Park County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Jury Instructions
- 1 copy
Adjournments
- The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party's written motion, with prior notice to all parties.
- A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit addressing materiality, diligent efforts to secure it, and reasonable grounds for later production; if the adverse party stipulates to treating admissible evidence as given, postponement is allowed only if the Court finds proceeding without it would work an injustice.
Request must include
Communication
Clerk
Fax
Clerk
Page & Word Limits1 rule
No brief shall exceed 20 pages in length, exclusive of indices and appendices, without prior leave of the Court.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements14 rules
Email documents must be in PDF format and submitted as an attachment to email.
- File type
- Email document
Formatting
- •Submit as an e-mail attachment
Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.
- File type
- Word
- Proposed order
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
- File type
- Word
- Proposed order
All procedural motions shall be accompanied by a proposed Order in Word format.
- File type
- Word
- Proposed order
All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.
- File type
- Word
- Proposed order
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
- File type
- Word
- Proposed order
All proposed Orders, Judgments and Decrees in cases not e-filed shall be filed and e-mailed as attachments in Word format to the Court Administrator.
Any order in an e-filed case shall be presented to the Court for signature by e-filing in Word format.
during a non-jury trial, will present the court with a notebook with all exhibits individually tabbed.
No agreement or stipulation between the parties or their attorneys with respect to the proceedings in any cause will be considered for any purpose by the Court unless it is submitted in writing, subscribed by the party against whom it is sought to be enforced, or by his attorney.
The Court requests Word format for jury instructions and verdict forms submitted as email attachments when they are not e-filed.
Court's wording
If proposed jury instructions and verdict forms are not e-filed, the Court requests that each party submit proposed jury instructions and verdict forms to the Court Administrator via e-mail attachment in Word format.
Counsel are encouraged to pre-label their proposed exhibits
The Court requests that the parties submit proposed Findings of Fact and Conclusions of Law in Word format by e-filing where applicable, or via e-mail attachment in Word format to the Court Administrator.
Offers of proof may be in writing or may be entered in the Court Reporter's record outside the presence and hearing of the jury, as may be decided by the Court.
Document Filing Requirements61 rules
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.
All pleadings, motions, and briefs shall be filed with the Clerk of Court.
Any ex parte motion must be accompanied by a proposed order setting a time and date for further hearing.
- Document
- Ex parte motion
Must include
- •Proposed order
Pursuant to Rule 4, UDCR, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court.
Before an ex parte order issues, the moving party must file a written certification of reasonable notice to the opposing party, unless extraordinary circumstances exist.
Court's wording
Absent extraordinary circumstances, prior to the issuance of an ex parte order, the party seeking such order must file a written certification with the court declaring that the opposing party has been contacted and given reasonable notice of: 1) the time and place of the filing of the ex parte motion; 2) the substance of the order sought; and 3) whether the opposing party opposes the motion.
Emergency matters requiring the Court's attention must be e-filed in cases eligible for e-fiing, or may be mailed or delivered to the court with a request for the Court's immediate attention.
A motion for leave to file specified pleadings must include a proposed order; if leave is granted, the movant may then file the pleading or amendment.
- Document
- Motion for leave to file pleading
Must include
- •Proposed order
Court's wording
Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court of Court to file, the movant shall file with the motion a proposed Order. If leave to file is granted, the movant may then file the pleading or amendment.
All documents must be properly signed and dated.
When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.
Counsel shall include an e-mail address for themselves or their firm on all filings.
All procedural motions shall be accompanied by a proposed Order in Word format.
- Document
- Procedural motion
Must include
- •Proposed order
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
All motions to re-set a hearing or trial must include information regarding available dates, to avoid multiple re-settings.
- Document
- Motion to reset hearing or trial
Must include
- •Include information regarding available dates
Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.
- Document
- Motion
Must include
- •Proposed order
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
A request in a driver's-license suspension or revocation petition for return of the license pending hearing must state whether the petitioner has prior alcohol- or drug-related driving convictions and when they occurred.
Court's wording
When a petition to challenge a driver's license suspension or revocation is filed and, as a part of the petition, a request is made by petitioner, pursuant to §61-8-403(3), M.C.A., to return his or her driver's license pending the hearing, the request will indicate whether the petitioner has had any prior alcohol or drug-related driving convictions and when they occurred.
All proposed Orders, Judgments and Decrees in cases not e-filed shall be filed and e-mailed as attachments in Word format to the Court Administrator.
The requesting party must present the order, judgment, or decree for the Court's signature when applying.
Court's wording
The party requesting any Civil order, judgment, or decree must present the same through e-filing or in written form for the signature of the Court at the time of applying for the Order, Judgment, or Decree.
When directed by the Court to prepare an order after hearing, the moving party shall prepare the order, unless another party is designated by the Court.
A Pre-Discovery Disclosure must include the listed factual, legal, witness, document, damages, and insurance information; the provided text ends mid-item.
Court's wording
The disclosure shall contain the following information: (a) the factual basis of every claim or defense advanced by the disclosing party. In the event of multiple claims or defenses, the factual basis for each claim or defense; (b) the legal theory upon which each claim or defense is based including, where necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name, and if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses, and a summary of that information; (d) a copy of, or a description, including the location and custodian, of documents or data compilations, and tangible things and relevant documents reasonable likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting
Dates for addition of parties, identification of expert witnesses, motions, hearings and settlement conferences shall be set forth in the Case Scheduling Order or Order Scheduling Trial issued by the Court.
The order setting trial shall include a witness and exhibit list submission deadline, a jury instruction and objection to jury instruction deadline, (if applicable), a final pre-trial conference date, and a trial date.
The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel.
A party must supplement or correct an incomplete or inaccurate pre-discovery disclosure within a reasonable time after learning of the issue.
Court's wording
A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
A represented party’s mandatory disclosure or supplement must be signed by an attorney of record, while an unrepresented party must sign it; the signature certifies completeness after reasonable inquiry.
Court's wording
Every mandatory disclosure or supplement made by a party represented by counsel shall be signed by at least one attorney of record. A party who is not represented by counsel shall sign the disclosure. The signature of counsel or the party constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after reasonable inquiry, the disclosure is complete as of the time it was made.
In each civil case subject to a Scheduling Order pursuant to Local Rule 7, a master-supervised Settlement Conference or Mediation is required, unless a stipulation executed by all counsel of record and any unrepresented party is filed with and approved by the Court waiving a Settlement Conference or Mediation.
The settlement report must state that the conference occurred and identify settled issues; if the case is not fully settled, it must also provide the specified trial-duration, unavailability, scheduling-request, and settlement-prospect information.
Court's wording
Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any. The report shall be filed with the Clerk of Court or e-filed in applicable cases, with copies to all counsel of record, and any parties not represented by counsel. In the event that the case is not fully settled, the form shall also state the following information obtained from counsel for the parties and any unrepresented party: (!) 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 scheduling; and whether there is still a reasonable prospect for settlement.
The Court's working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and, on an attached page, contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
Proposed verdict forms must be submitted by each party at the same time and in the same manner as the jury instructions.
Approval of audio/visual coverage must be obtained in advance from the presiding Judge. A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.
In all civil cases in which attorney's fees are awarded, the party awarded attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Counsel must provide the appropriate, court-approved Order to the Court to withdraw, which form is available from the Court Administrator. The Order must provide, for an unresolved case, that opposing counsel provide a Rule 10 Notice.
If parties wish to have a stipulation confirmed by the Court, then they must accompany the stipulation by a proposed Order.
- Document
- Stipulation
Must include
- •Proposed order
Proposed findings and conclusions must be in a format suitable for the Court’s signature and submitted with a copy for the Court.
Court's wording
Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court in a format suitable for signature by the Court, together with a copy for the Court.
A civil Trial Position Statement must outline the trial issues, list witnesses with a one- or two-sentence description of each witness’s expected testimony, and list exhibits.
- Document
- Trial position statement
Must include
- •Exhibit list
Court's wording
At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.
In such cases, when the class is complete, the parents must file a certificate of completion with the Court.
If the Court orders a parenting investigation, the resulting report must be returned to the Court, the parties, and their attorneys as soon as reasonably possible.
Court's wording
Upon request of either party or sua sponte, the Court may order that the matter be referred to appropriate professional persons at the cost of one or both parties for investigation, report, and recommendation regarding parenting time of each child and parent. The report shall be returned to the Court, the parties, and their attorneys as soon as reasonably possible thereafter.
A party commencing one of the listed actions must include in the Petition a statement about whether any involved children receive or have applied for public assistance.
Court's wording
The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.
At arraignment, the Court will issue a Discovery Order and Order Setting Informal Omnibus Hearing, and shall direct that an omnibus hearing form be completed and filed.
The Order setting trial shall include deadlines for expert witness disclosure, motions, a date and time for jury trial verification, and jury instructions.
In the specified overlapping proceedings, the petitioner or counsel must promptly notify the lower court and move to suspend its proceedings and certify its pleadings and orders to the District Court Clerk.
Court's wording
When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.
If the bail is satisfied by a cash bond, the Justice or City Judge must deposit a proper check, warrant, or draft for the full amount of the bail with a notation of the party or person who actually posted the cash bond.
The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above.
All bonds presented to the District Court for approval shall recite that they are payable to the District Court.
No real estate bond will be considered by the Court and may not be filed unless it complies with all requirements of §46-9-403, M.C.A.
At the time the papers transferring the case to the District Court are filed with the Clerk of the Court, the bail must also be delivered to the Clerk.
All Pre-Sentence Investigations shall be completed, and the reports based thereon delivered to the Court and to the parties, prior to the Court setting the time and date for sentencing.
The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice or City Judge transfers the cause to the District Court.
The original bond transmittal must be filed with the Clerk of the District Court, and the Justice of the Peace shall receive a copy.
After conviction or a guilty plea, the pre-sentence report preparer must recommend whether the defendant can presently or in the future pay defense-counsel costs.
Court's wording
In the event of a Defendant's conviction or plea of guilty, the officer who prepares the pre-sentence report shall include in his recommendation to the Court, pursuant to §46-8-113, M.C.A., whether the defendant has the present or future ability to pay costs of his or her defense counsel.
In any criminal case where a defendant has appeared voluntarily or there is a stipulation with the County Attorney's office for a defendant to appear, and there is an outstanding bench warrant, defense counsel or the County Attorney's office shall notify the Court, in writing, to quash the warrant.
Filing & Service rules
Electronic Filing Rules
Emergency matters must be e-filed in cases eligible for e-filing; they may instead be mailed or delivered to the court with a request for immediate attention.
Emergency matters requiring the Court's attention must be e-filed in cases eligible for e-fiing, or may be mailed or delivered to the court with a request for the Court's immediate attention.
Page 4 | Rule 2. Law and Motion — Ex Parte Matters
In counties without e-filing, documents must be filed as hard copies in person or by mail.
The filing method for documents in counties not currently e-filing is via hard copy filed in person or sent by mail.
Page 5 | Filings
A party requesting a civil order, judgment, or decree must submit it for the Court's signature by e-filing or in written form when applying.
The party requesting any Civil order, judgment, or decree must present the same through e-filing or in written form for the signature of the Court at the time of applying for the Order, Judgment, or Decree.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
An order in an e-filed case must be presented to the Court for signature through e-filing.
Any order in an e-filed case shall be presented to the Court for signature by e-filing in Word format.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
The report must be filed with the Clerk or e-filed where applicable, with copies provided to all counsel of record and any unrepresented parties.
The report shall be filed with the Clerk of Court or e-filed in applicable cases, with copies to all counsel of record, and any parties not represented by counsel.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
Proposed civil jury instructions must be presented to the Court or, in applicable cases, e-filed, and served on each adverse party according to the jury trial preparation order.
Proposed instructions to the jury in a civil action shall be presented to the Court, or e-filed in Word format in applicable cases, and served upon each adverse party as stated in the jury trial preparation order.
Page 11 | Rule 12. Hearings and Trials
When necessary, documents in any county may be submitted for filing by e-mail or fax.
When necessary, documents in any county may be submitted for filing by email or fax filing.
Page 5 | Filings
For the listed case types and proceedings, U.S. mail or in-person filing is preferred.
In the following cases: Adoption; Guardianship / Conservatorship / Treatment Court/ Search Warrant/ Investigative Subpoenas; Probates; and Fugitive Warrants, the preferred filing method for documents submitted to the Court is via US mail or in person.
Page 5 | Filings
Once e-filing is implemented in a county, e-filing is the preferred filing method there.
Upon e-filing being implemented in any county, the preferred filing method for filing is via e-filing.
Page 5 | Filings
When proposed jury instructions and verdict forms are not e-filed, the Court requests that each party email them as Word-format attachments to the Court Administrator.
If proposed jury instructions and verdict forms are not e-filed, the Court requests that each party submit proposed jury instructions and verdict forms to the Court Administrator via e-mail attachment in Word format.
Page 11 | Rule 12. Hearings and Trials
The Court requests submission of proposed findings and conclusions by e-filing where applicable or by email attachment to the Court Administrator.
The Court requests that the parties submit proposed Findings of Fact and Conclusions of Law in Word format by e-filing where applicable, or via e-mail attachment in Word format to the Court Administrator.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Filing Timing and Cure Windows
Briefs due on a specified date must be filed by 5:00 p.m.; filing later may result in the brief being disregarded and counsel being cited for contempt unless the Court approved an extension beforehand and the requesting party notified each party.
All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed by 5:00 p.m. by the date certain. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court's disregarding the brief and citing the delinquent party's attorney for contempt.
Page 5 | G. Brief Deadlines
A written court order or judgment must be presented to the Clerk for filing immediately after it is made.
When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.
Page 5 | F. Orders
For motions under Rule 56(c)(2)(A), a party must request a hearing within 14 days after the reply-brief filing period expires or oral argument is waived.
Oral Arguments on motions under Rule 56(c)(2)(A), M.R.Civ.P. are waived unless a party requests a hearing within 14 days after the time for filing a reply brief has expired.
Page 6 | Rule 5. Motions, Briefs, and Hearings — B. Oral Arguments
The Settlement Master or Mediator must submit a report within five days after the settlement conference or mediation, stating that it occurred and describing any issues settled.
Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
A written request for audio/visual coverage must be submitted to the presiding Judge no later than five days before the proceeding.
A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.
Page 12 | Rule 12. Hearings and Trials
Proposed findings and conclusions must be submitted within 15 days after trial unless the Court orders otherwise.
Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
In a civil case, each party must submit a Trial Position Statement at least 10 days before trial or by the deadline in the trial scheduling order.
At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Verified financial affidavits must be submitted within 30 days of the Respondent's first appearance.
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
Page 15 | Temporary Child Support/ Temporary Parenting
The required child-support financial affidavits must be submitted and filed before entry of any child-support order.
In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.
Page 15 | Rule 22. CHILD SUPPORT
The required public-assistance statement must be included in the Petition when the proceeding is begun.
The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.
Page 15 | Rule 22. CHILD SUPPORT
The required notice to the lower court and motion must be made promptly after the specified District Court action is filed.
When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.
Page 16 | Rule 23. CERTIFICATION OF SELF-HELP TEMPORARY RESTRAINING ORDERS
Within 90 days from the notice date, the personal representative must close the estate or file a status report explaining why it cannot yet be closed.
This Estate has been brought to the attention of this Court by the Montana Supreme Court which monitors whether estates have been closed within two years of being filed. Accordingly, in keeping with Local Court Rule 30, the Personal Representative will have a period of ninety days from the date of this Notice to either close the Estate or, in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed.
Page 19 | Rule 30. ESTATES TO BE CLOSED WITHIN TWO (2) YEARS, CLERK'S DUTIES
Parties must respond to a Court request for a status report in writing within 20 days.
Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within 20 days in writing.
Page 20 | Rule 33. DISMISSAL OF ACTION FOR LACHES
If a fully submitted motion has not been ruled on within 30 days, counsel may request that the Court review it.
If a motion is not ruled upon within thirty (30) days of the date the motion and all supporting and opposing briefs are fully submitted for ruling, counsel may request that the Court review the motion.
Page 6 | Rule 5. Motions, Briefs, and Hearings — B. Oral Arguments
The opposing party may object to the reasonableness of the claimed fees within 14 days.
The opposing party may file an objection as to the reasonableness of the fees claimed within 14 days.
Page 13 | Rule 15. ATTORNEYS
In any other matter, counsel may submit a Trial Position Statement at least 10 days before the hearing.
In any other matter, counsel may submit a Trial Position Statement at least 10 days prior to hearing.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Service and Proof of Service Rules
Proof of service must be filed promptly and before the Court or a party acts on the papers, except when a particular proof method is prescribed by rule or statute.
Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in Rule 4 or 5, M. R. Civ.P. or other applicable statute, shall be filed with the Clerk of Court promptly and, in any event, before any action is to be taken thereon by the Court or the parties.
Page 4 | Rule 3. Service of Process and Papers
Documents and proposed orders must be provided to opposing counsel or other parties by the same method used to submit them to the Clerk.
All documents and proposed orders must be provided to opposing counsel and/or other parties in the same manner as submitted to the Clerk of District Court.
Page 4 | Rule 3. Service of Process and Papers
Each party must serve an appropriate disclosure within thirty days after entry of the Case Scheduling Order, subject to the stated case exceptions.
C. Pre-Discovery Disclosures. Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (1) Except with leave of Court, a party may not seek discovery from any source before making an appropriate Pre-Discovery Disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure. A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party. Every party shall serve an appropriate disclosure not later than thirty (30) days after entry of the Case Scheduling Order.
Page 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES, C. Pre-Discovery Disclosures
Except for cases outside the disclosure requirements or where the Court grants leave, a party may not seek discovery before making an appropriate disclosure or seek it from another party before serving that party with the disclosure.
C. Pre-Discovery Disclosures. Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (1) Except with leave of Court, a party may not seek discovery from any source before making an appropriate Pre-Discovery Disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure.
Page 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES, C. Pre-Discovery Disclosures
Copies of the settlement report must be provided to all counsel of record and any unrepresented parties.
The report shall be filed with the Clerk of Court or e-filed in applicable cases, with copies to all counsel of record, and any parties not represented by counsel.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
Proposed civil jury instructions must be served on each adverse party as directed by the jury trial preparation order.
Proposed instructions to the jury in a civil action shall be presented to the Court, or e-filed in Word format in applicable cases, and served upon each adverse party as stated in the jury trial preparation order.
Page 11 | Rule 12. Hearings and Trials
Unless the client consents or Rule 15.E. applies, an attorney may withdraw only with court leave after serving notice on the parties and opposing counsel.
Except as provided in Rule 15.E. herein, no attorney may withdraw from any case except by consent of the client or by leave of the Court after notice has been served on the parties and opposing counsel.
Page 13 | Rule 15. ATTORNEYS
After final disposition and expiration of the appeal period, counsel may be relieved by filing a Notice of Termination with the Clerk and serving it on opposing counsel and the client.
When a final disposition has been made of any case and the time for appeal has expired, counsel of record may be relieved of their duties as counsel of record provided they file a Notice of Termination with the Clerk of Court and serve the same on opposing counsel and their client.
Page 13 | Rule 15. ATTORNEYS
The party awarded attorney fees must serve the itemized affidavit on opposing counsel.
In all civil cases in which attorney's fees are awarded, the party awarded attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Page 13 | Rule 15. ATTORNEYS
In a pro se marital dissolution, legal separation, or parenting action, the Petitioner must be provided two copies of the Temporary Economic Restraining Order, and one copy must be served on the Respondent with the Petition.
In any marital dissolution, legal separation, or parenting action filed by pro se litigants, the Petitioner shall be provided two copies of the Temporary Economic Restraining Order. One copy shall be served upon the Respondent with the Petition.
Page 14 | Rule 21. MARITAL DISSOLUTION OR PARENTING ACTIONS
When a Complaint or Petition indicates that involved children receive or have applied for public assistance, the party or counsel must immediately notify the Child Support Enforcement Bureau in writing and file proof of notice with the Clerk.
Upon filing of a Complaint or Petition which indicates the children involved are, at that time recipients of, or applicants for, public assistance, the party or counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 15 | Rule 22. CHILD SUPPORT
Counsel must submit the verified financial affidavits to the opposing party as well as to the Court.
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
Page 15 | Temporary Child Support/ Temporary Parenting
Placing copies in counsel's Clerk's Office box is not proper service unless counsel has given prior written permission.
Proper service does not include placing copies in counsel's box in the Clerk of Court's office unless prior written permission is obtained from counsel.
Page 4 | Rule 3. Service of Process and Papers
In estate matters, the Clerk must notify the attorney of record immediately after receiving the specified notice and mail the prescribed notice.
In estate matters the Clerk shall notify the attorney of record immediately following receipt of the § 72-3-1015 M.C.A. Notice from the Supreme Court Administrator that, within ninety (90) days, in the absence of good cause shown to the Court, the matter shall be called to the attention of the Court so that the Court may order the personal representative and his attorney to appear and show cause why the estate has not been closed. The Clerk of the District Court shall mail to the attorney of record the following notice:
Page 19 | Rule 30. ESTATES TO BE CLOSED WITHIN TWO (2) YEARS, CLERK'S DUTIES
A party may serve written discovery requests at the same time it serves the required disclosure statement on that party.
C. Pre-Discovery Disclosures. Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (1) Except with leave of Court, a party may not seek discovery from any source before making an appropriate Pre-Discovery Disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure. A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party.
Page 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES, C. Pre-Discovery Disclosures
Filing Fees and Waivers
The Clerk will not accept or file a document requiring a filing fee unless the fee is paid or the Court approves a fee waiver in writing.
The Clerk of Court shall not accept or file any document required to be accompanied by a filing fee, unless the fee is paid or the Court has approved a fee waiver in writing.
Page 4 | Rule 4. Filings — Filing Fees
Judgment fees may be collected at the start of a case but must be paid before or when a proposed Judgment or Decree is submitted.
Judgment fees may be collected at the outset of a case, but shall be paid prior to or upon submission of a proposed Judgment or Decree.
Page 4 | Rule 4. Filings — Filing Fees
A complaint, petition, answer, or judgment will not be filed unless the required fee is paid or a fee waiver is approved.
No complaint, petition, answer or judgment will be filed without payment of the requisite filing fee or the approval of a waiver of fees.
Page 5 | The following guidelines must be followed for email or fax documents
Fax or e-mail filing does not change or delay required fee payment, which remains the filing person's responsibility.
The use of fax or email transmission shall not change or delay the required payment of fees. It shall be the obligation of the person filing the fax or email document to pay any required fees in the manner and within the required time.
Page 5 | The following guidelines must be followed for email or fax documents
The Clerk of Court may charge the statutory filing fee for a pleading filed by fax or e-mail.
As dictated by statute, the Clerk of Court may charge the filing fee for filing a pleading by fax or email. § 25-1-201(1)(r), M.C.A.
Page 5 | The following guidelines must be followed for email or fax documents
Courtesy Copy Requirements
Each proposed jury instruction must be furnished to the Court as an original and one copy, and the working copy must identify the requesting party, be numbered consecutively, and include an attached source and any supporting authority.
The original and one copy of each instruction proposed must be furnished to the Court. The Court's working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and, on an attached page, contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
Page 11 | Rule 12. Hearings and Trials
Pre-Motion Conference Requirements
Counsel must confer about all disputed issues before filing a motion under Rules 26 through 37, or the Court will deny the motion.
The Court will deny any motion pursuant to Rules 26 through 37 of the M.R.Civ.P., unless counsel shall have conferred concerning all disputed issues before the motion is filed.
Page 6 | Rule 5. Motions, Briefs, and Hearings — Discovery Motions
For motions other than those addressed by the preceding Rule 56 provision, a party must request oral argument or the Court will decide on the written submissions alone.
Oral arguments on all other motions must be requested by a party, or the court shall rule on written documents alone.
Page 6 | Rule 5. Motions, Briefs, and Hearings — B. Oral Arguments
Parties must meet and confer over discovery disputes; after an unresolved meet-and-confer, they may arrange an informal court conference, and an unresolved dispute may proceed to a specific discovery motion.
In the event of a discovery dispute, the parties shall meet and confer to attempt to resolve the dispute. If the parties do not resolve the dispute after a meet and confer, whether or not a Motion is filed, either party may contact the Court Administrator to arrange an informal discovery conference with the Court. When the Order setting the informal discovery conference is entered, briefing on any filed Motion is held in abeyance. Any party may provide to the court, in advance of the informal discovery conference, documents and/or legal authority that may assist the Court in understanding the dispute. If the informal discovery conference does not resolve the discovery dispute, the discovery motion may be filed, stating with specificity the matters upon which the motion is based.
Page 9 | Discovery Conference
Oral argument is set only by Court order and remains within the Court's discretion.
Oral argument will be set only by Court order and at the Court's discretion.
Page 6 | Rule 5. Motions, Briefs, and Hearings — B. Oral Arguments
If moving counsel seeks a conference and opposing counsel willfully refuses or fails to confer, the Court may order payment of reasonable expenses, including attorney's fees.
If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the Court may order the payment of reasonable expenses, including attorney's fees, pursuant to M.R.Civ.P. 37(a)(4).
Page 6 | Rule 5. Motions, Briefs, and Hearings — Discovery Motions
Briefing on a filed discovery motion is held in abeyance once the order setting an informal discovery conference is entered.
When the Order setting the informal discovery conference is entered, briefing on any filed Motion is held in abeyance.
Page 9 | Discovery Conference
Adjournment & Extension Requirements
A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit addressing materiality, diligent efforts to secure it, and reasonable grounds for later production; if the adverse party stipulates to treating admissible evidence as given, postponement is allowed only if the Court finds proceeding without it would work an injustice.
Pursuant to §25-4-501 M.C.A., a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance is granted. If the testimony or the evidence would be admissible upon the trial and the adverse party stipulates that it shall be considered as actually given on the trial, there shall be no postponement or continuance unless, in the opinion of the Court, a trial without the witness or evidence would work an injustice on the moving party.
Page 12 | Rule 13. Postponement of Trials
The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party's written motion, with prior notice to all parties.
Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with prior notice to all parties.
Page 6 | Rule 5. Motions, Briefs, and Hearings — D. Continuances
Chambers Communication Rules
All communications with the Court must go through the District Court Administrator or Clerk of Court.
All communications with the Court shall go through the District Court Administrator or the Clerk of Court to ensure that no ex parte communications take place and to ensure judicial economy.
Page 9 | Rule 9. COMMUNICATIONS WITH THE COURT
Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court unless all opposing counsel are present or notified, or have given prior approval or stipulation.
There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel.
Page 10 | Rule 9. COMMUNICATIONS WITH THE COURT
In the specified overlapping proceedings, the petitioner or counsel must promptly notify the lower court of the District Court action.
When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.
Page 16 | Rule 23. CERTIFICATION OF SELF-HELP TEMPORARY RESTRAINING ORDERS
Counsel or the party must notify the appropriate lower court and law enforcement agencies when this Court modifies or dissolves a certified lower-court order.
Counsel or the party shall notify the appropriate lower court and appropriate law enforcement agencies of any modification or dissolution of lower court orders certified to this Court and subsequently modified or dissolved by this Court.
Page 16 | Rule 23. CERTIFICATION OF SELF-HELP TEMPORARY RESTRAINING ORDERS
Email filings should be submitted to parkdcc@mt.gov for Park County or clerkofcourt.sweetgrass @mt.gov for Sweet Grass County.
Email filings should be submitted to parkdcc@mt.gov for Park County or clerkofcourt.sweetgrass @mt.gov for Sweet Grass County.
Page 5 | Filings
Any motion not ruled on at least two weeks before trial should be brought to the Court's attention.
Any motion not ruled on at least two weeks before trial should be brought to the Court's attention.
Page 16 | Rule 24. CRIMINAL ACTIONS
After an unsuccessful meet-and-confer, either party may contact the Court Administrator to arrange an informal discovery conference, whether or not a motion has been filed.
If the parties do not resolve the dispute after a meet and confer, whether or not a Motion is filed, either party may contact the Court Administrator to arrange an informal discovery conference with the Court.
Page 9 | Discovery Conference
After the discovery period set by the Case Scheduling Order has run, any party may request a trial date from the Court Administrator.
At any time after the discovery period has run, according to the Case Scheduling Order, any party may move for, or request, a trial date from the Court Administrator.
Page 9 | Rule 8. PRELIMINARY PRE-TRIAL CONFERENCES
A party may provide the court with helpful documents or legal authority before the informal discovery conference.
Any party may provide to the court, in advance of the informal discovery conference, documents and/or legal authority that may assist the Court in understanding the dispute.
Page 9 | Discovery Conference
If a matter has been under advisement for more than 30 days, each affected party is encouraged to send the Court a reminder letter or Notice of Issue identifying the matter and the date it was taken under advisement.
In the event the Court has under advisement any matter (including but not limited to a motion or decision in a bench trial) for a period of more than thirty (30) days, each party affected thereby is encouraged to send to the Court a reminder letter or "Notice of Issue" particularly describing the matter under advisement and stating the date the matter was taken under advisement.
Page 10 | Rule 9. COMMUNICATIONS WITH THE COURT
Fax filings should be sent to the listed fax number for the relevant county.
Fax filings should be submitted to 406-222-4128 for Park County and 406-932-5433 for Sweet Grass County.
Page 5 | Filings