The Plaintiff must serve the Plaintiff's Proposed Pretrial Order on the Defendant.

________________: Plaintiff's Proposed Pretrial Order shall be served on Defendant.

CRITICAL

Applies to

Notice of filing

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

Names of expert witnesses must be provided to opposing counsel two months from the date of the order.

Two months from the Names of expert witnesses must be provided to date of this order opposing counsel.

CRITICAL

Applies to

Proposed findings

Proposed findings must be served on all parties.

Any proposed findings shall be served upon all parties.

CRITICAL

Applies to

Decision and dispositive order

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

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

CRITICAL

Applies to

Objections

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).

CRITICAL

Applies to

Proposed pretrial order

The Defendant must serve the Defendant's Proposed Pretrial Order on the Plaintiff.

________________: Defendant's Proposed Pretrial Order shall be served on Plaintiff.

CRITICAL

Applies to

Proposed jury instructions

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

Applies to

Jury instructions

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.

CRITICAL

Applies to

Affidavit

The attorney-fee affidavit must be served on opposing counsel.

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

CRITICAL

Applies to

Trial brief

Trial briefs must be served on opposing counsel at least five days before trial begins.

Trial briefs must be served upon opposing counsel no less than five days before commencement of trial.

CRITICAL

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.

CRITICAL

Applies to

Expert witness names

Names of expert witnesses must be provided to opposing counsel two months from the date of the order.

Two months from the Names of expert witnesses must be provided to date of this order opposing counsel.

CRITICAL

Applies to

Findings conclusions and dispositive order

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.