Musselshell County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An extension of a discovery deadline requires a Court order on written request stating the discovery completed to date, reasons for missed deadlines, and opposing counsel's position.
- An ex parte request to continue a matter set by Court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
- A trial-continuance request must be made by written motion stating specific reasons and whether other parties oppose it; whether to grant a continuance is within the judge's discretion.
- +1 more
Request must include
Communication
Phone
Fax
Document Format Requirements3 rules
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
Counsel must make a reasonable effort to pre-label trial exhibits; plaintiffs use numbers, defendants use letters, and multiple defendants should use distinct initials.
Court's wording
Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial. In marking trial exhibits, plaintiff shall use numbers, and defendants shall use letters. Multiple defendants should use a different initial before numbering of each exhibit. (Eg., Defendant Robin would use R-1, R-2, etc.)
Parties must be prepared to offer an unbound copy of approved jury instructions without citations of authority, identifying the offering party and using consecutive numbering.
Court's wording
To provide impartial copies for submission to the jury, parties must be prepared to offer an unbound copy of approved jury instructions absent of citation of authority, offered party and consecutive numbering required under Rules 7(b)&(c), Uniform District Court Rules.
Document Filing Requirements29 rules
Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court.
All motions filed shall be briefed and deemed submitted pursuant to Rule 2, Uniform District Court Rules.
The Certificate of Service must show that a telefax or electronic transmission was sent to the Clerk of Court and the date of such transmission.
Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.
For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject.
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.
No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
Should this phone conference result in an agreed scheduling order, the parties shall complete and present a written scheduling order in approved format for Court approval.
The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
- Document
- Discovery deadline extension request
Must include
- •Proposed order
A child-support modification petition must state whether the requester knows the child is receiving or applying for public assistance; if so, the petitioner must immediately notify the specified state offices in writing and file proof of notice with the clerk.
Court's wording
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division and the State Attorney General’s Office, in writing of the pending action and file proof of such notice with the Clerk of Court.
A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
When the child-support guidelines apply, the worksheet and financial affidavits must be completed and, depending on whether the case is contested, filed or offered into evidence.
Court's wording
As long as application of uniform child support guidelines is required under § 40-4-204, Montana Code Annotated, a guidelines worksheet and financial affidavit(s), in accepted form, must be completed. In non-contested cases, these documents must be filed as required by § 46.30.1515 Administrative Rules of Montana. In contested cases, these documents must be offered into evidence as exhibits.
Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.
The court may keep a trial setting in place until the plea agreement is fully executed and filed; a change-of-plea hearing will not be set until the agreement is executed and filed with the clerk.
Court's wording
At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after the plea agreement has been fully executed and filed with this Court. A change of plea hearing will not be set until parties plea agreement has been fully executed and filed with the Clerk of Court. Upon notification of said filing, a Change of Plea Hearing will be set.
The petition must inform the requesting agency that within 20 days after service it must deliver the requested information for in-camera inspection or file a response.
Court's wording
The petition shall inform the requesting agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Plea agreements under § 46- 12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Bail request
Must include
- •Proposed order
Counsel must prepare and submit an Omnibus Hearing Memorandum for approval; a completed, signed form and stipulation by all counsel permit the court to remove the hearing date without a hearing.
Court's wording
An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval. Upon submission of a completed and signed Omnibus Hearing Memorandum form, and if all counsel stipulate to submission of said form without the need for a hearing, this Court will automatically remove said hearing date from it’s calendar.
The public-defender application must inform indigent applicants that reimbursement may be required and contain their agreement to report substantial changes in financial condition.
Court's wording
This application shall inform those claiming indigence that reimbursement for all or portions of costs incurred by the State Montana in providing appointed counsel may be required and shall contain the applicant’s agreement to diligently inform the Of- fice of the Public Defender of any substantial change in the reported financial conditions.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
A bond is required in conservatorship actions unless good cause is shown; the stated certificate-of-deposit alternative is subject to specified conditions.
Court's wording
A bond must be posted in all conservatorship actions unless good cause is shown for not requiring the same. Good cause for not requiring a bond exists if the total estate of the conservatorship is invested in a certificate of deposit in a local bank and fully insured by FDIC. In such event, the certificate of deposit must be in the name of the Clerk of Court as trustee for the minor or incapacitated person, interest must automatically accrue and be reinvested, the certificate cannot be cashed without prior court order, the bank must expressly consent to these limitations, and the certificate of deposit must be delivered to the Clerk of Court for safekeeping, to be delivered upon the conservatorship estate being terminated.
All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.
Where applicable, the title of the proposed order shall make reference to the underlying motion.
The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof of ending balance.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.
Counsel who intend to proffer an Alford Plea under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
Filing & Service rules
Electronic Filing Rules
A telefaxed or electronically submitted document will not be accepted unless it is legible, has all necessary signatures, and does not cause telephone or telefax charges to be reversed to the Court.
The telefaxed or electronically submitted document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
Page 1 | Rule 15 - Telefax and Electronic Filing
A party telefaxing or electronically submitting a document that contains more than the attorney's signature must mail the original to the Clerk of Court by first-class mail on the transmission date.
All other parties telefaxing or electronically submitting a document shall, on the date of the transmission, mail the original of the document to the Clerk of Court by first class mail.
Page 1 | Rule 15 - Telefax and Electronic Filing
A document eligible for filing by mail may instead be submitted by telefax or electronic transmission under the stated procedure.
Any document which may be filed by mail may be submitted by telefax or electronic transmission using the following procedure.
Page 1 | Rule 15 - Telefax and Electronic Filing
After receiving the original and confirming it exactly matches the transmitted document, the Clerk must file it and attach it to the transmission.
Upon receipt and confirmation that the original is exactly the same as the telefaxed or electronic transmission, the Clerk shall file and attach the original to the transmitted document.
Page 1 | Rule 15 - Telefax and Electronic Filing
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Page 1 | Rule 15 - Telefax and Electronic Filing
Filing Timing and Cure Windows
A telefaxed or electronically transmitted document is filed when the Clerk of Court receives it.
The date and time of the Clerk of Court’s receipt of the telefax and rescheduling. or electronically transmitted document shall be the date and time of filing.
Page 1 | Rule 15 - Telefax and Electronic Filing
If the Clerk does not timely receive the signed original, the Court may strike the telefaxed or electronically submitted document, which then has no force or effect.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed or electronically submitted document and thereupon, it shall have no force or effect whatsoever.
Page 1 | Rule 15 - Telefax and Electronic Filing
Settlement documents must be prepared and filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 3 | Settlement Documents
Unless effectively waived by the defendant, the PSI must be completed and filed no later than 10 days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 4 | RULE 25 - CRIMINAL ACTIONS
Parties must provide requested status reports in writing within 20 days of the request.
Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within twenty (20) days in writing.
Page 5 | Rule 34 - Dismissal of Actions for Laches
Service and Proof of Service Rules
If the original is not served on the day it is transmitted, the document must be served as provided by Rule 5, M.R.Civ.P.
Should the original of the telefaxed or electronically filed document not be served on the same day as transmittal, service of the document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | Rule 15 - Telefax and Electronic Filing
Unless there is an emergency, prosecutors must deliver charging documents to the accused or counsel at least 24 hours before arraignment.
In the absence of an emergency, and to assist in the speedy administration of justice in the District Courts, prosecutors shall deliver a copy of any charging documents to the accused and/or his counsel at least 24 hours prior to the time set for arraignment in order that the accused may review them and make an informed plea at arraignment.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The petitioning party must serve a copy of the petition on each agency maintaining the requested confidential criminal justice information.
A copy of any petition for the release of confidential criminal justice information under §§ 44-5-111 and 44-5-303, MCA, shall be served by petitioning party upon each agency maintaining such information.
Page 4 | RULE 26 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Filing Fees and Waivers
Filing by telefax or electronic means does not change or delay payment of fees as required by the Clerk of Court.
Filing documents by telefax or by electronic means shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | Rule 15 - Telefax and Electronic Filing
Dissemination is conditioned on advance payment of copying costs to the requested agency.
Dissemination shall be subject to copying costs paid in advance to the requested agency.
Page 4 | RULE 26 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Sealing & Redaction Procedures
The court may deny a request to seal sensitive settlement information if disclosure is in the public interest.
The court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 3 | Sealing Confidential Information
Adjournment & Extension Requirements
An ex parte request to continue a matter set by Court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, Uniform District Court Rules.
Page 1 | Rule 17 - Law and Motion
A trial-continuance request must be made by written motion stating specific reasons and whether other parties oppose it; whether to grant a continuance is within the judge's discretion.
Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance. Continuances are addressed to the discretion of the judge.
Page 2 | Rule 18 - Scheduling and Pre-Trial
An extension of a discovery deadline requires a Court order on written request stating the discovery completed to date, reasons for missed deadlines, and opposing counsel's position.
Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request.
Page 2 | Rule 18 - Scheduling and Pre-Trial
If a jury trial is continued within 96 hours of its trial date, the Court may require the moving party to reimburse the Clerk for the Clerk's expenditures.
If any action set for a jury trial is continued within 96 hours of the trial date, the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.
Page 2 | Rule 18 - Scheduling and Pre-Trial
Chambers Communication Rules
Counsel or parties must notify the Court Administrator by noon on the business day before a matter is to be placed on the law-and-motion calendar.
Counsel or parties shall notify the Court Administrator by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | Rule 17 - Law and Motion
Unless the Judge schedules otherwise, contested matters involving factual questions or requiring more than 30 minutes must be scheduled through the Court Administrator.
Unless scheduled by the Judge, contested matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court Administrator at (406) 323-1701.
Page 1 | Rule 17 - Law and Motion
Anyone seeking a conference with the judge, or making inquiries about scheduling, appointed-counsel assignments, or transcripts, must first contact the Court Administrator to avoid conflicts.
All persons seeking a conference with the judge MUST, in order to avoid conflict, first check in with the Court Administrator Derinda Hazelton. All inquiries concerning the scheduling of matters, court appointed counsel assignments, and requests for transcripts MUST, in order to avoid conflicts, be referred to Derinda Hazelton, 506 Main Street, Roundup, Montana 59072; Telephone: 406-323-1701, Fax: 406-323-1710.
Page 1 | Rule 16 - Communications with the Court
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrator at (406) 323-1701 to discuss a proposed scheduling order.
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrator at (406) 323-1701 to discuss a proposed scheduling order.
Page 2 | Rule 18 - Scheduling and Pre-Trial
A moving party may present an emergency matter to the Court at any time upon an adequate showing.
Emergency matters may be presented to the court at any time upon adequate showing by moving party.
Page 1 | Rule 17 - Law and Motion
If a party believes a potentially violent situation may arise, the party, through counsel or pro se, should notify the assigned judge and Court Administrator sufficiently in advance to allow security measures to be taken.
In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, should notify the assigned judge and court administrator sufficiently in advance so that appropriate security measures can be taken.
Page 2 | Rule 19 - Security
After any allowed briefing or additional-filing period, parties may—and are encouraged to—send the Court a reminder letter with only a brief description of the pending matter and the date it was made or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Page 1 | Rule 16 - Communications with the Court