Petroleum County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Filing

The first page must identify the responsible attorney or party and provide complete mailing address, telephone number, and email address.

(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;

CRITICAL

Applies to

Brief

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.

(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:

CRITICAL

Applies to

Motion for leave to file information

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order addressing lower-court bond and conditions or recommendations for bail and release conditions pending the initial appearance.

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.

CRITICAL

Applies to

Amended pleading

When leave is granted, counsel must submit the amended document for filing because the Clerk will not file the exhibit attached to the motion.

If leave is granted counsel must submit the amended document for filing, the Clerk of Court will not file the attached exhibit.

CRITICAL

Applies to

Presentence investigation report

Unless effectively waived by the Defendant, a PSI must be completed and its original filed with the Court.

Unless effectively waived by a Defendant, a Presence Investigation Report (PSI) shall be completed and the original filed with the Court.

CRITICAL

Applies to

Notice of settlement

If a case settles before the trial date, the parties must promptly file a notice.

If a case is settled by settlement conference or other method before the trial date, the parties shall forthwith file a notice.

CRITICAL

Applies to

Motion and affidavit for leave to file information

If OPD has been appointed or defense counsel assigned in a lower-court proceeding, the County Attorney must include that information in the Motion and Affidavit for Leave to File Information.

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.

CRITICAL

Applies to

Sealed document

Anyone filing a document under seal certifies that sealing is appropriate to the best of their knowledge, information, or belief.

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.

CRITICAL

Applies to

Proposed verdict form

Proposed verdict forms must be filed with the Court in the same manner as jury instructions.

Proposed verdict forms must be filed with the Court in the same manner as jury instructions.

WARNING

Applies to

Filing

When a filing needs the Court's immediate attention, the filer should check the “emergency filing” box in e-filing.

If a filing needs to be brought to the attention of the Court right away check the “emergency filing” box in e-filing.

WARNING

Applies to

Motion

A party disputing the temporary custodial parent or interim parenting plan may file a motion that states whether a hearing is necessary.

In the event of a dispute as to the appropriate temporary custodial parent or interim parenting plan, either party may file an appropriate motion and indicate whether a hearing is necessary.

WARNING

Applies to

Presentence investigation report

When preparing a PSI, the probation officer or PSI writer must make a reasonable effort to contact victims, inform them of their sentencing-hearing rights, and seek a written statement for attachment to the PSI.

In preparing a PSI, the probation officer/PSI writer shall make reasonable effort to contact any victim(s) and inform them of a right to be present and give testimony at the sentencing hearing and seek a written statement to be attached to the PSI.

WARNING

Applies to

Proposed order for emergency filing

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.

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.

WARNING

Applies to

Acknowledgement of rights

The Defendant should use best efforts to review and file an Acknowledgement of Rights before or at the initial appearance or arraignment.

Defendant shall use his/her best efforts to review and file with the Court an Acknowledgement of Rights prior to or at the initial appearance/arraignment.

WARNING

Applies to

Status report

If the Court requires a status report, parties must file it within the allotted time frame or the Court may dismiss the matter or issue another appropriate order.

If status reports are required and the parties do not file a status report within the allotted time frame the Court may dismiss the matter or issue further appropriate orders.

WARNING

Applies to

Brief

Do not attach an entire deposition or interrogatory response set when the brief references only part of it.

Parties may not attach an entire deposition or set of responses to interrogatories when only a portion of the discovery is referenced to in a brief.

WARNING

Applies to

Exhibits

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

All exhibits the party may wish to use should be provided to the Clerk of Court and Court Administrator in advance of the hearing. Last minute faxes or emails are not acceptable.

WARNING

Applies to

Notice of noncompliance

Notices of Noncompliance with the PSI process should not be filed with the Court but directed to the County Attorney for them to review and take appropriate action.

Notices of Noncompliance with the PSI process should not be filed with the Court but directed to the County Attorney for them to review and take appropriate action.

WARNING

Applies to

Trial brief

A trial brief, if required by the scheduling order, should state the theory and issues of the case and the authorities supporting the law and proposed evidence.

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.

WARNING

Applies to

Findings of fact conclusions of law and proposed order

(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.

WARNING

Applies to

Attachment

File each attachment only once; later use must identify it by document name, filing date, and docket number.

Exhibits, appendices, and other attachments (hereinafter “attachments”) to pleadings, motions, and other papers shall be filed with the Court only once; subsequent use of such attachments shall be by reference to the document name, filing date, and docket number.

INFO

Applies to

Filed document

When documents other than original wills are faxed, emailed, or e-filed, the originals need not be sent to the Clerk of Court.

If documents (exclusive of original wills) are faxed, emailed, or e-filed the originals need not be sent to the Clerk of Court.

CRITICAL

Defendants seeking court-appointed counsel due to indigence must complete the OPD application process under its rules and procedures.

If the State Office of the Public Defender (OPD) has not been previously appointed the Court will appoint OPD if requested by Defendant at the Initial Appearance, pending qualification and acceptance. Defendants desiring Court-appointed counsel due to indigence shall complete the application process with the OPD, pursuant to its Rules and Procedures and Mont. Code Ann. § 47-1-111.