Powder River County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Proposed Jury Instructions
- 2 copies
Page & Word Limits1 rule
J. Individual briefs shall not exceed twenty-five (25) pages in length, exclusive of indexes and appendices, except with leave of the Court.
- Brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements10 rules
D. The required format for electronically filing of scanned documents is PDF.
- File type
- Scanned document
M. In order to facilitate scanning and entry into the Full Court case management system, documents filed with the Clerk of Court shall not be stapled.
The required format for electronically transmitted proposed orders is Microsoft Word.
- Proposed order
Formatting
- •The required format is Microsoft Word
K. All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
L. Counsel shall take care that any filing of more than one page in length does not leave one page with a “dangling signature line,” i.e., a page with only the date and/or a line for the judge’s signature.
- More than 1 page
Plaintiff/petitioner shall mark exhibits with a number, and the defendant/ respondent shall utilize a letter.
The preferred format is a Microsoft Word document.
Formatting
- •Microsoft Word is the preferred format
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
Document Filing Requirements41 rules
Faxed or electronic documents must show necessary signatures; attorney copied or electronic signatures count as originals, while the sender of a party or non-attorney signature must arrange timely filing of the signed original.
Court's wording
C. A faxed or electronic document must show necessary signatures or the document will not be filed. An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents. It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.
A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.
A motion for leave to file a pleading must include a copy of the proposed pleading, and the original must be lodged with the Clerk; if leave is granted, the Clerk files the original.
Court's wording
C. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court. If leave to file is granted, the Clerk shall file the original forthwith.
N. All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
C. No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
For one subpoena, counsel must provide one original and one copy; for multiple subpoenas, counsel must provide an original for each recipient and a praecipe listing the recipients.
Court's wording
H. When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance. When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.
E. When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.
A communication to the Court must state on its face that a copy was sent to opposing counsel and any unrepresented party.
Court's wording
B. The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.
The motion must state whether any party objects to the requested relief and, if there is an objection, whether the objecting party will file a written objection.
Court's wording
C. For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
For the specified contested Youth in Need of Care hearings, counsel and parties must meet near the courtroom in advance, counsel must coordinate the meeting, and counsel must confirm compliance on the record before the hearing proceeds.
Court's wording
G. In Youth in Need of Care proceedings, if a contested show cause hearing is requested pursuant to Section 41-3-427, M.C.A., or if the hearing is otherwise disputed, counsel and the parties must be in or near the courtroom sufficiently in advance of the scheduled hearing time to allow meaningful discussion of the issues of dispute with all parties present, prior to the hearing. Counsel shall coordinate this pre-hearing meeting. Counsel shall confirm compliance with this requirement on the record before proceeding with the contested hearing.
Present two originals of an order to show cause or like order, plus enough copies for service or mailing to all parties; one original is retained for the file and the other used for service.
Court's wording
D. Two originals of any order to show cause, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the judge for signature. If the judge signs the order, the judge will sign both as original orders. One original shall be retained as part of the file and the other shall be used for service.
For contested family-law hearings, counsel and parties must meet near the courtroom in advance, counsel must coordinate the meeting, and counsel must confirm compliance on the record before the hearing proceeds.
Court's wording
H. For hearings related to family law Show Cause orders and other contested family law proceedings, counsel and the parties must be in or near the courtroom sufficiently in advance of the scheduled hearing time to allow meaningful discussion of the issues of dispute with all parties present, prior to the hearing. Counsel shall coordinate this pre-hearing meeting. Counsel shall confirm compliance with this requirement on the record before proceeding with the contested hearing.
A hearing request in a criminal or civil matter must appear in the motion, response, or reply, specify whether the hearing is for oral argument or evidence, and include a proposed order.
- Document
- Motion response or reply
Must include
- •Proposed order
Court's wording
D. Even when a hearing on motions has been tentatively docketed at an Omnibus Hearing or scheduling conference, when hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply. The request shall specify the purpose of the hearing (oral argument or evidence hearing). Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.
Attorneys or parties must provide the Clerk of Court’s office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.
A party requesting that the Clerk mail notice must provide the necessary copies and addressed, stamped envelopes; without them, the Clerk will provide the document only by email.
Court's wording
C. Whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court by the party requesting such judgment or order to be provided by US Mail, together with properly addressed and stamped envelopes. Without proper envelopes and postage, the document will be provided by the Clerk of Court via email, only.
The required filing is a written request for a scheduling conference or scheduling order, subject to the stated stipulation and Court-determination exception.
Court's wording
A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
A motion must cite authority allowing the requested relief and be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
A. The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
Trial briefs shall be submitted as required in the pretrial order.
Counsel must ensure proposed jury instructions correctly reflect gender, singular or plural usage, and any unique circumstances or special verdicts.
Court's wording
Counsel shall ensure that the proposed instructions are correct with respect to gender and as to whether parties are singular or plural, the charged offense is singular or plural, and adjust the pattern jury instructions for unique circumstances or special verdicts (such as “not guilty by reason of mental disease or defect”).
A stipulation will be considered only if made on the record in open court or in a writing signed by the party against whom it is enforced or that party’s counsel.
Court's wording
The Court will not consider for any purpose any stipulation between the parties unless the stipulation is either made in open court on the record, or made into a writing which is subscribed by either the party against whom the stipulation is sought to be enforced, or by such party’s counsel.
The motion must contain all the information specified for JVN motions within these Rules.
A motion for JVN appearance or testimony must state the contest and objection positions, requested connection type, and a telephone number for technical difficulties, in addition to Local Rule 6 information.
Court's wording
Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
When directed by the Court in the specified domestic-relations matters, the moving party must submit an affidavit in the prescribed form with answers to the listed questions.
Court's wording
As directed by the Court, for temporary maintenance or child support, or other matters pendent lite, modification proceedings, or trial on contested domestic relations matters, the moving party shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto:
It is the obligation of counsel to present to the Court an order for such evaluation.
D. Counsel shall file all original documents with the Clerk of Court.
Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.
A. Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
The proposed decree shall include in the final order the child support obligor’s obligation to include the additional $2.00 in each child support payment.
A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
After completion of a qualifying probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.
Court's wording
Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, et seq., M.C.A., counsel for the foreign personal representative must file with the Court a Foreign Personal Representative’s Sworn Statement to Close Estate.
Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
Must include
- •Proposed order
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
- Document
- Affidavit
Must include
- •Facts supporting the proposed amendment
D. In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.
physical location of each person who is to appear via JVN; and all necessary IP addresses.
Filing & Service rules
Electronic Filing Rules
A document that may be filed by mail may instead be filed by fax or electronic transmission, subject to this Rule and the Montana Rules of Civil Procedure.
A. The filing of any document that may be done by mail may be done by fax or electronic transmission, subject to the provisions of this Rule and the Montana Rules of Civil Procedure.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
Briefs with a date-certain filing requirement must be filed by that date.
I. All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A fax or electronic transmission is filed on the date and at the time the Clerk of Court receives it.
B. The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A party who obtains an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.
G. When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required filing fee.
E. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Plaintiff’s or petitioner’s counsel must file a written request for a scheduling conference or order within 120 days after the complaint, unless all parties stipulate otherwise and the Court deems an order unnecessary.
A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Except for good cause, any motion for continuance is due on this date.
Except for good cause, any motion for continuance is due on this date.
Page 3
The written trial-status notice is due at least three weeks before the start of a civil or criminal jury trial.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Page 3
Exhibits must be marked before trial or during recesses.
All exhibits are to be marked prior to trial or during recesses.
Page 3
A response or objection to Crime Lab testimony via JVN must be filed within 10 business days after the motion and state whether a genuine issue exists concerning the analysis or procedure.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Except for good cause, a motion seeking leave for Crime Lab expert testimony by JVN must be filed no later than 30 days before the first day of trial.
Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
The opposing party must file any objection within 14 days, with 3 additional days allowed for mailing.
Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.
Page 5 | RULE 15 - ATTORNEY’S FEES
Service and Proof of Service Rules
An extension request must be served before the applicable due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Opposing parties must be served with the relevant supporting documents before a matter is heard on the Law and Motion calendar.
C. No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
After the initial filing, a party must provide the opposing party with a document using the same, quickest method used to file or provide it to the Court.
A. Following the initial filing for any matter, when a party files a document with the Clerk of Court or provides a document to the judge, whether via fax or email or US Mail, the party shall use the same (quickest) method to provide the document to the opposing party. To do otherwise is the functional equivalent of ex parte communication with the Court.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Proof of service for papers required or permitted to be served must be filed promptly and before the Court or a party takes action on them.
B. Proof of service of all papers required or permitted to be served shall be filed with the Clerk of Court promptly and in any event before any action is to be taken thereon by the Court or the parties.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
A party seeking attorney’s fees must file and serve an itemized affidavit at the final decision on the merits or another appropriate time.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.
Page 5 | RULE 15 - ATTORNEY’S FEES
When the Court signs an order for a DPHHS evaluation, counsel must mail or deliver conformed copies of the adoption petition and evaluation order to DPHHS.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.
Page 5 | RULE 17 - ADOPTION MATTERS
Counsel may withdraw only with the client’s consent or leave of Court after serving notice on the client and the other parties or opposing counsel.
B. 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.
Page 5 | RULE 14 - ATTORNEYS
After the 90-day period, renewed-proceeding notice must be provided to presumed-former counsel and notice or service must also be made directly to the party as otherwise required by law.
After the ninety (90) day period, notice of renewed proceedings shall be provided to presumed-former counsel, as well as notice or service directly to the party as otherwise required by law.
Page 5 | RULE 14 - ATTORNEYS
When the proposed findings and conclusions are required, parties must serve them on opposing parties; the Court may waive the requirement.
B. For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Page 6 | RULE 19 - CRIMINAL ACTIONS
After entry of an order for child support collected by the Child Support Enforcement Division, counsel for the receiving party must notify that Division as required by Montana law.
After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
The Respondent must serve the Petitioner with an affidavit in the stated outline format, including any objections or concerns, within 30 days after service of the Petitioner’s affidavit.
No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
An attorney who files any document electronically in the District is deemed to consent in writing to electronic receipt of documents.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
An attorney who files any document electronically in the District is deemed to consent in writing to electronic receipt of documents.
F. An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
The Clerk of Court may email copies of Court Orders and Minute Entries instead of distributing hard copies.
In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
Filing Fees and Waivers
Filing a pleading by fax or email costs 50 cents per page in criminal and civil proceedings.
E. As dictated by statute, the fee for filing a pleading by fax or email in all criminal and civil proceedings shall be 50 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Copies of papers on file provided by fax, email, or other electronic means cost 25 cents per page in criminal and civil proceedings.
The fee for providing copies of papers on file in the Clerk’s office by fax, e-mail or other electronic means in all criminal and civil proceedings shall be 25 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel must pay any required filing fee when filing unless the Clerk of Court has arranged otherwise.
B. If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged with the Clerk of Court.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
The person filing a document must pay required fees in the manner and by the time set by the Clerk of Court.
F. It shall be the obligation of the person filing the document to pay any required fees in the manner and within the time required by the Clerk of Court.
Page 2 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel filing a judgment or decree must include the required filing fee.
E. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
A contested motion to amend a final parenting plan or custody decree requires a $120 filing fee; the motion is deemed contested unless both parties stipulate to it when filed.
F. Section 25-1-201, M.C.A., provides for a $120 filing fee to file a contested petition (motion) for amendment of a final parenting plan. Pursuant to Section 40-4-219(7), M.C.A., a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a “final parenting plan” in determining whether a new filing fee is due. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is filed with the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Charges may be assessed for use of JVN for non-court business.
Charges for the use of JVN may be assessed.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Courtesy Copy Requirements
Attorneys must provide the judicial assistant two hard copies of proposed instructions, one with citations and one without.
Attorneys must also provide the judicial assistant with two hard copies of the proposed instructions: one including the citations and one without citations.
Page 3 | C. Jury Instructions and Jury Issues
If counsel has not arranged for the original document to be timely brought before the judge, counsel must send one copy to the judge’s resident office by mail or email.
When counsel has not arranged for the original document to be timely brought before the presiding judge, counsel shall mail or email a copy to the presiding judge at the judge’s resident office.
Page 5
Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3
Pre-Motion Conference Requirements
Unless the Court is informed that the adverse party does not oppose or will not file a written objection, the adverse party must have an opportunity to respond before a ruling, absent good cause for ex parte action; applicable rules and statutes set the response time.
Unless the Court has been informed the adverse party does not oppose the motion, or the adverse party opposes the relief but does not intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling. Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
A motion seeking specific relief must confirm opposing counsel was contacted and state whether any party objects and, if so, whether the objecting party intends to file a written objection.
C. For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Adjournment & Extension Requirements
An extension request must be filed and served before the applicable due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A trial continuance requires good cause even if opposing counsel agrees, and the motion must comply with Local Rule 6.
Continuances of trial, even when stipulated-to by opposing counsel, will not be granted without good cause. All such motions to continue trial must be submitted in accordance with Local Rule 6.
Page 3
Except for good cause, any motion for continuance is due on this date.
Except for good cause, any motion for continuance is due on this date.
Page 3
Chambers Communication Rules
Counsel must arrange additional time with the judicial assistant for matters expected to be contested or to take more than 15 minutes.
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
All matters must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
All matters shall be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Court scheduling must be coordinated with the judicial assistant or other personnel designated by the judge.
E. All the Court’s scheduling shall be coordinated with the judicial assistant or other personnel the judge may designate.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel must conference with the Judge before trial unless the Judge waives the conference.
1. Counsel shall have a conference with the Judge prior to trial, unless waived by the Judge.
Page 2 | RULE 9 - TRIALS AND HEARINGS
A party may not discuss a substantive issue in a pending or anticipated case ex parte with the Court without notice and approval of all opposing counsel, unless the law expressly allows it.
C. No party shall discuss ex parte with the Court any substantive issue related to a pending or anticipated case without notice and approval of all opposing counsel, or as otherwise expressly allowed by law.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
At least three weeks before a civil or criminal jury trial, each party’s counsel must notify the Clerk of Court in writing whether the trial will proceed as scheduled.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Page 3
Media personnel must contact the Clerk of Court before filming to coordinate equipment placement and avoid disrupting proceedings.
Prior to filming, media personnel shall contact the Clerk of Court to coordinate the placement of equipment in order to avoid disrupting the proceedings.
Page 5 | RULE 16 - PHOTOGRAPHY, TELEVISION AND MEDIA
Anyone wishing to use a courtroom, jury room, or law library for a meeting, deposition, or videoconference must contact the Clerk of Court to reserve the facility.
Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.
Page 5 | RULE 12
Whenever possible, parties should avoid discussing substantive matters by email.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel unfamiliar with the electronic evidence presentation system must advise the Clerk well in advance and arrange training at a time convenient to the Clerk.
At a time well-in-advance of the scheduled trial or hearing date, counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court in order to receive the necessary training for use of the electronic evidence presentation system.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, A. Electronic Evidence Presentation System
For JVN use for non-court business, the requesting party or counsel must reserve through the Clerk or judicial assistant and report to the Clerk upon arrival.
Any party/counsel requesting use of the JVN equipment for hearings or meetings other than Sixteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court or judicial assistant, and shall be responsible for operation and movement of the camera. The party/counsel shall report to the Clerk of Court upon arriving for the JVN session and will be directed to the appropriate location for use of the equipment.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Counsel must inform the Clerk of Court and other relevant individuals of changes to a JVN participant’s site or IP address.
Counsel is responsible for keeping the Clerk of Court and other individuals informed of site or IP address changes effecting JVN participation.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
A party or counsel granted leave to use JVN must make the necessary arrangements with the Clerk of Court or judicial assistant.
Any party/counsel granted leave to use JVN shall make all necessary arrangements for such use with the Clerk of Court or judicial assistant.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
If time permits, uncalendared matters may be heard after calendared matters; uncontested or emergency matters may be presented at other times when the Court is available.
If time permits, un-calendared matters may be presented and heard after all calendared matters have been heard. Uncontested or emergency matters may be presented to the Court at such other times as the Court is available to hear the matter.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION