Park County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Proposed order

For cases that are not e-filed, proposed orders accompanying continuance motions 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

Drivers license suspension or revocation petition

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.

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.

CRITICAL

Applies to

Withdrawal order

Counsel seeking to withdraw must provide the court-approved order; in an unresolved case, the order must provide for opposing counsel to give a Rule 10 Notice.

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.

CRITICAL

Applies to

Trial position statement

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.

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.

CRITICAL

Applies to

Montana child support guidelines financial affidavit

In cases seeking an order establishing or modifying child support, the parents' Montana Child Support Guidelines Financial Affidavits must be submitted to and filed with the Court.

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.

CRITICAL

Applies to

Mandatory disclosure or supplement

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.

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.

CRITICAL

Applies to

Order

When the Court directs preparation of an order after a hearing, the moving party must prepare it unless the Court designates another party.

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.

WARNING

Applies to

Substitution of counsel

If a defendant retains private counsel, a substitution of counsel should be completed and filed.

A substitution of counsel should be completed and filed if the defendant contracts private counsel.

WARNING

Applies to

Substitution of counsel

If the Defendant contracts with private counsel, a substitution of counsel should be completed and filed.

A substitution of counsel should be completed and filed if the Defendant contracts with private counsel.

INFO

Applies to

Notice of issue

Counsel may file a Notice of Issue to bring a fully briefed matter to the Court's attention.

If a matter is fully briefed, counsel may file a "Notice of Issue" to bring the matter to the Court's attention.

CRITICAL

Applies to

Bail bond

For a bail bond or other permitted bond, the actual bond documents must be delivered to the District Court Clerk.

If the bail furnished was a bail bond or other bond as permitted by § 46-9-401, M.C.A., the Justice or the City Judge must deliver the actual documents furnished as bond to the Clerk of the District Court.