Phillips County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Notice of bankruptcy discharge or confirmation

Notice of a bankruptcy discharge or confirmation of a reorganization plan superseding a claim in this Court 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

Motion

A request for a court order must be made by motion stating the grounds and requested relief with particularity.

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.

CRITICAL

Applies to

Request for court action

Parties seeking court action must file a motion rather than seek action through correspondence.

Motions, not correspondence, are required under Rule 15, LDCR should parties seek court action.

CRITICAL

Applies to

Scheduling order

If the phone conference produces an agreed scheduling order, the parties must complete and present a written order in the approved format for Court approval.

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.

CRITICAL

Applies to

Telefaxed document

The party telefaxing a document must mail its original to the Clerk of Court by first-class mail on the transmission date.

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.

CRITICAL

Applies to

Request for leave to file information

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations for the initial appearance.

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.

CRITICAL

Applies to

Opening statement

Exhibits may not be used in an opening statement without prior Court approval.

No exhibits shall be used in opening statement without prior Court approval.

CRITICAL

Applies to

Plea agreement

A plea agreement under § 46-12-211, MCA must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.

CRITICAL

Applies to

Bond

A bond must be posted in conservatorship actions unless good cause is shown; good cause exists when the conservatorship estate is invested in a locally held, FDIC-insured certificate of deposit.

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.

CRITICAL

Applies to

Oral argument request

In civil cases, a request for oral argument on a motion other than summary judgment must state specific reasons.

In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.

CRITICAL

Applies to

Order application

Must include

proposed order

A party applying for an order must present a separate proposed order before the hearing or court action.

Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court.

CRITICAL

Applies to

Omnibus hearing memorandum and order

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.

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.

CRITICAL

Applies to

Discovery extension request

Must include

proposed order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” with proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

CRITICAL

Applies to

Certificate of deposit

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.

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.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service for a telefaxed filing must state that the fax was sent to the Clerk of Court and give the transmission date.

The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.

CRITICAL

Applies to

Financial disclosure application

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.

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.

CRITICAL

Applies to

Court order

Every order must state that the conservator may not borrow from the estate without prior court approval.

All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.

CRITICAL

Applies to

Proposed order

When applicable, a proposed order’s title must refer to the underlying motion.

Where applicable, the title to the proposed order shall make reference to the underlying motion.

CRITICAL

Applies to

Proposed scheduling order

Must include

proposed order

Plaintiffs must submit a proposed order setting a scheduling conference by the earlier of the stated responsive-pleadings and complaint-filing deadlines.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must furnish written proposed findings addressing the clear-and-convincing-evidence basis for the variance.

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

Motion and brief

Motions and briefs must identify the submitting party and briefly describe the subject in the document title.

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.

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement summarizing its case and describing the strengths and weaknesses on each side.

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.

CRITICAL

Applies to

Alford plea

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

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.

CRITICAL

Applies to

Examination report

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 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.

CRITICAL

Applies to

Petition

A child-support modification petition must state whether the requesting party knows the child is receiving or applying for public assistance; if so, the petitioner must immediately notify the 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.

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

Acknowledgment of rights form

Before arraignment, defense counsel must review the Acknowledgment of Rights form with the defendant, seek the defendant’s signature, and present the form to the Court at arraignment.

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.

WARNING

Applies to

Annual accounting

An accounting may be submitted informally by letter with a list of account locations, proof of beginning balance, and an itemization of income and expenses; the source text is truncated after “proof.”

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

WARNING

Applies to

Omnibus hearing memorandum

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.

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.

WARNING

Applies to

Order

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

WARNING

Applies to

Presentence investigation report

When preparing a PSI, the probation officer must make reasonable efforts to contact victims, inform them of their sentencing-hearing rights, and seek a written statement to attach to the PSI.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Treatment plan

A treatment plan under § 4-3-603(3), MCA must contain the specified warning about circumstances in which parental rights may be terminated.

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.”

WARNING

Applies to

Reminder letter

A reminder letter must contain only a brief description of the matter needing attention 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.