Park County District Court, Montana Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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).