Petroleum County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Proposed Order
Adjournments
- The Court may continue a Law and Motion matter on its own initiative.
- Ex parte requests to continue a Law and Motion matter set by court order must comply with MUDCR 3.
- A continuance may be granted only by motion and only if it does not inconvenience the Court in the progress of the trial calendar.
- +6 more
Request must include
Communication
Phone
Page & Word Limits3 rules
An individual brief is limited to 20 pages or, alternatively, 6,500 words with the required certification; the stated exclusions differ between the page and word counts, and leave of Court is required to exceed the page limit.
- Brief
- Up to 20 pages or 6,500 words
Excluded from the limit
- •Certificates
- •Appendices
- •Caption
- •Signature block
- •Table of contents
- •Table of authorities
Exception
More pages with leave of court
Court's wording
D. Requirements of Briefs: No individual brief shall exceed twenty (20) pages in length, exclusive of the electronic certificate of service, indexes, or appendices, without prior leave of the Court. Serial motions filed for the purpose of evading the page limitation may result in summary denial of all such motions. (1) Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices) if accompanied by a certification of compliance which states the word count and the documents line spacing and states:
Reply briefs shall not exceed ten (10) pages or 2,500 words.
- Reply brief
- Up to 10 pages or 2,500 words
The total number of pages of attachments shall not exceed fifteen (15) except by leave of the Court
- Attachments
- Up to 15 pages
Exception
More pages with leave of court
Document Format Requirements10 rules
Papers must meet the stated typing, paper size, margin, line numbering, spacing, page numbering, and bottom-margin requirements.
- Line spacing
- 1.5 lines
- Margins
- 1 inch
- Paper size
- Letter
Formatting
- •Use standard quality paper
- •Papers may be typewritten or handwritten in clear and legible handwriting
- •Number lines consecutively from the top.
Exception
Quoted material and footnotes
Court's wording
All papers shall be: (1) Typewritten or if handwritten in clear and legible handwriting; (2) Only on standard quality paper, 8 ½” x 11” in size with one inch margins on one side only; (3) Lines numbered consecutively from the top; (4) Spaced one and a half or double, except for quoted material and footnotes; (5) Numbered consecutively on the bottom left hand portion of the page. If the filing is more than one page, the page number should be in the format “x of x”; and (6) The title of the pleading shall not be listed in the bottom margin and must be left blank for the electronic signature of the Court.
The first page must follow the specified line placement and clerk-reserved space, and nonconforming pages require leave of Court or may be rejected or stricken.
Court's wording
The first page of any filing shall conform to the following: (1) Commencing at line 1 at the left margin, single spaced, shall identify the name of the attorney or party responsible for the pleadings together with complete mailing address, telephone number and email address; (2) Lines 1 through 7 of the right one half of the page shall be left blank for the use of the Clerk of Court; (3) On or below line 8, the title of the Court; (4) Commencing at line 9 or below, on the left the title of the case; (5) On the right and opposite the title of the case, the case number and identification of the document; (6) Nonconforming pages may not be filed without leave of the Court and will either be rejected by the Clerk of Court or stricken from the record.
Be submitted via e-filing in .doc or .docx format. All proposed orders in cases that are not enabled for e-filing shall be emailed to the Court Administrator in .doc or .docx format;
Omit macros or special coding or formatting other than appropriate citation format;
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
If the clean proposed jury instructions and verdict form are not submitted by e-filing the parties shall email them to the Court Administrator in .doc or .docx format.
A set of “clean” jury instructions shall also be e-filed in .doc or .docx format that does not contain the citations.
Proposed orders for emergency filings should be properly filed with the Clerk of Court as well as emailed to the Court Administrator in .doc or .docx format.
The total number of pages of attachments shall not exceed fifteen (15) except by leave of the Court and shall not be larger than 8 ½” x 11”.
D. Exhibits are to be appropriately marked and exchanged prior to trial, with Plaintiff/Petitioner using numbers and Defendant/Respondent using letters—unless directed otherwise by the Court.
Document Filing Requirements73 rules
No matter will be scheduled for hearing until the motion or other documentation, and all relevant supporting documents, have been filed with the Clerk of Court.
If filing by fax or email, note the filing is an emergency in the cover sheet or subject line of the email.
The moving party is required to file a notice of issue after all motions have been fully briefed.
The request must be accompanied by a proposed order containing proposed new deadlines.
- Document
- Motion to extend deadlines
Must include
- •Proposed order
(1) Unless the last deadline in a scheduling order sets a conference or a trial date, it must require the parties to file a joint notice stating the matter is ready for trial or further scheduling.
A trial-postponement motion based on an absent witness or evidence must include the specified affidavit showing, or proceed under the cited statute when the interests of justice require it.
Court's wording
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under Mont. Code Ann. § 25-4-501, showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available, should postponement be granted, or pursuant to Mont. Code Ann. § 46-13-202, if the interests of justice require it.
The first page must include the Court title, case title, case number, and document identification in the stated locations.
- Document
- Filing
Include
- •Caption
- •Case number
Court's wording
(3) On or below line 8, the title of the Court; (4) Commencing at line 9 or below, on the left the title of the case; (5) On the right and opposite the title of the case, the case number and identification of the document;
(1) Commencing at line 1 at the left margin, single spaced, shall identify the name of the attorney or party responsible for the pleadings together with complete mailing address, telephone number and email address;
A filing using the 6,500-word alternative must be accompanied by a certification of compliance stating the word count and the document's line spacing.
Court's wording
(1) Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices) if accompanied by a certification of compliance which states the word count and the documents line spacing and states:
Motions seeking leave to file an overlength brief are disfavored and will only be granted for good cause. Motions must include the number of additional pages and detail why an overlength brief is necessary.
Proposed orders (uncontested or otherwise) shall accompany the motion as a separate document and must conform as set forth above.
- Document
- Motion
Must include
- •Proposed order
In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.
In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
Any person who files a document under seal, with or without prior leave, certifies that sealing is appropriate to the best of the person’s knowledge, information, or belief.
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.
When a party moves for leave to amend or supplement a pleading, the proposed pleading must be attached to the motion as an exhibit.
If leave is granted counsel must submit the amended document for filing, the Clerk of Court will not file the attached exhibit.
The traditional signature block shall be replaced with: ELECTRONICALLY SIGNED AND DATED BELOW.”
Must include
- •ELECTRONICALLY SIGNED AND DATED BELOW
Be submitted as a separate document under the filing type “Proposed Document” and shall not have a footer or signature block for the Judge’s signature.
Sourced and clean jury instructions must be filed under their respective specified filing types and subtypes.
Court's wording
Sourced jury instructions are to be filed under the filing type “Notice” and filing subtype “Notice”. Clean jury instructions are to be filed under the filing type “Proposed Document” and the filing subtype “Jury Instructions Proposed”.
A “sourced” set of proposed instructions shall indicate the party on whose behalf it is requested, be numbered consecutively, and contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
Counsel shall ensure that proposed jury instructions are correct with respect to the parties name and gender and as to whether parties are singular or plural.
Proposed verdict forms must be filed with the Court in the same manner as jury instructions.
If a Defendant is entering a guilty plea or being sentenced, their counsel is not permitted to appear by Zoom unless an appropriate motion is filed that includes their client’s consent.
Counsel must coordinate with the detention facility and, if it cannot accommodate the hearing, submit available dates and times to the Court in an appropriate motion.
Court's wording
It is the responsibility of counsel to make arrangements with the detention facility to ensure they are able to accommodate such hearing. If the detention facility cannot accommodate the hearing, counsel shall determine what dates and times such hearing can be accommodated and provide that information to the Court in an appropriate motion.
Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.
If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order and shall include any bond and conditions that were imposed in the Justice or City Court and/or provide recommendations for bail and conditions of release, pending initial appearance.
- Document
- Motion for leave to file information
Must include
- •Proposed order
If OPD has been appointed or if defense counsel has been assigned in a lower court proceeding, the County Attorney shall include such information in their Motion and Affidavit for Leave to File Information.
If Defendant waives a Formal Omnibus Hearing the prosecution and defense will each complete their portions of the Omnibus Memorandum and Order and email the completed form to the Court Administrator which will be submitted to the Court for approval.
All proposed arrest warrants shall include proposed bond and conditions.
Disputes about discovery are not a basis for refusal to complete the omnibus memorandum.
Should examination be ordered upon Defendant's motion, defense counsel shall be responsible to assure a report of examination under Mont. Code. Ann. § 46-14-206, is timely filed.
Plea agreements under Mont. Code Ann. § 46-12-211, must be reduced to writing, signed by counsel and the Defendant, and filed with the Clerk of Court.
Counsel who intend to proffer an Alford plea or plea of nolo contendere under Mont. Code Ann. § 46-12-204, must present a factual basis showing good reason for the Court to accept the plea, Mont. Code Ann. § 46-12-212(2).
Unless effectively waived by a Defendant, a Presence Investigation Report (PSI) shall be completed and the original filed with the Court.
If the parties cannot stipulate to temporary child support, they must open a CSSD case, fully cooperate with its information requests, and file the CSSD order with the Court.
Court's wording
If the parties are unable to reach a stipulation for temporary child support the parties shall open a case with the Montana Child Support Services Division (CSSD). Both parties shall fully cooperate with CSSD in providing all requested and needed information. The parties must file the CSSD order with the Court.
In such cases, when the class is complete, the parents must file a certificate of completion with the Court.
All parenting cases shall include a notice by the Petitioner of the status and case number for CSSD or the most recent CSSD order.
When the specified District Court action is filed between parties subject to a temporary protection order in a lower court, the Petitioner’s counsel or lower-court Petitioner must promptly notify the lower court and move to transfer the matter to District Court.
Court's wording
When any action for declaration of invalidity of marriage, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a temporary order of protection 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 transfer the matter to the District Court.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance
A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
At the time of filing a petition for dissolution, invalidity of marriage, petition for legal separation, or petition for parenting plan the Petitioner or the Co-Petitioners shall file a sensitive case form which sets forth the parties and minor children’s full names, full dates of birth, and social security numbers.
If the Petitioner is unaware of any of that information they shall indicate such on the form and the Respondent will be required to file a sensitive case form with any information that was incorrect or unknown to Petitioner.
Each party will submit to the settlement judge/ mediator/ master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
Any agreement reached in mediation shall be promptly reduced to writing
upon execution by parties, a written status report shall be filed with the Court.
When a party changes attorneys, a notice of substitution signed by the incoming and outgoing attorney and client must be filed by the outgoing attorney.
Within thirty (30) days, settlement documents must be prepared and filed.
If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the Court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.
Further, counsel that desires to withdraw shall include in their Motion/Notice the parties updated contact information, including telephone number and mailing/physical address, before the Court will consider the Motion or direct the Clerk of Court’s Office to update the case service matrix
Status Reports for matters which have been filed in Bankruptcy Court shall be filed on an annual basis.
Cases which have been closed for lack of prosecution shall only be reopened by filing an appropriate document. No judicial action will be taken in the case or part thereof unless good cause is shown.
Such Status Report shall include the estimated time remaining to close the Estate.
The Certificate of Completion must be filed with the Clerk of District Court.
Filing & Service rules
Electronic Filing Rules
A party requesting a civil order, judgment, or decree must submit it through e-filing when applying for it.
The party requesting any civil order, judgment, or decree must present the same through e-filing at the time of application for such order.
Page 14 | Rule 5 - Manner of Filing, B
Proposed orders must be submitted through e-filing in .doc or .docx format when e-filing is enabled; otherwise, they must be emailed to the Court Administrator in one of those formats.
Be submitted via e-filing in .doc or .docx format. All proposed orders in cases that are not enabled for e-filing shall be emailed to the Court Administrator in .doc or .docx format;
Page 14 | Rule 5 - Manner of Filing, C(3)
Lawyers admitted in Montana or appearing pro hac vice must use the State of Montana E-Filing system in cases where e-filing is enabled, unless specifically exempted; counsel must know which case types are enabled and the applicable procedures.
The Tenth Judicial District Court has implemented the State of Montana’s E- Filing system. Most case types are capable of electronically filing. Counsel is responsible for knowing what case types have been enabled and proper filing procedures. The Montana Supreme Court has adopted rules governing access to and use of the electronic filing system. See in re Temporary Electronic Filing Rules, AF 14-0745, filed October 3, 2017. Consistent with Temporary Electronic Filing Rule 2(b), use of the electronic filing system for all lawyers admitted to practice in Montana, or those appearing pro hac vice, is mandatory in all cases in which e-filing has been enabled, unless specifically exempted.
Page 14 | Rule 5 - Manner of Filing, A
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
Any proposed documents must be emailed to the Court Administrator in .doc or .docx.
Page 15 | E
If clean proposed jury instructions and the verdict form are not e-filed, the parties must email them to the Court Administrator in .doc or .docx format.
If the clean proposed jury instructions and verdict form are not submitted by e-filing the parties shall email them to the Court Administrator in .doc or .docx format.
Page 15 | D. Jury Instructions
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Page 16 | Rule 7 - Pre-Trial and Trial, A. Jury Instructions
Clean jury instructions must be e-filed in .doc or .docx format without citations.
A set of “clean” jury instructions shall also be e-filed in .doc or .docx format that does not contain the citations.
Page 16 | Rule 7 - Pre-Trial and Trial, A. Jury Instructions
When the Defendant waives a Formal Omnibus Hearing, the completed Omnibus Memorandum and Order must be emailed to the Court Administrator for submission to the Court for approval.
If Defendant waives a Formal Omnibus Hearing the prosecution and defense will each complete their portions of the Omnibus Memorandum and Order and email the completed form to the Court Administrator which will be submitted to the Court for approval.
Page 23 | Omnibus Hearing
When requested by the Court, proposed orders following a hearing should be submitted through e-filing or email to the Court Administrator.
Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.
Page 12 | Rule 1 - Law and Motion
When e-filing is undergoing maintenance or otherwise unavailable, documents may be filed with the Clerk by mail, email, or facsimile, subject to this rule and the Montana Rules of Civil Procedure.
For extenuating circumstances in which e-filing is undergoing maintenance, or is otherwise unavailable, documents may be filed with the Clerk of Court via mail, email, or facsimile, subject to the provisions of this rule and the M. R. Civ. P.
Page 15 | E
Filing Timing and Cure Windows
Documents submitted after a scheduling-order filing date may be filed only with leave of the Court.
If documents are submitted to the Clerk of Court in violation of the Court's Scheduling Order, i.e., beyond the required filing date, such documents shall be filed only with leave of the Court.
Page 5 | Rule 2 - Scheduling Procedure and Case Management
An overlength brief may not be filed with the motion seeking leave, and the Clerk will refuse it unless the Court has ordered otherwise.
Parties shall not file an overlength brief simultaneously with the motion seeking leave to file it. Unless leave of Court is granted, the above rule controls. The Clerk of Court will refuse to file overlength briefs without a Court order.
Page 11 | Rule 1 - Law and Motion
If leave to amend or supplement is granted, the party must promptly file the pleading.
If leave is granted, the party must promptly file the pleading.
Page 13 | J. Motion for Leave to Amend or Supplement
The requested civil order, judgment, or decree must be submitted at the time of the application.
The party requesting any civil order, judgment, or decree must present the same through e-filing at the time of application for such order.
Page 14 | Rule 5 - Manner of Filing, B
When directed to prepare an order after a hearing, the party must submit it within 14 calendar days of the hearing unless the Court sets a different deadline.
When directed by the Court to prepare an order after hearing, the party shall submit the proposed document within fourteen (14) calendar days of the hearing, unless a different deadline is established by the Court.
Page 14 | Rule 5 - Manner of Filing, B
For a transmission to the Clerk, the filing date and time are the date and time the Clerk receives it.
The date and time of receipt by the Clerk of Court of the transmission shall be the date and time of filing.
Page 15 | E(1)
A motion for a Zoom appearance must be filed at least two business days before the hearing.
Motions for Zoom appearances must be filed at least two (2) business days prior to the hearing.
Page 19 | Rule 11 - Telephonic or Video Testimony & Appearances
When a case transfers from Justice or City Court to District Court, any bail or cash bond must be transferred to the Clerk of Court by the initial appearance.
Whenever bail has been furnished to a Justice or City Court, and the cause is transferred to District Court, bail bond or cash bond is to be transferred to the Clerk of Court by the initial appearance.
Page 22 | Rule 13 - Criminal Actions.
Defense counsel must immediately file a notice of appearance upon assignment or reassignment.
Defense counsel shall immediately file a notice of appearance upon assignment or reassignment.
Page 22 | Rule 13 - Criminal Actions.
If the Defendant is incarcerated, the Information must be filed no later than five days after the Order.
If a Defendant is incarcerated, the Information shall be filed no later than five (5) days following the Order, otherwise there are calendaring issues for speedy trial.
Page 23 | Arraignment
The written status report must be filed upon the parties' execution of the agreement.
upon execution by parties, a written status report shall be filed with the Court.
Page 29 | Settlement
The notice of settlement must be filed forthwith when the case settles before the trial date.
If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.
Page 30 | Settlement Documents
Settlement documents must be prepared and filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 30 | Settlement Documents
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the Court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the Court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Page 31 | Rule 19 - Bankruptcy
Status reports for matters filed in Bankruptcy Court must be filed annually.
Status Reports for matters which have been filed in Bankruptcy Court shall be filed on an annual basis.
Page 32 | Rule 19 - Bankruptcy
An annual accounting is due one calendar year after the order is issued.
Such annual accounting is due one calendar year from the date the order is issued.
Page 34
After a court-directed document is returned undeliverable, the attorney or self-represented party must provide a written current address for service within 60 days to avoid possible dismissal without prejudice.
The Court may dismiss a matter without prejudice if a document directed to the attorney or self-represented party by the Court or the Clerk of Court has been returned as not deliverable and the Court or Clerk of Court fails to receive within sixty (60) days of this return a written communication from the attorney or self-represented party indicating a current address for service.
Page 34
Within 90 days of the notice, the personal representative must close the estate or file a status report explaining why it cannot yet be closed and estimating the time remaining to close it.
Accordingly, in keeping with the Local Court Rules the Personal Representative will have a period of ninety (90) 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. Such Status Report shall include the estimated time remaining to close the Estate.
Page 34
(5) In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.
(5) In all uncontested matters, the findings of fact, conclusions of law, and proposed order should be filed with the Clerk of Court no later than forty-eight (48) hours before the Court is to hear the matter, unless not reasonable to do so.
Page 3 | Rule 1 - Law and Motion
Parties must follow discovery deadlines.
Discovery deadlines are to be followed.
Page 5 | Rule 2 - Scheduling Procedure and Case Management
Parties must comply with the specific dates in the Court's scheduling orders.
The Court's scheduling orders shall be complied with as to specific dates set forth in the scheduling orders.
Page 5 | Rule 2 - Scheduling Procedure and Case Management
If the Court requests a proposed order after a hearing, it should be submitted by e-filing or email to the Court Administrator within 14 days, unless otherwise directed.
Proposed orders following a hearing, if requested by the Court, should be submitted via e-filing or by email to the Court Administrator within fourteen days of the hearing, unless otherwise directed.
Page 12 | Rule 1 - Law and Motion
If required by the scheduling order, counsel may present and serve a trial brief at least two days before the pretrial conference.
A. If required by the scheduling order, at least two (2) days before the pretrial conference of any cause, counsel may present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the laws of the case and in support of the introduction of evidence proposed to be offered.
Page 18 | Rule 9 - Trial Briefs
A party seeking the Judge’s personal appearance must file a specific request reasonably in advance of the hearing; the Court may grant it if its calendar allows for travel time.
With the installation of video conferencing throughout the Tenth District the Judge will generally appear from Fergus County, unless a party has filed, reasonably in advance of any hearing, a specific request for personal appearance of the Judge. The Court may grant such request if the Court’s calendar can accommodate travel time.
Page 19 | Rule 11 - Telephonic or Video Testimony & Appearances
The Information or other charging documents should be submitted as soon as possible after the Order Granting Leave to Information is filed.
The Information or other charging documents shall be submitted as soon as possible following the filing of the Order Granting Leave to Information.
Page 23 | Arraignment
The deadline for omnibus disclosures will be specified in the Order Setting Trial.
A deadline for omnibus disclosures will be set in the Order Setting Trial.
Page 24 | Omnibus Hearing
If the Appellant’s brief is not timely filed, the Court may dispose of the appeal as the ends of justice dictate, including by dismissing it.
If the Appellant’s brief is not timely filed, the appeal is subject to the Court disposing of the matter as the ends of justice dictate, including issuance of an order dismissing the appeal.
Page 32 | Rule 20 - Appeals from Justice Court or City Court
Before dismissing an inactive civil action on its own motion, the Court must give 20 days’ notice; it may require a status report or other filing, and good cause may prevent dismissal.
Upon review of the record the Court may require a status report or other filings, or the action may be dismissed with or without prejudice by the Court on its own motion, after the giving of twenty (20) days notice of such intended dismissal, unless good cause shown.
Page 33
If the estate remains open 90 days after the notice and no status report gives adequate reasons, the file will be brought to the presiding judge for a show-cause hearing or other action.
If this Estate is not closed within ninety (90) days from the date of this Notice, and no Status Reports have been filed stating adequate reasons for why the Estate is not yet in a position to be closed, then this file will be brought to the attention of the presiding judge and the Court will schedule a show cause hearing or take appropriate action.
Page 34
If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.
If either party does not file an objection within the response time the Court will issue an Order waiving the annual accounting.
Page 34
Service and Proof of Service Rules
Documents offered for filing, except complaints, must include complete documentation of service; noncompliant documents may not be considered and may be rejected and returned.
Proper documentation demonstrating service has been made must accompany all documents offered for filing other than a complaint. The Court will not consider any documents requiring a certificate of service that do not have a complete certificate of service attached. The Clerk of Court may reject and return all documents that are not in compliance without further order of the Court.
Page 13 | I. Certificate of Service
If the original is not served the same day as the facsimile or electronic transmission, the transmitted document must be served as Rule 5 of the Montana Rules of Civil Procedure provides.
If the original is not served on the same day as the facsimile or electronic transmission, service of the facsimile or electronic document must be made as provided in Rule 5, M. R. Civ. P.
Page 15 | E(1)
Proposed jury instructions must be served on opposing counsel.
Proposed jury instructions shall be e-filed with the Court as a Notice of Filing and served upon opposing counsel.
Page 16 | Rule 7 - Pre-Trial and Trial, A. Jury Instructions
The prosecution must make its statutory disclosures or seek an extension as allowed by law, and the Defendant must make statutory disclosures, unless a motion seeking protection is filed.
Unless a motion is filed seeking protection, the prosecution shall make disclosure under Mont. Code Ann. § 46-15-322, or seek extension as allowed thereunder. The Defendant shall make disclosure under Mont. Code Ann. § 46-15-323, unless a motion is filed seeking protection.
Page 24 | Omnibus Hearing
The petitioning party must serve a copy of a petition to release confidential criminal justice information on the opposing party and every agency maintaining the information.
A copy of any petition for the release of confidential criminal justice information under Mont. Code Ann. § 44-5-303, shall be served by the petitioning party upon the opposing party and each agency maintaining such information.
Page 26 | Rule 14 - Confidential Criminal Justice Information
If the petitioner knows the child is receiving or applying for public assistance, the petitioner must immediately notify CSSD in writing of the pending action and file proof of notice with the Clerk of Court.
and if so, petitioner shall immediately notify CSSD in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 27 | C. Child Support Services Division Notice
Counsel may withdraw only with the client's consent or leave of Court after serving notice on the client and other parties or opposing counsel.
Counsel may not withdraw from any case, civil or criminal, except by consent of the client or by leave of the Court after Notice is served on the client and other parties/opposing counsel.
Page 30 | Rule 17 - Substitution and Withdrawal of Counsel
Trial exhibits are to be exchanged before trial.
D. Exhibits are to be appropriately marked and exchanged prior to trial, with Plaintiff/Petitioner using numbers and Defendant/Respondent using letters—unless directed otherwise by the Court.
Page 17 | C. Pre-Trial Conference
If a trial brief is required by the scheduling order, counsel may serve it on opposing counsel at least two days before the pretrial conference.
A. If required by the scheduling order, at least two (2) days before the pretrial conference of any cause, counsel may present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the laws of the case and in support of the introduction of evidence proposed to be offered.
Page 18 | Rule 9 - Trial Briefs
The State and Defendant must exchange discovery as required by law as soon as reasonably practical, and discovery should be substantially complete one week before the omnibus disclosure deadline.
The State and Defendant shall exchange discovery as required by Mont. Code Ann. §§ 46-15-322 and 323 and other applicable law. Discovery shall be accomplished as soon as reasonably practical and should be substantially completed one week prior to the omnibus disclosure deadline.
Page 24 | Omnibus Hearing
Counsel may hand-deliver disclosures if they also provide a copy to opposing counsel.
Counsel is permitted to hand deliver their disclosures so long as they also provide a copy to opposing counsel.
Page 24 | Omnibus Hearing
When incoming counsel appears, or appears in Court and gives unopposed notice on the record, the Clerk updates the case service matrix and terminates electronic service on former counsel.
When the incoming attorney makes an appearance, the case service matrix will be updated by the Clerk of Court and electronic service on the outgoing attorney will be terminated. If counsel appears in Court and notifies the Court on the record that they are now counsel of record for the party and if not objected to, the Clerk of Court will update the case service matrix and terminate electronic service on previous counsel.
Page 30 | Rule 17 - Substitution and Withdrawal of Counsel
Filing Fees and Waivers
Required filing fees and costs remain due at filing, either through the e-filing payment system or accompanying a non-electronic filing, unless prior arrangements have been made with the Clerk.
The use of facsimile or electronic equipment shall not change or delay the required payment of fees. Required filing fees and/or costs shall be paid at the time of filing via the e-filing payment system or if otherwise filed shall accompany the filing, unless prior arrangements have been made with the Clerk of Court.
Page 15 | F. Fees and Costs
Copying costs for dissemination must be paid in advance to the requested agency.
Dissemination shall be subject to copying costs paid in advance to the requested agency.
Page 26 | Rule 14 - Confidential Criminal Justice Information
Courtesy Copy Requirements
A courtesy copy of emergency filings sent by fax or email must be emailed to the Court Administrator.
A courtesy copy of such filings must be emailed to the Court Administrator.
Page 4 | Rule 1 - Law and Motion
Courtesy copies of properly e-filed proposed orders are optional, but any courtesy copies provided should be emailed to the Court Administrator.
Courtesy copies of proposed orders that have been correctly submitted via e-filing are not required but are welcome. Courtesy copies shall be emailed to the Court Administrator.
Page 14 | Rule 5 - Manner of Filing, B(1)
Sealing & Redaction Procedures
Review each exhibit and redact sensitive, confidential, or private information under Rule 5.2, or seek a court order to seal the exhibit.
The filer must review each exhibit and redact any sensitive, confidential, or private information in accordance with Rule 5.2, M. R. Civ. P., or seek an order from the Court to seal the exhibit.
Page 11 | Rule 1 - Law and Motion
Presentence Investigation Reports, Psychological Reports, and Sensitive Case Forms must be filed under seal.
The followings items must be filed under seal: (i) Presentence Investigation Reports, (ii) Psychological Reports, and (iii) Sensitive Case Forms.
Page 13 | L. Sealed Items
Sealed documents may be accessed only by the parties, counsel of record, and court staff unless the Court grants leave or the law provides otherwise.
Absent leave of the Court, documents that are sealed may only be accessed by the parties, counsel of record, and court staff, unless otherwise provided for by law.
Page 13 | L. Sealed Items
The sensitive case form must be filed under seal and may be accessed only by the Court, counsel, and the parties.
The sensitive case form will be filed under seal and only accessible by the Court, counsel, and the parties.
Page 28 | F. Sensitive Case Form
Cases are sealed once the jury is confirmed.
Cases sealed once jury confirmed
Page 34 | Rule 23 - Standing Orders
The Court may deny a request to seal sensitive settlement information when disclosure is in the public interest.
The Court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 30 | Sealing Confidential Information
For documents containing the listed personal or financial information, counsel and pro se litigants are encouraged to redact it and use a minor child’s initials and birth year unless the information is specifically necessary for the record.
Any document which includes an individual’s full date of birth, minor child’s full name, social security number, or financial information such as a full checking account number, (i) Counsel and pro se litigants are encouraged to redact such information, utilize the initials of minor child’s names, and the year of birth unless specifically necessary to be in the record.
Page 13 | L. Sealed Items
Pre-Motion Conference Requirements
The moving party must contact the other parties concerning each motion.
In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the parties object to the motion.
Page 12 | Rule 1 - Law and Motion
Unless the stated circumstances apply, and absent good cause for ex parte action, the adverse party must have an opportunity to respond or object before the Court rules; applicable rules and statutes govern the response time.
Unless the Court has been informed that the adverse party does not oppose the motion, or the adverse party opposes the relief but does intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling. Timelines established by the MUDCR, the M. R. Civ. P., and applicable specific statutes govern the time to be allowed for any response or objection.
Page 12 | Rule 1 - Law and Motion
If the contacted party has not replied, the motion is deemed opposed and will not be decided until the response period expires or opposing counsel files a notice of no objection.
Statements that the other party has been contacted but have not yet replied will automatically be deemed as an opposed motion and will not be ruled on until the response time has expired, or opposing counsel has filed a notice of no objection.
Page 12 | Rule 1 - Law and Motion
If a motion is submitted too late for a full briefing schedule, the filer must request a shortened schedule and state the adverse party's position.
If a party submits a motion at a time that does not allow a full briefing schedule, the party filing the motion shall request a shortened briefing schedule and indicate the adverse party’s position about a shortened briefing schedule.
Page 12 | Rule 1 - Law and Motion
The parties must hold an informal discovery conference before filing a motion to compel discovery.
the parties must hold an informal discovery conference prior to filing a motion to compel discovery.
Page 19
Adjournment & Extension Requirements
A continuance may be granted only by motion and only if it does not inconvenience the Court in the progress of the trial calendar.
Continuances are granted by motion only, if such continuance does not inconvenience the court in the progress of the trial calendar.
Page 3 | Rule 1 - Law and Motion
Ex parte requests to continue a Law and Motion matter set by court order must comply with MUDCR 3.
Ex parte requests to continue any matter set by Court order for Law and Motion, must comply with MUDCR 3.
Page 3 | Rule 1 - Law and Motion
A motion to reset a hearing or trial must state available dates and/or the requested length of the continuance.
All motions to reset a hearing or trial must include information regarding dates of availability and/or the length of continuance requested (i.e. 45-60 days) in order to avoid multiple continuances.
Page 4 | Rule 1 - Law and Motion
Hearings will proceed as scheduled even if motions are pending or alternative dispute resolution is underway.
All hearings will proceed as scheduled regardless of whether motions are pending or alternative dispute resolution is being pursued.
Page 4 | Rule 1 - Law and Motion
A continuance request not filed at least one day before the hearing must be made verbally at the scheduled hearing time.
Requests for continuance which are not filed at least one day prior to the hearing must be made verbally at the scheduled time for the hearing.
Page 4 | Rule 1 - Law and Motion
Requests to extend deadlines must state opposing counsel's position and propose new deadlines.
Motions to extend deadlines must include a statement regarding opposing counsel's position on the request. The request must be accompanied by a proposed order containing proposed new deadlines.
Page 5 | Rule 2 - Scheduling Procedure and Case Management
A trial-continuance request must be made by written motion stating specific reasons and whether the other parties oppose it; the Court retains discretion to grant or deny it.
Requests to continue trial must be by written motion setting forth specific reasons and a statement indicating whether the other parties oppose the continuance. The Court reserves discretion whether to grant or deny the request.
Page 6 | Rule 2 - Scheduling Procedure and Case Management
Continuances, including stipulated continuances, are not routinely granted, and parties are discouraged from seeking them absent extraordinary circumstances and good cause.
Continuances of any nature, even when stipulated to by counsel, will not routinely be granted and the parties are discouraged, absent extraordinary circumstances and good cause shown, from seeking a continuance.
Page 4 | Rule 1 - Law and Motion
The Court may continue a Law and Motion matter on its own initiative.
Matters scheduled for Law and Motion may be continued by the Court on its own initiative.
Page 3 | Rule 1 - Law and Motion
Chambers Communication Rules
If the parties settle any issues, counsel must inform the Court before presenting evidence, testimony, or argument.
If the parties settle any issues, counsel must inform the Court of the settlement prior to presenting any evidence, testimony, or argument.
Page 3 | Rule 1 - Law and Motion
Recording or photography during court sessions or recesses requires the presiding judge’s prior written permission, requested through the Clerk of Court’s Office.
Broadcasting, television, video or voice recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of Court, or recesses between sessions, shall be allowed only by prior written permission of the presiding judge. Written requests shall be made through the Clerk of Court’s Office.
Page 8 | C. Photography and Media
A party who believes a potentially violent situation might arise must notify the Court Administrator sufficiently in advance of the hearing to allow security measures to be arranged.
In any type of case where a party, whether counsel or pro se, believes that a potentially violent situation might arise, they shall notify the Court Administrator sufficiently in advance of the hearing so that appropriate security measures can be taken.
Page 8 | D. Court Security
The prohibition against ex parte contact with the Judge also applies to the Clerk of Court’s Office and the Judge’s staff.
The same prohibition against ex parte contact with the Judge, applies to the Clerk of Court’s Office and the Judge’s staff.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Communications with the Judge must go through the Court Administrator or Law Clerk; direct emails or calls are prohibited except when responding to the Judge’s direct communication.
Communication with the Judge will go through the Court Administrator or the Law Clerk (e.g. visit, email, or phone call). Direct emails or phone calls to the Judge are prohibited unless you are responding to the Judge who emailed or called you directly.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court unless all opposing parties are present or notified, or have given prior approval or stipulation.
There will be no ex parte discussion with the Court of substantive issues involving pending or anticipated cases, without the presence of, or notice to, all opposing parties, or without prior approval or stipulation of opposing parties.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
The Court will not engage in ex parte conversations or review ex parte documents; such documents will be returned to the sender and/or forwarded to counsel of record.
The Court will not engage in conversation of an ex parte nature or review any ex parte documents, such as letters, and the document will be returned to the sender and/or forwarded to all counsel of record.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Counsel must notify the Court in writing if a matter becomes contested.
Counsel is required to notify the Court in writing if a matter has become contested.
Page 2 | Rule 1 - Law and Motion
A party intending to appear by Zoom in the listed circumstances must notify the Court Administrator or other Court personnel before the hearing.
A party intending to appear by Zoom must notify the Court Administrator or other Court personnel prior to the Hearing.
Page 20 | Rule 11 - Telephonic or Video Testimony & Appearances
Parties and counsel permitted to appear by Zoom must provide court personnel a telephone number for delays or connection issues.
Any party or counsel that have been permitted to appear by Zoom either via these rules or court order must provide the Court Administrator, and/or other Court personnel with a telephone number at which they may be reached in case of delay or issues with the connection.
Page 21
Court staff may not provide legal advice.
Court staff may not offer legal advice.
Page 31 | Rule 18 - Ex Parte/Pro se Communications
Counsel may present an otherwise-uncovered emergency or a request for relief from these rules to the Court for consideration.
If counsel have an emergency which is not covered adequately by these rules, or need relief from the application of them, counsel may present such matters to the Court for its consideration.
Page 1 | Preface
Court staff may provide pro se litigants general assistance to facilitate compliance with the rules.
This does not prohibit general assistance by the Court Staff to pro se litigants to facilitate compliance with these rules.
Page 31 | Rule 18 - Ex Parte/Pro se Communications