Powder River County District Court, Montana Service and Proof of Service Rules

CRITICAL

Applies to

Extension request

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.

CRITICAL

Applies to

Attorney fee affidavit

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.

CRITICAL

Applies to

Petition for adoption and order for evaluation

Service

Mail to agency

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.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Affidavit

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.

WARNING

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.

WARNING

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.

INFO

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.