Petroleum County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Bankruptcy 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.

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.

CRITICAL

Applies to

Proposed order

The traditional signature block on a proposed order must be replaced with “ELECTRONICALLY SIGNED AND DATED BELOW.”

The traditional signature block shall be replaced with: ELECTRONICALLY SIGNED AND DATED BELOW.”

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement to the settlement judge, mediator, or master summarizing the case and describing each side's strengths and weaknesses.

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.

CRITICAL

A matter will not be scheduled for hearing until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.

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.

CRITICAL

Applies to

Bankruptcy notice

When a discharge or confirmed bankruptcy reorganization plan supersedes a claim in this Court, notice must be filed; after filing, a party may request dismissal of the claim.

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.

CRITICAL

Applies to

Omnibus memorandum and order

If the Defendant waives a Formal Omnibus Hearing, each side must complete its portion of the Omnibus Memorandum and Order and email the completed form 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.

CRITICAL

Applies to

Stipulation or agreement

Stipulations and agreements between parties or their attorneys must be made on the record and reduced to writing.

Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.

CRITICAL

Applies to

Emergency filing

For a filing sent by fax or email, identify it as an emergency on the cover sheet or in the email subject line.

If filing by fax or email, note the filing is an emergency in the cover sheet or subject line of the email.

CRITICAL

Applies to

Notice

Every parenting case must include a Petitioner’s notice stating the CSSD status and case number or the most recent CSSD order.

All parenting cases shall include a notice by the Petitioner of the status and case number for CSSD or the most recent CSSD order.

CRITICAL

Applies to

Motion to extend deadlines

Must include

proposed order

A deadline-extension request must include a proposed order with proposed new deadlines.

The request must be accompanied by a proposed order containing proposed new deadlines.

CRITICAL

Applies to

Notice of substitution

When a party changes attorneys, the outgoing attorney must file a notice of substitution signed by the incoming attorney, outgoing attorney, and client.

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.

CRITICAL

Applies to

Motion for zoom appearance

For a guilty plea or sentencing, counsel may appear by Zoom only if an appropriate motion including the client’s consent is filed.

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.

CRITICAL

Applies to

Notice of issue

The moving party must file a notice of issue after all motions are fully briefed.

The moving party is required to file a notice of issue after all motions have been fully briefed.

CRITICAL

Applies to

Sourced proposed jury instructions

Sourced proposed jury instructions must identify the requesting party, use consecutive numbering, cite their source, and include supporting legal authority when any exists.

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.

CRITICAL

Applies to

Plea agreement

Plea agreements under the cited statute must be written, signed by counsel and the Defendant, and filed with the Clerk of Court.

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.

CRITICAL

Applies to

Motion for leave to file overlength brief

Leave to file an overlength brief is disfavored and requires good cause; the motion must state the additional pages requested and explain why the excess length is necessary.

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.

CRITICAL

Applies to

Pleading

A pleading incorporating a jury-trial demand must indicate the demand in both its title and its 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

Withdrawal motion or notice

A motion or notice to withdraw must include the parties’ updated telephone number and mailing or physical address before the Court will consider it or update the case service matrix.

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

CRITICAL

Applies to

Sensitive case form

When filing a petition for dissolution, invalidity of marriage, legal separation, or parenting plan, the Petitioner or Co-Petitioners must file a sensitive case form listing the parties’ and minor children’s full names, full dates of birth, and Social Security numbers.

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.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must promptly be reduced to writing.

Any agreement reached in mediation shall be promptly reduced to writing

CRITICAL

Applies to

Omnibus memorandum

Discovery disputes do not excuse a party from completing the omnibus memorandum.

Disputes about discovery are not a basis for refusal to complete the omnibus memorandum.

CRITICAL

Applies to

Case reopening filing

A case closed for lack of prosecution may be reopened only by filing an appropriate document, and judicial action requires good cause.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Examination report

If an examination is ordered on the Defendant’s motion, defense counsel must ensure the examination report is timely filed.

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.

CRITICAL

Applies to

Factual basis for plea

Counsel proffering an Alford plea or nolo contendere plea must present a factual basis showing good reason for the Court to accept it.

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).

CRITICAL

Applies to

Joint notice

Unless the final scheduling-order deadline is a conference or trial date, the order must require a joint notice stating whether the matter is ready for trial or further scheduling.

(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.

CRITICAL

Applies to

Motion for leave to amend or supplement

A motion for leave to amend or supplement a pleading must include the proposed pleading as an exhibit.

When a party moves for leave to amend or supplement a pleading, the proposed pleading must be attached to the motion as an exhibit.

CRITICAL

Applies to

Settlement documents

Settlement documents must be prepared and filed within 30 days.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Applies to

Motion for zoom appearance

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.

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.

CRITICAL

Applies to

Status report

An estate status report must state the estimated time remaining to close the estate.

Such Status Report shall include the estimated time remaining to close the Estate.

CRITICALCivil cases

Applies to

Certificate of completion

The Certificate of Completion must be filed with the Clerk of District Court.

The Certificate of Completion must be filed with the Clerk of District Court.

CRITICAL

Applies to

Cssd order

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.

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.

CRITICAL

Applies to

Status report

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.

CRITICAL

Applies to

Proposed arrest warrant

Each proposed arrest warrant must include a proposed bond and conditions.

All proposed arrest warrants shall include proposed bond and conditions.

CRITICAL

Applies to

Trial postponement motion

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.

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.

CRITICAL

Applies to

Petition

A petition commencing child-support modification proceedings must state whether the requesting party knows that the child or children receive or have applied for public assistance.

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

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must provide written proposed findings addressing clear and convincing evidence.

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.

CRITICAL

Applies to

New district court matter

Criminal history must be filed in new district court matters under the listed standing order.

Criminal History filed in new DC matters

CRITICAL

Applies to

Proposed jury instructions

Counsel must ensure proposed jury instructions correctly reflect the parties’ names, genders, and singular or plural status.

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.

CRITICAL

Applies to

Parenting class certificate of completion

When a court-approved parenting class is ordered and completed, the 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

Filing

Must include

caption, case number

The first page must include the Court title, case title, case number, and document identification in the stated locations.

(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;

CRITICAL

Applies to

Sensitive case form

A Petitioner who lacks any required information must indicate that on the form, and the Respondent must file a sensitive case form supplying information that was incorrect or unknown to the Petitioner.

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.

CRITICAL

Applies to

Cash bail transfer

A transfer of cash bail to District Court must identify the person or party who posted it.

If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail.

CRITICAL

Applies to

Jury instructions

Sourced and clean jury instructions must be filed under their respective specified filing types and subtypes.

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”.

CRITICAL

Applies to

Proposed order

Each proposed order must be submitted as a separate “Proposed Document” and may not include a footer or signature block for the Judge’s signature.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a separate proposed order, whether the motion is contested or uncontested.

Proposed orders (uncontested or otherwise) shall accompany the motion as a separate document and must conform as set forth above.

CRITICAL

Applies to

Court order

Conservators must file an annual accounting unless the Court waives it, and orders must require the accounting.

In conservatorship matters an annual accounting is required unless waived by Court Order. All orders shall contain provisions requiring conservators to file an annual accounting.

CRITICAL

Applies to

Status report

A written status report must be filed with the Court upon execution of the mediation agreement by the parties.

upon execution by parties, a written status report shall be filed with the Court.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Each motion must include a prefatory statement certifying that the other parties were contacted and stating whether they object.

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.

CRITICAL

Applies to

Motion

If a party objects, the motion must state whether that party intends to file a written objection.

In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.