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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Document offered for filing

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.

CRITICAL

Applies to

Petition for release of confidential criminal justice information

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

Service

Personal service to opposing party

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.

WARNING

Applies to

Trial brief

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.

WARNING

Applies to

Exhibits

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.

WARNING

Service

Electronic service

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.