Petroleum County District Court, Montana 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.

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.

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.

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.

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.