Park County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Pre discovery disclosure

A Pre-Discovery Disclosure must include the listed factual, legal, witness, document, damages, and insurance information; the provided text ends mid-item.

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

CRITICAL

Applies to

Procedural motion

Must include

proposed order

Every procedural motion must include a proposed order in Word format.

All procedural motions shall be accompanied by a proposed Order in Word format.

CRITICAL

Applies to

Stipulation

Must include

proposed order

Parties seeking court confirmation of a stipulation must submit a proposed order with it.

If parties wish to have a stipulation confirmed by the Court, then they must accompany the stipulation by a proposed Order.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings and conclusions must be in a format suitable for the Court’s signature and submitted with a copy for the Court.

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.

CRITICAL

Applies to

Pleading motion brief

Pleadings, motions, and briefs must be filed with the Clerk of Court.

All pleadings, motions, and briefs shall be filed with the Clerk of Court.

CRITICAL

Applies to

Parenting class completion certificate

When the parenting class is complete, parents must file a certificate of completion with the Court.

In such cases, when the class is complete, the parents must file a certificate of completion with the Court.

CRITICAL

Applies to

Case scheduling order or order scheduling trial

The Case Scheduling Order or Order Scheduling Trial must set dates for adding parties, identifying experts, motions, hearings, and settlement conferences.

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.

CRITICAL

Applies to

Status report

If the personal representative does not close the estate, the alternative status report must explain why the estate is not yet in a position to 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.

CRITICAL

Applies to

Pre sentence report

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.

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.

CRITICAL

Applies to

Order setting trial

The order setting trial must include deadlines for witness and exhibit lists and, if applicable, jury instructions and objections, as well as dates for the final pretrial conference and trial.

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.

CRITICAL

Applies to

Cash bond

For a cash bond, the full bail amount must be deposited by proper check, warrant, or draft, with a notation identifying the person who posted it.

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.

CRITICAL

Applies to

Parenting investigation report

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.

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.

CRITICAL

Applies to

Email or fax document

Every document submitted by e-mail or fax must be properly signed and dated.

All documents must be properly signed and dated.

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

Applies to

Written notice

When the stated appearance conditions are met and a bench warrant remains outstanding, defense counsel or the County Attorney's office must notify the Court in writing to quash it.

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.

CRITICAL

Applies to

Stipulation

A covered civil case must have a master-supervised settlement conference or mediation unless a waiver stipulation signed by all counsel of record and any unrepresented party is filed and approved by the Court.

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.

CRITICAL

Applies to

Ex parte motion

Must include

proposed order

Every ex parte motion must include a proposed order setting the time and date for a further hearing.

Any ex parte motion must be accompanied by a proposed order setting a time and date for further hearing.

CRITICAL

Applies to

Original request and duplicate copy

For this direct-information procedure, the Justice of the Peace must promptly endorse the nature of the bond on the original request and duplicate copy and transfer the bond to the District Court.

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.

CRITICAL

Applies to

Jury instructions

The working copy of each proposed jury instruction must identify the requesting party, use consecutive numbering, and include an attached source reference and any supporting authority.

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.

CRITICAL

Applies to

Pleading

A pleading incorporating a jury-trial demand must identify the demand in both its title and body.

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.

CRITICAL

Applies to

Proposed order

In cases that are not e-filed, proposed orders must be e-mailed to the Court Administrator as Word attachments.

All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.

CRITICAL

Applies to

Law motion calendar matter

A matter cannot be placed on the law and motion calendar until its motion or other documentation and 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.

CRITICAL

Applies to

Communication with court

Letters and other communications to the Court must indicate on their face that copies were sent to opposing counsel.

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.

CRITICAL

Applies to

Pre discovery disclosure

A party must supplement or correct an incomplete or inaccurate pre-discovery disclosure within a reasonable time after learning of the issue.

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.

CRITICAL

Applies to

Motion to reset hearing or trial

A motion to reset a hearing or trial must provide available dates.

All motions to re-set a hearing or trial must include information regarding available dates, to avoid multiple re-settings.

CRITICAL

Applies to

Verified financial affidavit

Counsel must submit verified financial affidavits to the Court and opposing party 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.

CRITICAL

Applies to

Proposed order judgment decree

In cases that are not e-filed, proposed orders, judgments, and decrees must be filed and emailed to the Court Administrator as Word attachments.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

E-filed motions must include a proposed order for the Court's signature in Word format.

Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.

CRITICAL

Applies to

Omnibus hearing form

The omnibus hearing form must be completed and filed as directed at arraignment.

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.

CRITICAL

Applies to

Trial setting order

The trial-setting order must include deadlines for expert-witness disclosures and motions, the jury-trial-verification date and time, and jury instructions.

The Order setting trial shall include deadlines for expert witness disclosure, motions, a date and time for jury trial verification, and jury instructions.

CRITICAL

Applies to

Discovery documents

Discovery documents may not be filed with the Clerk without prior leave of Court.

Pursuant to Rule 4, UDCR, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court.

CRITICAL

Applies to

Bond

Bonds presented to the District Court for approval must state that they are payable to the District Court.

All bonds presented to the District Court for approval shall recite that they are payable to the District Court.

CRITICAL

Applies to

Discovery motion

The moving party's counsel must include a statement of compliance with the meet-and-confer rule in the motion.

Counsel for the moving party shall include in the motion a statement of compliance with this rule.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Every e-filed motion seeking a continuance must include an appropriate proposed order for Court approval in Word format.

All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.

CRITICAL

Applies to

Filing

Counsel must include their own or their firm's e-mail address on every filing.

Counsel shall include an e-mail address for themselves or their firm on all filings.

CRITICAL

Applies to

Ex parte motion

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.

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.

CRITICAL

Applies to

Real estate bond

A real estate bond may not be filed or considered unless it complies with all requirements of §46-9-403, M.C.A.

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.

CRITICAL

Applies to

Civil order judgment decree

The requesting party must present the order, judgment, or decree for the Court's signature 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.

CRITICAL

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.

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.

CRITICAL

Applies to

Case transfer papers

When transfer papers are filed with the Clerk, the bail must also be delivered to the Clerk.

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.

CRITICAL

Applies to

Audio visual coverage request

Audio/visual coverage requires advance approval from the presiding Judge, and a written request must be submitted at least five days before the proceeding.

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.

CRITICAL

Applies to

Status report

Parties must submit their response to a Court request for a status report in writing.

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.

CRITICAL

Applies to

Verdict forms

Each party must submit proposed verdict forms at the same time and in the same manner as its proposed jury instructions.

Proposed verdict forms must be submitted by each party at the same time and in the same manner as the jury instructions.

CRITICAL

Applies to

Pre sentence investigation report

Pre-sentence investigations must be completed and their reports delivered to the Court and parties before the Court sets the sentencing date.

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.

CRITICAL

Applies to

Emergency matter

A mailed or delivered emergency matter must include a request for the Court's 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.

CRITICAL

Applies to

Case transfer order

The transfer order must state the amount and nature of the bail furnished.

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.

CRITICAL

Applies to

Motion for leave to file pleading

Must include

proposed order

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.

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.

CRITICAL

Applies to

Bond transmittal

The original bond transmittal must be filed with the District Court Clerk, and the Justice of the Peace must receive a copy.

The original bond transmittal must be filed with the Clerk of the District Court, and the Justice of the Peace shall receive a copy.

CRITICAL

Applies to

Settlement master or mediator report

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.

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.

CRITICAL

Applies to

Attorney fee affidavit

In a civil case with an attorney-fee award, the awarded party must file and serve opposing counsel an affidavit itemizing the fee claim.

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.