Phillips County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Standard Size Exhibits
- In Advance
Adjournments
- The Court may continue a law and motion matter on its own initiative.
- An ex parte request to continue a law and motion matter set by court order must comply with Rule 3, UDCR.
- Discovery deadlines must be followed; an extension requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position.
- +5 more
Request must include
Communication
Phone
Document Format Requirements6 rules
Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.
The telefaxed document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
In marking trial exhibits, plaintiff shall use letters and defendants shall use numbers.
To provide impartial copies for submission to the jury, parties must be prepared to offer an unbound copy of approved jury instructions absent of citation of authority, offered party and consecutive numbering required under Rules 7(b) & (c), UDCR.
Multiple defendants should use a different initial before numbering of each exhibit.
- Trial exhibits
Formatting
- •Multiple defendants should use a different initial before numbering each defendant’s exhibits
Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial.
Document Filing Requirements34 rules
Under Rule 7, M.R.Civ.P., any request for court order shall be by motion stating with particularity the grounds therefor and the relief or order sought.
Motions, not correspondence, are required under Rule 15, LDCR should parties seek court action.
Should this phone conference result in an agreed scheduling order, parties shall complete and present a written scheduling order in approved format for Court approval.
The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail.
In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.
Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court.
- Document
- Order application
Must include
- •Proposed order
The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.
Where applicable, the title to the proposed order shall make reference to the underlying motion.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
- Document
- Proposed scheduling order
Include
- •Proposed order
For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject.
No exhibits shall be used in opening statement without prior Court approval.
The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
- Document
- Discovery extension request
Must include
- •Proposed order
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Request for leave to file information
Must include
- •Proposed order
A defendant seeking appointed counsel based on indigency must file a sworn application substantially in the Clerk’s form, ratify it under oath when required, and include the specified reimbursement notice and agreement to report substantial financial changes.
Court's wording
Defendants desiring court-appointed counsel due to indigency shall file a sworn Financial Disclosure Application substantially in form available through the Clerk of Court. Whenever possible, copies of this application shall be made available to defendants prior to initial appearance. Under § 46-8-111, MCA, the applicant shall ratify the application, under oath, at the initial appearance or any other appearance when required by the Court. This application shall inform those claiming indigency that reimbursement for all or portions of cost incurred by the County in providing appointed counsel may be required and shall contain applicant’s agreement to diligently inform the Court of any substantial change in the reported financial condition.
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.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.
Prior to arraignment, defense counsel shall have reviewed and sought signature of defendant upon an Acknowledgment of Rights form to be presented to the Court at time of arraignment. This form is available from the Clerk of Court.
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.
Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
Counsel must use the Court-approved Omnibus Hearing Memorandum form, be familiar with it, and complete it during the hearing for filing under § 46-13-110(4), MCA.
Court's wording
The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing will be conducted on the basis Counsel has already read and is familiar with the contents of this memorandum form. The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court. This form document as completed during the Omnibus Hearing will be the memorandum filed under § 46-13-110(4), MCA.
Counsel who intend to proffer an Alford plea under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
Should examination be ordered upon defendant’s motion, defense counsel shall be responsible to assure a report of examination under § 46-14-206, MCA is timely filed.
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.
A bond must be posted in all conservatorship actions unless good cause is shown for not requiring the same. Good cause for not requiring a bond exists if the total estate of the conservatorship in invested in a certificate of deposit in a local bank and fully insured by FDIC.
When a certificate of deposit is used in place of a bond, it must meet the stated account, interest, withdrawal, bank-consent, and delivery requirements.
Court's wording
In such event, the certificate of deposit must be in the name of the Clerk of Court as trustee for the minor or incapacitated person, interest must automatically accrue and be reinvested, the certificate cannot be cashed without prior court order, the bank must expressly consent to these limitations, and the certificate of deposit must be delivered to the Clerk of Court for safekeeping, to be delivered upon the conservatorship estate being terminated.
All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.
The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof
Counsel may stipulate to waive the Omnibus Hearing by submitting a completed and signed memorandum form, but the Court may accept or reject the waiver; if accepted, the Court signs and files the memorandum.
Court's wording
Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel may by stipulation waive the right to hold an Omnibus Hearing before the Court. At its discretion, the Court may accept the waiver and vacate the Omnibus Hearing whereby the Omnibus Hearing Memorandum completed by counsel will be signed by the Court and filed with the Clerk.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
In preparing a presentence investigation Report (PSI), the probation officer 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.
When uniform child support guidelines apply, the worksheet and financial affidavits must be completed in accepted form and filed in noncontested cases or offered into evidence in contested cases.
Court's wording
As long as application of uniform child support guidelines is required under § 40-4-204, M.C.A., a guidelines worksheet and financial affidavit(s), in accepted form, must be completed. In noncontested cases, these documents must be filed as required by § 46.30.1515 A.R.M. In contested cases, these documents must be offered into evidence as exhibits.
A treatment plan under § 4-3-603(3), MCA must contain the specified warning about circumstances in which parental rights may be terminated.
Court's wording
Any treatment plan as described in § 4-3-603(3), MCA must contain the following warning: “Under Montana law, parental rights may be terminated if the treatment plan is unsuccessful or the parents do not comply with it, and their condition or conduct renders them unfit and unlikely to change within a reasonable amount of time. Parental rights may also be terminated if the child has been in a foster home for one year and the parents do not complete the treatment plan because of substantial neglect or willful refusal. Parental rights can also be terminated if the child has been in a foster home for two years, the parents do not complete the treatment plan and there is substantial likelihood the parents will not be capable of resuming proper parenting.”
A reminder letter must contain only a brief description of the matter needing attention and the date it was made or taken under advisement.
Court's wording
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Filing & Service rules
Electronic Filing Rules
A document that may be filed by mail may instead be submitted by telefax under the stated procedure.
Any document which may be filed by mail can be submitted by telefax transmission using the following procedure.
Page 1 | RULE 16 - TELEFAX FILING
Filing Timing and Cure Windows
The filer must ensure the signed original is timely received and filed; failure may result in the telefaxed document being struck and having no effect.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.
Page 1 | RULE 16 - TELEFAX FILING
A scheduling order must be issued no more than 120 days after the complaint is filed.
Rule 16(b), M.R.Civ.P. requires a scheduling order to be issued no more than 120 days after filing of complaint.
Page 1 | RULE 19 - SCHEDULING AND PRE-TRIAL
Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
Page 1 | RULE 19 - SCHEDULING AND PRE-TRIAL
A telefaxed document is filed on the date and time the Clerk of Court receives it.
The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.
Page 1 | RULE 16 - TELEFAX FILING
Settlement documents must be prepared and filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
The petition must inform the requested agency that, within 20 days after service, it must deliver the requested information to the Court for in camera inspection or file a response.
The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Unless effectively waived by the defendant, the PSI must be completed and filed with the Court no later than ten days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 4 | RULE 25 - CRIMINAL ACTIONS
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 4 | RULE 28 - BANKRUPTCY
The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.
The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.
Page 4 | RULE 25 - CRIMINAL ACTIONS
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.
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.
Page 4 | RULE 28 - BANKRUPTCY
Service and Proof of Service Rules
If the original is not served on the day of telefax transmission, the telefaxed document must be served under Rule 5, M.R.Civ.P.
Should the original of the telefaxed document not be served on the same day as transmittal, service of the telefax document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | RULE 16 - TELEFAX FILING
If the petitioner knows that a child is receiving or applying for public assistance, the petitioner must immediately notify Montana’s Child Support Enforcement Division in writing and file proof of notice with the Clerk.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 3 | RULE 24 - MARITAL DISSOLUTION CASES
After the record is received, the Clerk must mail the parties a minute entry setting a scheduling appearance for the next law-and-motion date, which must be at least ten days after the minute entry.
When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry.
Page 4 | RULE 29 - APPEALS FROM JUSTICE OR CITY COURT
The petitioner must serve a copy of a petition for release of confidential criminal justice information on each agency maintaining the information.
A copy of any petition for the release of confidential confidential criminal justice information under §§ 44-5-111 and 44-5-303, M.C.A., shall be served by petitioning party upon each agency maintaining such information.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
The Clerk must provide appointed counsel copies of the filed Financial Disclosure Application.
Copies of filed Financial Disclosure Application shall be provided by the Clerk to appointed counsel.
Page 3 | RULE 25 - CRIMINAL ACTIONS
Filing Fees and Waivers
Filing by telefax does not change or delay required fee payment or its manner or timing.
Filing documents by telefax shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | RULE 16 - TELEFAX FILING
Courtesy Copy Requirements
Copies of all standard-size exhibits must be prepared in advance for the judge and opposing counsel.
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
Page 2 | RULE 22 - TRIAL PRACTICE
Sealing & Redaction Procedures
The Court may deny a request to seal sensitive settlement information if 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 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
Pre-Motion Conference Requirements
All filed motions must be briefed and are deemed submitted under Rule 2, UDCR.
All motions filed shall be briefed and deemed submitted pursuant to Rule 2, UDCR.
Page 1 | RULE 15 - OBTAINING COURT ORDER
Oral argument will be set on summary judgment motions unless all parties waive it.
Oral argument will be set on summary judgment motions unless waived by all parties.
Page 1 | RULE 15 - OBTAINING COURT ORDER
Adjournment & Extension Requirements
An ex parte request to continue a law and motion matter set by court order must comply with Rule 3, UDCR.
Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, UDCR.
Page 1 | RULE 18 - LAW AND MOTION
A request to continue trial must be made by written motion stating specific reasons and whether other parties oppose it.
Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance.
Page 2 | RULE 19 - SCHEDULING AND PRE-TRIAL
Discovery deadlines must be followed; an extension requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position.
Discovery deadlines are to be followed. Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request.
Page 2 | RULE 19 - SCHEDULING AND PRE-TRIAL
A motion to postpone trial because of an absent witness or evidence must include an affidavit showing it cannot otherwise be obtained and will be available if postponement is granted.
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA 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.
Page 2 | RULE 19 - SCHEDULING AND PRE-TRIAL
An order of temporary investigative authority and protective services may not extend beyond 180 days unless an extension request is granted.
An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted.
Page 4 | RULE 26 - YOUTH IN NEED OF CARE
The Court may refuse to vacate a trial setting because of a plea agreement until the defendant appears and enters a plea acceptable to the Court.
At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The defendant must comply with the disclosure deadlines under § 46-15-323, MCA, or seek an extension as allowed by that statute.
Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder.
Page 4 | RULE 25 - CRIMINAL ACTIONS
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 1 | RULE 18 - LAW AND MOTION
Chambers Communication Rules
At least 10 days before the scheduling conference, attorneys and unrepresented parties must call the Court’s Administrative Assistant at the stated number to discuss a proposed scheduling order.
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrative Assistant at (406) 654-1062 to discuss a proposed scheduling order.
Page 1 | RULE 19 - SCHEDULING AND PRE-TRIAL
Counsel or parties must notify the Clerk of Court by noon on the preceding business day to place a matter on the law and motion calendar.
Counsel or parties shall notify the Clerk of Court by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | RULE 18 - LAW AND MOTION
Unless the Judge schedules them, contested matters, factual matters, and matters requiring more than 30 minutes must be scheduled through the Court’s Administrative Assistant at the stated number.
Unless scheduled by the Judge, contested matters, matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court’s Administrative Assistant at (406) 654-1062.
Page 1 | RULE 18 - LAW AND MOTION
Substantive ex parte discussions with the Court about pending or anticipated cases are barred without opposing parties’ presence or notice, or their 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 1 | RULE 17 - COMMUNICATIONS WITH THE COURT
Letters and other communications to the Court must show on their face that copies were sent to all opposing parties or counsel.
The Court will not receive letters or other communication from parties or counsel which do not indicate on their face that copies have been sent to all opposing parties or counsel.
Page 1 | RULE 17 - COMMUNICATIONS WITH THE COURT
If the case settles before trial without documentation, the parties must promptly inform the Court in person or by conference call.
If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled.
Page 2 | RULE 21 - ALTERNATE DISPUTE RESOLUTION
A moving party may present an emergency matter to the Court at any time upon an adequate showing.
Emergency matters may be presented to the court at any time upon adequate showing by moving party.
Page 1 | RULE 18 - LAW AND MOTION
Only attorneys with an office practice in the county may remove library materials, and they must first inform the local Clerk of Court.
Only attorneys maintaining an office practice within the county where the library is located can remove books or materials from the library upon first informing the local Clerk of Court.
Page 5 | RULE 34 - LAW LIBRARY
The public may access the law library during business hours by requesting access from the Clerk of Court.
The library will be open to the general public during the business day upon request made of the Clerk of Court.
Page 5 | RULE 34 - LAW LIBRARY
Contact the local District Court for exhibits or forms referred to in these pages.
Note: contact the local District Court for any exhibits or forms referred to within these pages.
Page 5
After any allowed briefing or additional-filing period, parties may and are encouraged to send a reminder letter limited to a brief description of the matter and the date it was made or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Page 1 | RULE 17 - COMMUNICATIONS WITH THE COURT