Powder River County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Trial status notice

Each party’s counsel must submit a written trial-status notice stating whether the civil or criminal jury trial will proceed as docketed.

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.

CRITICAL

Applies to

Court communication

A communication to the Court must state on its face that a copy was sent to opposing counsel and any unrepresented party.

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.

CRITICAL

Applies to

Jury instructions and verdict forms

Counsel must provide jury instructions and verdict forms to the Court and opposing counsel as directed by the Scheduling Order or Omnibus Order.

Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.

CRITICAL

Applies to

Motion seeking specific relief

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.

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.

CRITICAL

Applies to

Contested hearing

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.

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.

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Proposed jury instructions

Filed proposed jury instructions must be identified as Plaintiff’s Proposed number or Defendant’s Proposed number.

Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.

CRITICAL

Applies to

Public defender financial affidavit

A defendant seeking a public defender must complete a sworn Financial Affidavit and provide other information required by the Office of Public Defender.

A. Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings of fact and conclusions of law unless the Court waives 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.

CRITICAL

Applies to

Order to show cause or like order

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.

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.

CRITICAL

Applies to

Faxed or electronic document

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.

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.

CRITICAL

Applies to

Affidavit

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.

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:

CRITICAL

Applies to

Crime lab jvn motion

A motion for Crime Lab expert testimony via JVN must contain all information required for JVN motions under these rules.

The motion must contain all the information specified for JVN motions within these Rules.

CRITICAL

Applies to

Contested family law hearing

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.

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.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pretrial order.

Trial briefs shall be submitted as required in the pretrial order.

CRITICAL

Applies to

Order for evaluation

Counsel must present an order for the pre-placement evaluation to the Court.

It is the obligation of counsel to present to the Court an order for such evaluation.

CRITICAL

Applies to

Motion response or reply

Must include

proposed order

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.

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.

CRITICAL

Applies to

Omnibus form

Before the omnibus hearing, prosecution and defense counsel must consult and attempt to stipulate to the contents of the Court-approved omnibus form, which must be submitted for Court approval on the hearing date.

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.

CRITICAL

Applies to

Jvn appearance or testimony motion

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.

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.

CRITICAL

Applies to

Proposed decree

The proposed decree must state that the child support obligor must include an additional $2.00 in each payment when support is ordered payable directly to the Clerk of Court.

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.

CRITICAL

Applies to

Petition for consolidation

A petition for consolidation must be filed in every action proposed for consolidation.

A Petition for Consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated.

CRITICAL

Applies to

Motion for leave

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.

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.

CRITICAL

Applies to

Email contact information

Attorneys or parties who are to receive emailed Orders or Minute Entries must provide the Clerk’s office with the relevant email addresses.

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.

CRITICAL

Applies to

Crime lab jvn response or objection

A response or objection to Crime Lab testimony via JVN must state whether a genuine issue exists as to the analysis or procedure at issue.

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.

CRITICAL

Applies to

Original document

Counsel must file all original documents with the Clerk of Court.

D. Counsel shall file all original documents with the Clerk of Court.

CRITICAL

Applies to

Proposed jury instructions

Counsel must ensure proposed jury instructions correctly reflect gender, singular or plural usage, and any unique circumstances or special verdicts.

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”).

CRITICAL

Applies to

Final decree of dissolution

A completed Vital Statistics reporting form must be presented to the Clerk of Court when the Final Decree of Dissolution is filed.

A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

CRITICAL

Applies to

Pleading judgment or order for notice

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.

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.

CRITICAL

Applies to

Proposed order

Proposed orders must omit submitting counsel’s name and address from the top left-hand corner.

N. All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.

CRITICAL

Applies to

Scheduling request

The required filing is a written request for a scheduling conference or scheduling order, subject to the stated stipulation and Court-determination exception.

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.

CRITICAL

Applies to

Foreign personal representative sworn statement to close estate

After completion of a qualifying probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority allowing the requested relief and be accompanied by a proposed order.

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.

CRITICAL

Applies to

Supporting documents

A matter cannot be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk and opposing parties have been served under applicable rules.

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.

CRITICAL

Applies to

Certificate of service

The certificate of service must state how the copy was sent to the judge.

Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.

CRITICAL

Applies to

Certificate of completion

Each parent must file a certificate of completion with the Clerk of Court after completing the required parenting education program.

Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.

CRITICAL

Applies to

Subpoena

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.

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.

CRITICAL

Applies to

Motion to dismiss after deferred sentence

Must include

proposed order

Evidence that the defendant successfully completed the requirements must be submitted to the Court with a proposed order when seeking dismissal under this provision.

Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.

CRITICAL

Applies to

Affidavit

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit stating facts supporting the proposed amendment and give notice as required by statute.

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.

CRITICAL

Applies to

Pleading

A jury-trial demand incorporated in a pleading must appear in both its title and body.

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.

INFO

Applies to

Request for decision

If a matter has been under advisement for more than 30 days, an affected party may file a Request for Decision stating when the matter was taken under advisement and requesting a decision.

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.

CRITICAL

The JVN motion must identify each participant’s physical location and all necessary IP addresses.

physical location of each person who is to appear via JVN; and all necessary IP addresses.