Park County District Court, Montana Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Jury instructions

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Temporary economic restraining order

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Service

Mail

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:

WARNING

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.

INFO

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.