Pondera County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Within 48 Hours of Contested Hearing or Oral Argument
Motion
- 1 copy
Adjournments
- When a selected hearing date presents a conflict, counsel or a party should consult the opposing party and advise the Court by motion of the contact efforts and the opponent's position.
- Motions to continue or extend time must be written and state opposing counsel's position; saying opposing counsel could not be contacted is insufficient, and the court will wait until the response time expires before ruling.
- Scheduling-order dates may be changed only by court order upon a showing of good cause, and motions to extend deadlines or dates must state the trial date if one is set.
Request must include
Page & Word Limits1 rule
Except with leave of court for good cause, Initial and Answer Briefs shall not exceed twenty pages. Reply Briefs shall not exceed ten pages
- Initial brief
- Up to 20 pages
- Answer brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements1 rule
Documents should be firmly bound with holes punched at the top ready for placement in the court file.
Document Filing Requirements20 rules
When the clerk must provide copies, parties must furnish all necessary copies and pre-addressed envelopes for distribution to parties of record.
Court's wording
When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Pre-addressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk.
The original Notice of Issue must include a certificate of service certifying the supplemental service at chambers.
- Document
- Notice of issue
Must include
- •Certificate of service
Court's wording
The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant.
When leave of court is required before a pleading can be filed, a proper motion must be filed and served with an original of the pleading attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not apply to filing an Information in a criminal case.
When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position. A proposed order shall accompany any request for oral argument
- Document
- Request for oral argument
Must include
- •Proposed order
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
- Document
- Motion
Must include
- •Proposed order
Plea Agreements shall be submitted for either binding or non-binding.
Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.
A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea.
Motions to extend deadlines or dates shall include a statement of the trial date, if set.
An agreement or consent is accepted only if made and recorded in open court or in writing signed by the party against whom it is urged or that party’s attorney; the party relying on a minute entry must ensure it is entered.
Court's wording
No agreement or consent between the parties, or their attorneys, shall be accepted by the court unless made in open court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney. It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.
Present two originals of any order to show cause, temporary restraining order, or like order to the judge; one is retained in the court file and the other is issued for service.
Court's wording
Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge. One shall be signed by the judge as the original order and retained as part of the court file. The other shall be issued by the clerk and shall be used for the purpose of making service.
The instrument shall not be removed except by the order of the court in writing setting forth the facts of such removal.
When judgment is entered upon a written instrument, present it to the clerk when judgment is granted; the clerk must note the judgment and date in ink, sign and seal the entry, and file the instrument.
Court's wording
In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the court. The clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date. The clerk shall sign the entry, attach the official seal, and file the instrument.
The amount and nature of the bail furnished must be endorsed upon the order whereby the justice or judge transfers the cause to the District Court.
The duplicate copy of the request must be filed with the Clerk of Court.
(2) The county attorney must deliver to the justice of the peace a duplicate copy of such request;
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
- Document
- Motion for scheduling order or conference
Must include
- •Certificate of service
Filing & Service rules
Filing Timing and Cure Windows
A written stipulation or appropriate pleading must be filed within two days after the contested matter is resolved.
A written stipulation or appropriate pleading shall subsequently be filed within two days.
Page 1 | RULE 5 - CONTESTED MATTERS
After all briefs are filed or the briefing time expires, at least one party must file a Notice of Issue stating that the matter is ready for a ruling.
When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the court indicating that the matter is ready for ruling by the court.
Page 1 | RULE 5 - CONTESTED MATTERS
A defendant's motion to dismiss without a timely supporting brief is deemed overruled, and the moving party has twenty days after clerk notice to plead further.
Motions to Dismiss by a Defendant not supported by a timely brief shall be deemed overruled and the moving party shall have twenty days after notice from the clerk to further plead.
Page 1 | RULE 5 - CONTESTED MATTERS
File the written bail-transfer request with the justice of the peace contemporaneously with the District Court motion.
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS
Deliver bail to the clerk when the papers transferring the case to District Court are filed.
At the time the papers transferring the case to the District Court are filed with the Clerk of Court, the bail must also be delivered to the clerk.
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS
Service and Proof of Service Rules
A motion seeking leave to file a pleading must be served.
When leave of court is required before a pleading can be filed, a proper motion must be filed and served
Page 1 | RULE 3 - FILING OF PLEADINGS AND OTHER PAPERS
The filing party must serve a copy of the Notice of Issue at chambers and certify that supplemental service in the original's certificate of service.
The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
Page 1 | RULE 5 - CONTESTED MATTERS
A party moving for a scheduling order or conference must serve a copy of the motion at chambers and certify that supplemental service in the motion's certificate of service.
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
Page 2 | RULE 7 - SCHEDULING ORDERS
Filing Fees and Waivers
Any statutory filing fee must accompany the document or the document will not be filed.
Any filing fee required by statute must accompany the document or it will not be filed.
Page 1 | RULE 3 - FILING OF PLEADINGS AND OTHER PAPERS
Courtesy Copy Requirements
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
Page 1 | RULE 5 - CONTESTED MATTERS
A courtesy copy of every motion must be submitted to the presiding judge with a proposed order setting the hearing.
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
Page 2 | RULE 10 - CRIMINAL ACTIONS
Pre-Motion Conference Requirements
Before filing a motion under Montana Rules of Civil Procedure 26 through 37, counsel must confer about all disputed issues; if opposing counsel willfully refuses or fails to confer after an effort to arrange it, the judge may order reasonable expenses, including attorney's fees.
The court will deny any motion pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, unless counsel shall have conferred concerning all disputed issues before the motion is filed. If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the judge may order the payment of reasonable expenses, including attorney's fees, pursuant to Montana Rules of Civil Procedure 37(a)(4).
Page 1 | RULE 5 - CONTESTED MATTERS
Every civil case must have a settlement conference supervised by a settlement master or mediator and provided for in the scheduling order.
In each civil case, there will be a settlement conference. The conference shall be a master or mediator-supervised settlement conference, which is provided for in the Scheduling Order prepared and issued in accordance with Rule 7 of these Rules.
Page 2 | RULE 8 - SETTLEMENT CONFERENCES
Adjournment & Extension Requirements
Motions to continue or extend time must be written and state opposing counsel's position; saying opposing counsel could not be contacted is insufficient, and the court will wait until the response time expires before ruling.
Motions to continue and for extensions must be in writing and shall state the position of opposing counsel to the motion. It is not sufficient that the motion state that opposing counsel could not be contacted. If a motion to continue or for extensions does not state the position of opposing counsel, the motion shall be subject to Rule 2, Uniform District Court Rules. The court will not rule on the motion until the response time has expired.
Page 1 | RULE 5 - CONTESTED MATTERS
Scheduling-order dates may be changed only by court order upon a showing of good cause, and motions to extend deadlines or dates must state the trial date if one is set.
The dates in the scheduling order shall not be changed absent court order upon a showing of good cause. Motions to extend deadlines or dates shall include a statement of the trial date, if set.
Page 2 | RULE 7 - SCHEDULING ORDERS
When a selected hearing date presents a conflict, counsel or a party should consult the opposing party and advise the Court by motion of the contact efforts and the opponent's position.
In the event that counsel or a party encounters a conflict with a date selected for a hearing, they should consult with the opposing party, advising the Court by motion setting forth the efforts made to contact their opponent and the opponent's position.
Page 1 | RULE 2 - LAW AND MOTION DAYS
Chambers Communication Rules
If a contested matter set for hearing is resolved, the judge's judicial assistant must be advised immediately.
In the event any contested matter set for hearing is resolved between the parties, the judge's judicial assistant shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case.
Page 1 | RULE 5 - CONTESTED MATTERS
Counsel and parties should confirm hearing dates with the Clerk of District Court.
Counsel and parties should confirm hearing dates with the Clerk of pages District Court.
Page 1 | RULE 2 - LAW AND MOTION DAYS
After a matter has been under advisement for more than ninety days, an affected party may send the judge a letter copied to all counsel describing the matter and stating when it was taken under advisement.
If a judge has any matter under advisement for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 1 | RULE 5 - CONTESTED MATTERS