Pondera County District Court, Montana Document Filing Requirements

Applies to

Stipulation

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.

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.

Applies to

Order transferring cause to district court

The transfer order to District Court must state the amount and nature of the bail furnished.

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.

Applies to

Order to show cause temporary restraining order or like order

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.

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.

When the clerk must provide copies, parties must furnish all necessary copies and pre-addressed envelopes for distribution to parties of record.

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.

Applies to

Notice of issue

Must include

certificate of service

The original Notice of Issue must include a certificate of service certifying the supplemental service at chambers.

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.

Applies to

Discovery motion

A discovery-motion filer must include a statement of compliance with the required conference rule in the motion.

Counsel for the moving party shall include in the motion a statement of compliance with this rule.

Applies to

Motion

Must include

proposed order

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

Applies to

Request for hearing

A motion requiring testimony must be scheduled as a contested matter, with the appropriate Request for Hearing pleading presented to the judge's judicial assistant.

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.

Applies to

Motion for leave to file pleading

When leave of court is required, a motion must be filed and served with the original pleading attached; if leave is granted, the pleading is removed and stamped for filing immediately, except for an Information in a criminal case.

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.

Applies to

Duplicate copy of bail transfer request

File the duplicate copy of the bail-transfer request with the Clerk of Court.

The duplicate copy of the request must be filed with the Clerk of Court.

Applies to

Court order

A written instrument may be removed only under a written court order that states the facts supporting its removal.

The instrument shall not be removed except by the order of the court in writing setting forth the facts of such removal.

Applies to

Plea agreement

Plea Agreements must be submitted as either binding or non-binding.

Plea Agreements shall be submitted for either binding or non-binding.

Applies to

Written instrument

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.

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.

Applies to

Omnibus hearing memorandum and order

The Omnibus Hearing Memorandum and Order form must be completed at the Omnibus Hearing unless the presiding judge orders otherwise.

Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.

Applies to

Acknowledgment and waiver of rights

Defense counsel must present a written Acknowledgment and Waiver of Rights to the court at or before the guilty plea.

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.

Applies to

Duplicate copy of bail transfer request

The county attorney must deliver a duplicate copy of the bail-transfer request to the justice of the peace.

(2) The county attorney must deliver to the justice of the peace a duplicate copy of such request;

Applies to

Motion to extend

A motion to extend a deadline or date must state the trial date if one has been set.

Motions to extend deadlines or dates shall include a statement of the trial date, if set.

Applies to

Written request to transfer bail

The county attorney must file a written request with the justice of the peace to transfer bail at the same time as filing 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;

Applies to

Request for oral argument

Must include

proposed order

Counsel requesting oral argument must state why it is warranted and why the briefs are inadequate, and must accompany any request with a proposed order; this requirement does not apply to motions where oral argument is mandatory unless all parties waive it.

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

Must include

certificate of service

The motion for a scheduling order or conference must include a certificate of service certifying the supplemental service at chambers.

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.