Musselshell County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Bankruptcy notice

When a bankruptcy discharge or confirmation of a superseding reorganization plan occurs, notice must be filed; after filing, a party may request dismissal of the claim.

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.

CRITICAL

Applies to

Trial postponement motion

A motion to postpone trial because a witness or evidence is absent must include an affidavit under § 25-4-501, MCA, showing that the witness or evidence cannot otherwise be obtained and will be available if postponement is granted.

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.

CRITICAL

Applies to

Law and motion calendar placement

A matter cannot 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.

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.

CRITICAL

Applies to

Plea agreement

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.

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.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Plaintiffs must present a proposed order setting a scheduling conference by the earlier of 20 days after all responsive pleadings are filed or 90 days after the complaint is filed.

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.

CRITICAL

Applies to

Scheduling order

If the telephone conference results in an agreed scheduling order, the parties must complete and present a written order in the approved format for Court approval.

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.

CRITICAL

Applies to

Child support modification petition

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.

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.

CRITICAL

Applies to

Confidential criminal justice information petition

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.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must furnish written proposed findings addressing the clear-and-convincing-evidence basis for the variance.

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.

CRITICAL

Applies to

Plea agreement

A plea agreement under § 46-12-211 must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46- 12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.

CRITICAL

Applies to

Bail request

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations for the initial appearance.

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.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party seeking an order must present a separate proposed order for the Court's signature before the hearing or other action on the request.

Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court.

CRITICAL

Applies to

Conservatorship action

A bond is required in conservatorship actions unless good cause is shown; the stated certificate-of-deposit alternative is subject to specified conditions.

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.

CRITICAL

Applies to

Motion

All filed motions must be briefed and are deemed submitted under Rule 2 of the Uniform District Court Rules.

All motions filed shall be briefed and deemed submitted pursuant to Rule 2, Uniform District Court Rules.

CRITICAL

Applies to

Order

Orders must prohibit conservators from borrowing estate funds without prior court approval.

All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that the document was sent to the Clerk of Court by telefax or electronic transmission and give the transmission date.

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.

CRITICAL

Applies to

Discovery deadline extension request

Must include

proposed order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” with proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

CRITICAL

Applies to

Order to show cause temporary restraining order or like order

Two copies of an order to show cause, temporary restraining order, or similar order must be presented; if acceptable, one is retained by the Court and the duplicate original is returned for service.

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.

CRITICAL

Applies to

Settlement statement

Each party must submit a confidential settlement statement summarizing its case and its strengths and weaknesses.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

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.

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.

CRITICAL

Applies to

Child support guidelines worksheet and financial affidavits

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.

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.

CRITICAL

Applies to

Public defender application

The public-defender application must inform indigent applicants that reimbursement may be required and contain their agreement to report substantial changes in financial condition.

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.

CRITICAL

Applies to

Bankruptcy notice

A party filing for bankruptcy protection must immediately notify the court in writing and provide a copy of the bankruptcy cover sheet.

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.

CRITICAL

Applies to

Motion or brief

Motions and briefs must identify the submitting party and briefly describe the subject in the document title.

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.

WARNING

Applies to

Proposed order

When applicable, a proposed order's title must refer to the underlying motion.

Where applicable, the title of the proposed order shall make reference to the underlying motion.

WARNING

Applies to

Annual accounting

An accounting may be made informally by letter, accompanied by the listed account locations and balance and income-and-expense information.

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.

WARNING

Applies to

Order

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

INFO

Applies to

Annual accounting

No annual accounting is required when the certificate-of-deposit arrangement described in the preceding rule applies.

In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

CRITICAL

Applies to

Alford plea

Counsel intending to proffer an Alford plea must present a factual basis showing good reason for the court to accept it.

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.