Court Rules

Ravalli County District Court, Montana

Court-Level Rules, Filing Procedures & Policies

Limits & Logistics

Document Limits

Brief
20 pgs

Courtesy Copies

Jury Instructions

  • 2 copies
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

No brief may exceed twenty pages in length, exclusive of exhibits or other attachments, without prior leave of Court.

Brief
Up to 20 pages

Excluded from page count

  • Exhibits
  • Attachments

Exception

More pages with leave of court

21st · p. 4
|SectionRULE 8 (old 11) – FILINGS, D. Length of Briefs and Colored Exhibits

Document Format Requirements12 rules

FormattingMandatory

Documents submitted by email must be emailed to courtfilings@rc.mt.gov and must be in a pdf format and submitted as an attachment to an email.

File type
PDF

Formatting

  • The document must be submitted as an attachment to an email
21st · p. 5
|SectionRULE 7 (old 11) – FILINGS
FormattingMandatory

F. Signatures. An attorney’s copied or electronically-generated signature on filed documents will be deemed original. Self-represented litigants and others must submit original documents with original signatures for filing. Signatures must comply with current e-filing standards.

21st · p. 5
|SectionRULE 7 (old 11) – FILINGS
FormattingMandatory

5. A CD containing jury instructions in Word.

FormattingMandatory

In jury trials, offers of proof must be submitted in writing or made outside the presence and hearing of the jury.

21st · p. 9
|SectionRULE 16 (old 19) – OFFERS OF PROOF
FormattingMandatory

Additionally, a copy properly labeled and formatted in Word must be submitted by email to the Court Administrator.

21st · p. 10
|SectionRULE 19 (old 20) – FINDINGS OF FACT AND CONCLUSIONS OF LAW
FormattingImportant

Citations to legal authorities should conform with ALWD Citation Manual: A Professional System of Citation, 5th ed., or with The Bluebook: A Uniform System of Citation, 20th ed.

21st · p. 4
|SectionRULE 8 (old 11) – FILINGS, E. Citations in Briefs
FormattingImportant

Any filings that do not conform to M.R.Civ.P. 10 and 11 and M.U.D.C.R. 1 may be stricken by the Court at any time on its own initiative.

21st · p. 4
|SectionRULE 8 (old 11) – FILINGS, C. Striking Nonconforming Documents
FormattingImportant

Parties should pre-label their proposed exhibits with standard exhibit labels pursuant to the trial preparation order issued by the Court. Plaintiffs and petitioners are to label their exhibits with numbers, and defendants and respondents are to label their exhibits with letters.

21st · p. 7
|SectionRULE 12 (old 16) – EXHIBITS
FormattingImportant

Parties should mount exhibits in such a fashion that they may be dismounted for folding, rolling, storage and/or shipping if necessary.

21st · p. 8
|SectionRULE 12 (old 16) – EXHIBITS
FormattingImportant

After trial, oversize exhibits should be replaced with identical letter-size copies marked as duplicate originals.

21st · p. 8
|SectionRULE 12 (old 16) – EXHIBITS
FormattingNote

Letter-size copies identical to oversize exhibits are encouraged for use of the judge and jurors.

21st · p. 8
|SectionRULE 12 (old 16) – EXHIBITS
FormattingNote

The Clerk of Court will accept and file duplicate originals of all pleadings, petitions, motions, and reports in abuse and neglect cases designated for

21st · p. 16
|SectionRULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES

Document Filing Requirements56 rules

Filing RequirementsMandatory

Except for an attorney appearing in a limited scope, all attorneys or attorney firms must enter a notice of appearance as counsel of record before participating in a case.

21st · p. 1
|SectionRULE 2 (old 15) - ATTORNEYS OF RECORD
Filing RequirementsMandatory

No matter will be set for law and motion day until a motion or other documentation and all relevant supporting documents have been filed with the

21st · p. 2
|SectionRULE 4 (old 2) – LAW AND MOTION
Filing RequirementsMandatory

Each motion must state within its body: (i) that opposing parties have been apprised of the motion, (ii) whether the motion is contested, and (iii) if applicable, that oral argument is requested.

Document
Motion
Placement
Body of the document
21st · p. 3
|SectionRULE 5 (old 4) – MOTIONS
Filing RequirementsMandatory

Any party seeking a civil order, judgment, or decree, whether contested or not, must present a separate proposed order to the Clerk of Court at the time of applying for the order, judgment, or decree.

21st · p. 3
|SectionRULE 6 (old 5) – ORDERS, JUDGMENTS, AND DECREES, A. Separate Document
Filing RequirementsMandatory

At the time of filing any motion other than a motion for summary judgment, a proposed order must be presented to the Clerk.

Document
Motion

Must include

  • Proposed order
21st · p. 3
|SectionRULE 5 (old 4) – MOTIONS
Filing RequirementsMandatory

Two copies of the listed orders must be presented to the Court; both are signed as originals, with one retained in the court file and the other used for service.

Court's wording

Two copies of any order to show cause, temporary restraining order, arrest warrant, order of apprehension, or like order must be presented to the Court. Both copies will be signed by the Court as original orders. One will be retained as part of the court file and the other used for the purpose of making service.

21st · p. 3
|SectionRULE 6 (old 5) – ORDERS, JUDGMENTS, AND DECREES, B. Duplicate Originals
Filing RequirementsMandatory

A proposed order, decree, or judgment must be provided to the Clerk when the motion is filed.

Document
Motion

Must include

  • Proposed order
21st · p. 3
|SectionRULE 4 (old 2) – LAW AND MOTION
Filing RequirementsMandatory

A motion for leave to amend must include a copy of the proposed amended pleading and a separate copy for the Clerk to file if leave is granted.

Court's wording

Any motion for leave to file an amended pleading must have a copy of the proposed amended pleading attached to the motion and a separate copy of the proposed pleading to present to the Clerk of Court for future filing if the motion is granted.

21st · p. 4
|SectionRULE 8 (old 11) – FILINGS, A. Pleadings Requiring Leave of Court
Filing RequirementsMandatory

A party demanding a jury trial must set forth the demand in the caption of the pleading.

Document
Pleading
Placement
Caption
21st · p. 4
|SectionRULE 8 (old 11) – FILINGS, B. Jury Demands
Filing RequirementsMandatory

All documents must be properly signed and dated.

21st · p. 5
|SectionRULE 7 (old 11) – FILINGS
Filing RequirementsMandatory

Any party who believes it necessary to file a document that contains unredacted confidential information must: (1) obtain prior leave of Court, and (2) include “Filed under Seal” in the document’s caption.

Document
Document containing unredacted confidential information
Placement
Caption

Must include

  • Filed under Seal
21st · p. 5
|SectionRULE 7 (old 11) – FILINGS
Filing RequirementsMandatory

G. Email Addresses. Attorneys and self-represented litigants must include their email addresses in the caption of their filed documents.

Document
Filed document
Placement
Caption
21st · p. 5
|SectionRULE 7 (old 11) – FILINGS
Filing RequirementsMandatory

A. Jury Instructions. Proposed jury instructions must be presented to the Court and served upon each adverse party in accordance with the Jury Trial Preparation Order.

21st · p. 6
|SectionRULE 10 (old 13) – JURY TRIALS, A. Jury Instructions
Filing RequirementsMandatory

Within five days after the settlement conference, the Settlement Master must complete and file his or her report on a form provided by the Court to indicate that the conference was held and describe the issues, if any, that were settled.

21st · p. 6
|SectionRULE 9 (old 12) – SETTLEMENT CONFERENCES, C. Settlement Master’s Report
Filing RequirementsMandatory

If the case did not fully settle, the report must indicate the total length of time anticipated to be necessary for trial; dates that counsel or key witnesses are unavailable for trial; any special requests or needs regarding trial scheduling; and whether a reasonable prospect for settlement remains.

21st · p. 6
|SectionRULE 9 (old 12) – SETTLEMENT CONFERENCES, C. Settlement Master’s Report
Filing RequirementsMandatory

3. One “clean” set of proposed instructions not agreed upon

Filing RequirementsMandatory

1. One “clean” set of joint jury instructions

Filing RequirementsMandatory

The Court will not issue a subpoena that fails to meet the requirements of the law or is deemed insufficient.

21st · p. 8
|SectionRULE 13 (old 34) – SUBPOENAS AND WITNESSES
Filing RequirementsMandatory

A subpoena duces tecum seeking health care information must comply with the applicable provisions of §§ 50-16-535, -536, -811, and -812, M.C.A., before being issued.

21st · p. 8
|SectionRULE 13 (old 34) – SUBPOENAS AND WITNESSES
Filing RequirementsMandatory

In criminal cases, a subpoena duces tecum must comply with Title 26, chapter 2, part1, and §§ 46-15-101 and -106, M.C.A.

21st · p. 8
|SectionRULE 13 (old 34) – SUBPOENAS AND WITNESSES
Filing RequirementsMandatory

In civil cases, a subpoena duces tecum may be issued in compliance with Rule 45, M.R.Civ.P., for only such information that is relevant and material.

21st · p. 8
|SectionRULE 13 (old 34) – SUBPOENAS AND WITNESSES
Filing RequirementsMandatory

A subpoena duces tecum seeking substance use disorder information must comply with the applicable provisions of 42 CFR § 2 before being issued.

21st · p. 8
|SectionRULE 13 (old 34) – SUBPOENAS AND WITNESSES
Filing RequirementsMandatory

In order for an agreement or stipulation between the parties or their attorneys to be considered for any purpose by the Court, the agreement or stipulation must be either submitted in writing and signed by the party or the party’s counsel against whom it is sought to be enforced or made on the record in open court and entered on the minutes.

21st · p. 9
|SectionRULE 15 (old 18) – STIPULATIONS
Filing RequirementsMandatory

A party wishing to have a stipulation approved as binding must submit a proposed order to the Court.

Document
Stipulation

Must include

  • Proposed order
21st · p. 9
|SectionRULE 15 (old 18) – STIPULATIONS
Filing RequirementsMandatory

By July 1 each year, the Clerk of Court must file an alphabetized database of potential jurors and their addresses with an attached certificate signed by the specified county officials describing the random selection method.

Court's wording

The Clerk of Court, as the County Jury Commissioner, must file by July 1 of each year an alphabetized computer database of potential jurors and their addresses along with an attached certificate signed by the Ravalli County Clerk and Recorder and the Ravalli County Commissioners that contains a description of the computerized random selection method employed to complete the list.

21st · p. 9
|SectionRULE 18 (old 37) – JURY SUMMONING PROCEDURE
Filing RequirementsMandatory

From the alphabetized list of potential jurors, the Clerk will produce a randomized database and a certificate describing the process used to do so that must be presented to the Court for approval and preserved for public inspection.

21st · p. 10
|SectionRULE 18 (old 37) – JURY SUMMONING PROCEDURE
Filing RequirementsMandatory

In all non-jury trials and in other contested matters at the discretion of the Court, an original set of proposed findings of fact and conclusions of law must be filed with the Clerk of Court along with a certificate of service in compliance with M.U.D.C.R. 8. no less than seven calendar days prior to the first day of trial or hearing.

Document
Proposed findings conclusions

Must include

  • Certificate of service
21st · p. 10
|SectionRULE 19 (old 20) – FINDINGS OF FACT AND CONCLUSIONS OF LAW
Filing RequirementsMandatory

In all dissolution and parenting cases where both parties are pro se, all completed form documents must be submitted to the Clerk of Court for appropriate review by the Court Administrator before the case will be scheduled on the Court’s calendar.

21st · p. 12
|SectionRULE 21 (old 23) – MARITAL DISSOLUTION
Filing RequirementsMandatory

All matters discussed and/or settled will be memorialized in an omnibus memorandum signed by counsel and the Court and filed.

21st · p. 13
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, B. Omnibus Hearing
Filing RequirementsMandatory

At the time a guilty plea is entered, defense counsel must present a Plea of Guilty and Waiver of Rights form to the Court.

21st · p. 13
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, A. Arraignment; Waiver of Rights
Filing RequirementsMandatory

No plea agreement will be considered valid unless it is in writing and has been filed.

21st · p. 13
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, A. Arraignment; Waiver of Rights
Filing RequirementsMandatory

At the arraignment, defense counsel must present an Acknowledgment of Rights form to the Court.

21st · p. 13
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, A. Arraignment; Waiver of Rights
Filing RequirementsMandatory

The party commencing the action must include a notification of the Child Support Enforcement Division for a determination of whether any children involved are recipients of or applicants for public assistance.

21st · p. 13
|SectionB. Child Support
Filing RequirementsMandatory

Prior to the omnibus hearing, the prosecution and defense counsel must make a reasonable effort to meet privately and stipulate to a Court-approved omnibus memorandum form to be submitted to the Court before the day of the omnibus hearing.

21st · p. 13
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, B. Omnibus Hearing
Filing RequirementsMandatory

The amount and nature of the bail must be endorsed upon the Justice or City Court order transferring the case to District Court.

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, F. Bail, 2. Transfer of Bail to District Court
Filing RequirementsMandatory

In unresolved cases, a preliminary pretrial conference will be set during which the prosecution and defense counsel will meet with the Court to resolve any outstanding motions and to exchange exhibit and witness lists, proposed jury instructions, and verdict forms.

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, D. Pretrial Conference
Filing RequirementsMandatory

Real estate bail must be accompanied by the required sworn schedule, title report, appraisal, County Attorney approval, and proof of recording filed with the Clerk of Court.

Court's wording

In order for the Clerk of Court to accept real estate bail, such bail must be accompanied by: (1) a sworn schedule in accordance with § 46-9-403, M.C.A.; (2) a current title report by a land title insurance company; (3) a fair market appraisal by a certified real estate appraiser certifying that the unencumbered equity is worth at least double the amount of the bail; (4) written approval by the County Attorney; and (5) proof that a certified copy of the sworn schedule has been recorded with the Ravalli County Clerk and Recorder, which proof must be filed with the Clerk of Court.

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, F. Bail, 1. Cash or Real Estate Bail
Filing RequirementsMandatory

Following the conference, a summary case status report must be promptly filed with the Clerk of Court indicating whether the case has resolved.

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, C. Face-to-Face Settlement Conference
Filing RequirementsMandatory

If the bail is cash bail, the Justice or City Judge must provide a check, warrant, or draft for the full amount of the bail with a notation of the party or person who posted

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, F. Bail, 2. Transfer of Bail to District Court
Filing RequirementsMandatory

If waived, prior to sentencing, the parties must submit to the Court a stipulated criminal history and proposed or stipulated conditions of probation;

21st · p. 14
|SectionRULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, E. Presentence Investigation
Filing RequirementsMandatory

The Justice Court must endorse the proper information regarding the nature of the bail upon both copies of the request, one copy of which is to be retained for the Justice Court file and the other to be filed with the Clerk of Court; and must immediately transfer the bail to the District Court as provided in (2) above.

Filing RequirementsMandatory

Whenever the County Attorney files a motion for leave to file an information in District Court against a defendant whose bail has been set and furnished in Justice Court, the County Attorney must contemporaneously file a written request with the Justice Court to transfer the bail to District Court and must deliver two original copies of the request to the Justice Court.

Filing RequirementsMandatory

If the bail is a bail bond or other type of bail permitted by § 46-9-401, M.C.A., the Justice or City Judge must provide the actual bail documents to the Clerk of Court.

Filing RequirementsMandatory

All bonds presented to the District Court for approval must recite that they are payable to the District Court.

Filing RequirementsMandatory

Upon receipt of the check, warrant, or draft, the Clerk of Court must issue a trust fund receipt to the Justice or City Judge.

Filing RequirementsMandatory

The guardian ad litem will submit one report to be filed in the youngest child’s file, and copies of the report will be filed in the rest of the consolidated cases.

21st · p. 16
|SectionRULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES
Filing RequirementsMandatory

For orders to show cause, subpoenas, and summonses, one document will be issued and filed for each consolidated case that will include in the caption all case numbers of the individual cases.

21st · p. 16
|SectionRULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES
Filing RequirementsMandatory

Orders approving permanency plans must identify and be made applicable to each child in a consolidated case.

21st · p. 16
|SectionRULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES
Filing RequirementsMandatory

If service by publication is required, one order and summons for publication will be issued for a consolidated case.

21st · p. 16
|SectionRULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES
Filing RequirementsMandatory

If negotiable bonds or notes of the United States are deposited, the depositor must also execute an agreement authorizing the Clerk of Court to collect and sell the bonds or notes in the event of a default.

21st · p. 17
|SectionRULE 27 (old 21) – SURETY
Filing RequirementsMandatory

A party seeking judgment on a written instrument must present it to the Court before judgment; after judgment, the judgment and instrument must be presented to the Clerk for filing.

Court's wording

In all cases in which a party seeks judgment upon a written instrument, the instrument must be presented to the Court before judgment will be granted. Upon entry of judgment by the Court, the judgment and the written instrument will be presented to the Clerk of Court who will note in ink across the face of the instrument that judgment has been entered and the date of the judgment; sign the entry; and file the instrument and the judgment.

21st · p. 17
|SectionRULE 26 (old 35) – JUDGMENT ON WRITTEN INSTRUMENT
Filing RequirementsImportant

The Court will routinely require the submission of a proposed case scheduling order.

21st · p. 3
|SectionRULE 7 – SCHEDULING ORDERS, A. Issuance
Filing RequirementsImportant

Objections to supplemental proposed instructions must be in writing and cite appropriate authority; they should be brief.

Court's wording

Objections to the opposing party’s supplemental proposed instructions must be submitted in writing at or before the final pretrial conference, should be brief, and must contain citations to appropriate authority.

21st · p. 6
|SectionRULE 10 (old 13) – JURY TRIALS, A. Jury Instructions
Filing RequirementsImportant

Any party relying on the minute entry bears the responsibility to see that a record of the stipulation is duly made.

21st · p. 9
|SectionRULE 15 (old 18) – STIPULATIONS
Filing RequirementsImportant

The Court will issue a written order to the Clerk of Court specifying the date(s) of trial, the summoning method to be used, and the number of potential jurors to be summoned.

21st · p. 10
|SectionRULE 18 (old 37) – JURY SUMMONING PROCEDURE
Filing RequirementsNote

The District Court may approve the bond or other bail by separate order if expressly made payable to the District Court.

Filing & Service rules

Electronic Filing Rules

For original briefs with exhibits or attachments exceeding 10 pages, or with colored maps or photos, the Clerk should be mailed the original with a cover letter identifying it as a replacement for a previous electronic filing.

Original briefs with exhibits or attachments that exceed ten pages or with colored maps/photos should be mailed to the Clerk of Court along with a cover letter indicating that it is to replace a previous electronic filing.

Page 4 | RULE 8 (old 11) – FILINGS, D. Length of Briefs and Colored Exhibits

Documents may be filed by email or fax; email filings must go to the specified address, and fax filings must go to the specified fax number.

H. Fax and Email Filings. Documents may be submitted for filing by email or facsimile. Documents submitted by email must be emailed to courtfilings@rc.mt.gov and must be in a pdf format and submitted as an attachment to an email. Documents submitted by facsimile must be faxed to (406) 375-6721.

Page 5 | RULE 7 (old 11) – FILINGS

Filing Timing and Cure Windows

The Settlement Master must complete and file the Court-provided report form within five days after the settlement conference.

Within five days after the settlement conference, the Settlement Master must complete and file his or her report on a form provided by the Court to indicate that the conference was held and describe the issues, if any, that were settled.

Page 6 | RULE 9 (old 12) – SETTLEMENT CONFERENCES, C. Settlement Master’s Report

Written objections to supplemental proposed instructions are due at or before the final pretrial conference; they should be brief and must cite appropriate authority.

Objections to the opposing party’s supplemental proposed instructions must be submitted in writing at or before the final pretrial conference, should be brief, and must contain citations to appropriate authority.

Page 6 | RULE 10 (old 13) – JURY TRIALS, A. Jury Instructions

The annual jury database and accompanying certificate must be filed by July 1.

The Clerk of Court, as the County Jury Commissioner, must file by July 1 of each year an alphabetized computer database of potential jurors and their addresses along with an attached certificate signed by the Ravalli County Clerk and Recorder and the Ravalli County Commissioners that contains a description of the computerized random selection method employed to complete the list.

Page 9 | RULE 18 (old 37) – JURY SUMMONING PROCEDURE

The original proposed findings and conclusions with a certificate of service must be filed no less than seven calendar days before the first day of trial or hearing.

In all non-jury trials and in other contested matters at the discretion of the Court, an original set of proposed findings of fact and conclusions of law must be filed with the Clerk of Court along with a certificate of service in compliance with M.U.D.C.R. 8. no less than seven calendar days prior to the first day of trial or hearing.

Page 10 | RULE 19 (old 20) – FINDINGS OF FACT AND CONCLUSIONS OF LAW

A party may object to a special master’s order in a criminal matter within 10 days after it is issued.

Under § 3-5-113(2)(d), M.C.A., within 10 days after issuance of an order by special master in a criminal matter, a party may object to the order as provided by rules of court and a district court judge shall make a de novo determination of that portion of the order to which objection is made.

Page 12 | B. Criminal matters

Presentence investigations must be completed and their reports delivered to the Court and parties by the Court-set deadline, typically six weeks and no later than one business day before sentencing.

All presentence investigations must be completed and the subsequent reports delivered to the Court and parties by the deadline set by the Court (typically six weeks, but no less than one business day before sentencing).

Page 14 | RULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, E. Presentence Investigation

When a case with furnished bail is transferred from Justice or City Court to District Court, the bail must be delivered to the Clerk of Court when the transfer papers are filed.

When a Justice Court or City Court case in which bail has been set and furnished is transferred to District Court, bail must be delivered to the Clerk of Court at the time the papers transferring the case to District Court are filed.

Page 14 | RULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, F. Bail, 2. Transfer of Bail to District Court

After the request copies are handled as specified, the Justice Court must immediately transfer the bail to the District Court.

The Justice Court must endorse the proper information regarding the nature of the bail upon both copies of the request, one copy of which is to be retained for the Justice Court file and the other to be filed with the Clerk of Court; and must immediately transfer the bail to the District Court as provided in (2) above.

Page 15

The written request to transfer bail must be filed with the Justice Court at the same time the specified motion is filed.

Whenever the County Attorney files a motion for leave to file an information in District Court against a defendant whose bail has been set and furnished in Justice Court, the County Attorney must contemporaneously file a written request with the Justice Court to transfer the bail to District Court and must deliver two original copies of the request to the Justice Court.

Page 15

A party should file a motion before calendar preparation day to ensure a hearing is set on the next law and motion calendar.

To ensure that a hearing will be set on the next law and motion calendar, a party should file a motion prior to the calendar preparation day.

Page 3 | RULE 4 (old 2) – LAW AND MOTION

A four-week deadline will typically be set for disclosing witnesses for an affirmative defense and filing initial briefs supporting disclosed motions.

Typically, a four-week deadline will be set for the disclosure of witnesses pertaining to an affirmative defense and for the filing of initial briefs in support of disclosed motions.

Page 13 | RULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, B. Omnibus Hearing

Either party may file a reminder notice of issue if more than 90 days have passed since the matter became ripe for ruling.

If more than 90 days have passed since a matter became ripe for ruling, either party may file a reminder notice of issue.

Page 3 | RULE 5 (old 4) – MOTIONS, C. Notice of Issue

Either party may file a notice of issue after briefing is complete and any requested oral argument has been heard.

When all briefs have been filed or the time for filing briefs has expired, and oral argument, if requested, has been heard, either party may file a notice of issue.

Page 3 | RULE 5 (old 4) – MOTIONS, C. Notice of Issue

Service and Proof of Service Rules

When electronic filing is adopted, attorneys must file written consent with the Clerk of Court to receive electronic service from the Clerk or other parties.

J. Consent to Service of Electronic Documents (at such time electronic filing is adopted). Attorneys must file written consent with the Clerk of Court to receive electronic service of documents from the Clerk of Court and other parties.)

Page 5 | RULE 7 (old 11) – FILINGS

I. Consent to Service of Emailed Documents. Attorneys must file written consent with the Clerk of Court to receive emailed service of documents from the Clerk of Court and other parties.

I. Consent to Service of Emailed Documents. Attorneys must file written consent with the Clerk of Court to receive emailed service of documents from the Clerk of Court and other parties.

Page 5 | RULE 7 (old 11) – FILINGS

Proposed jury instructions must be served on each adverse party in accordance with the Jury Trial Preparation Order.

A. Jury Instructions. Proposed jury instructions must be presented to the Court and served upon each adverse party in accordance with the Jury Trial Preparation Order.

Page 6 | RULE 10 (old 13) – JURY TRIALS, A. Jury Instructions

A subpoena duces tecum seeking personal or confidential information about a crime victim may be served on a third party only by Court order.

A subpoena duces tecum seeking personal or confidential information about a crime victim may be served on a third party only by Court order.

Page 8 | RULE 13 (old 34) – SUBPOENAS AND WITNESSES

The original return of service must be filed in the youngest child’s case file, with copies filed in every other child’s case file.

The original return of service will be filed in the youngest child’s file, and copies will be filed in the files of all other children.

Page 16 | RULE 24 (old 38) – CONSOLIDATION OF ABUSE AND NEGLECT CASES

Minute entries of law and motion matters will be filed and served on all parties in a timely manner.

Minute entries of all law and motion matters will be prepared, filed, and served on all parties within a timely manner.

Page 3 | RULE 4 (old 2) – LAW AND MOTION

After the procedural deadline, the Clerk will send an Additional Juror Summons and praecipe to the Sheriff for personal service on non-responding potential jurors.

After the procedural deadline has passed, the Clerk will send an Additional Juror Summons and a praecipe to the Ravalli County Sheriff for personal service upon non-responding potential jurors.

Page 10 | RULE 18 (old 37) – JURY SUMMONING PROCEDURE

The Clerk will mail jury-service summonses.

The Clerk will mail out summonses for jury service.

Page 10 | RULE 18 (old 37) – JURY SUMMONING PROCEDURE

Filing Fees and Waivers

Video conferencing must be scheduled and any applicable fee paid through the Court Administrator at least 10 days before use.

Scheduling of and any applicable fee payment for all video conferencing must occur through the Court Administrator at least 10 days before the scheduled use.

Page 19 | RULE 30 (old 39) – INTERACTIVE VIDEO CONFERENCING

Each child support or maintenance payment made to the Clerk of Court is assessed a $2.00 handling fee.

All payments of child support or maintenance made to the Clerk of Court are assessed a handling fee of $2.00 per payment that is to be directed to the Ravalli County District Court Operations Fund.

Page 13 | B. Child Support

Courtesy Copy Requirements

Two working sets of proposed instructions that are not agreed upon are listed for submission.

4. Two “working” sets of proposed instructions not agreed upon

Page 7

Two working copies of joint jury instructions are listed for submission.

2. Two “working” copies of joint jury instructions

Page 7

Sealing & Redaction Procedures

Documents containing confidential information must be redacted before filing under M.R.Civ.P. 5.2; filing unredacted information requires prior leave of Court and the caption wording “Filed under Seal.”

K. Documents Containing Confidential Information. Prior to being filed, any documents that contain confidential information must be redacted in accordance with M.R.Civ.P. 5.2. Any party who believes it necessary to file a document that contains unredacted confidential information must: (1) obtain prior leave of Court, and (2) include “Filed under Seal” in the document’s caption. “Confidential information” includes but is not limited to social security numbers, birth dates, financial account numbers, financial affidavits, medical and mental health information, and child support worksheets.

Page 5 | RULE 7 (old 11) – FILINGS

Dissemination from an active or closed DN file is subject to confidentiality laws and Court approval, and the Court may require redaction of confidential material beforehand.

Dissemination of documents or information from an active or closed DN file is subject to relevant confidentiality laws and Court approval. Prior to any dissemination, the Court may require redaction of any material relating to witnesses, health care, or other confidential information.

Page 17 | L. Dissemination of Documents

Filing Bundling Requirements

Motions and briefs may be combined in one document.

Motions and briefs may be combined in a single document.

Page 3 | RULE 5 (old 4) – MOTIONS

Pre-Motion Conference Requirements

Before presenting a subpoena duces tecum seeking records from the Ravalli County Sheriff or County Attorney for Court approval, the requester must discuss the information sought with the relevant public official or officials and note any objections for the Court.

Before a subpoena duces tecum seeking records from the Ravalli County Sheriff or Ravalli County Attorney may be presented to the Court for approval, the information sought must have been discussed with the relevant public official(s) and any objections noted for the Court.

Page 8 | RULE 13 (old 34) – SUBPOENAS AND WITNESSES

Adjournment & Extension Requirements

A continuance request not made in writing by 9 a.m. the day before law and motion must be made verbally at the scheduled hearing time.

Requests for continuances which are not made in writing by 9 a.m. the day prior to law and motion, must be made verbally at the scheduled time for the hearing.

Page 2 | RULE 4 (old 2) – LAW AND MOTION

A trial or hearing will not be continued for an absent witness or evidence when the evidence is admissible and the adverse party stipulates it may be considered as if given at trial, unless proceeding without it would cause injustice.

Upon a motion to continue trial or hearing on the ground of absence of a witness or evidence, pursuant to § 25-4-501, M.C.A., if the testimony or evidence would be admissible upon the trial or hearing and the adverse party stipulates that it may be considered as if having been given at trial or hearing, the trial or hearing will not be continued unless the Court determines trial or hearing without the witness or evidence would cause injustice.

Page 9 | RULE 17 (old 30) – CONTINUANCE OF TRIALS AND HEARINGS

A matter on the law-and-motion calendar that proves contested is subject to continuance.

Any matter set on the law and motion calendar that proves to be contested is subject to continuance.

Page 2 | RULE 4 (old 2) – LAW AND MOTION

A law-and-motion calendar falling on an official holiday is automatically continued to the next law-and-motion day unless an order sets a different date.

When law and motion day falls on an official holiday, the law and motion calendar will be continued automatically to the next law and motion day absent an order setting it for a different date.

Page 2 | RULE 4 (old 2) – LAW AND MOTION

When a party anticipates a contested law-and-motion matter requiring more than 15 minutes, the hearing will be reset after immediate notice to the Court Administrator.

If a party has reason to believe that a matter set on the law and motion calendar will be contested and will require more than 15 minutes, the party must notify the Court Administrator immediately and the hearing will be reset.

Page 2 | RULE 4 (old 2) – LAW AND MOTION

Parties are expected to avoid unnecessary delay; pending-motion hearings may be continued on an uncontested motion, on a party’s motion for good cause, or on the Court’s own initiative.

Each party is expected to diligently prosecute or defend a case so as to avoid unnecessary delay. However, hearings on pending motions may be continued upon uncontested motion, for good cause upon motion of a party, or by the Court on its own initiative.

Page 3 | RULE 5 (old 4) – MOTIONS, B. Continuances

Chambers Communication Rules

A party who anticipates that a law-and-motion matter will be contested and take more than 15 minutes must immediately notify the Court Administrator, after which the hearing will be reset.

If a party has reason to believe that a matter set on the law and motion calendar will be contested and will require more than 15 minutes, the party must notify the Court Administrator immediately and the hearing will be reset.

Page 2 | RULE 4 (old 2) – LAW AND MOTION

Ex parte discussion with the Court about substantive issues in pending or anticipated cases is prohibited unless notice is given to all opposing parties or the parties provide prior approval or stipulation, subject to statutory exceptions.

Except as provided otherwise by statute, no ex parte discussion is permitted by any means of communication with the Court on any substantive issues involved in pending or anticipated cases without notice to all opposing parties or prior approval by or stipulation of the parties.

Page 2 | RULE 3 – EX PARTE COMMUNICATIONS

A party who believes or reasonably should believe a potentially violent situation may arise must notify court staff and court security sufficiently in advance.

In any case where a party believes or reasonably should believe a potentially violent physical situation may arise, that party, through counsel or pro se, must notify court staff and court security sufficiently in advance so that appropriate security measures can be taken.

Page 18 | RULE 28 (old 29) – COURT SECURITY, C. Threat of Violence

Parties are encouraged to contact the Court Administrator to check available courtroom technology and schedule time to become familiar with it before using it at trial or a hearing.

Parties are encouraged to contact the Court Administrator to determine what technology is currently available and to schedule time to become familiar with the technology before attempting to use it at trial or a hearing.

Page 8 | RULE 12 (old 16) – EXHIBITS

Common questions about Ravalli County District Court, Montana rules

Are courtesy copies required in Ravalli County District Court, Montana?

Courtesy-copy rule applies for jury instructions. Details: 2 copies. Two working sets of proposed instructions that are not agreed upon are listed for submission.

View ruleSource: page 7

Does Ravalli County District Court, Montana require a pre-motion conference or letter before filing a motion?

Before presenting a subpoena duces tecum seeking records from the Ravalli County Sheriff or County Attorney for Court approval, the requester must discuss the information sought with the relevant public official or officials and note any objections for the Court.

View ruleSource: page 8, section RULE 13 (old 34) – SUBPOENAS AND WITNESSES

What page or word limits apply to brief in Ravalli County District Court, Montana?

Ravalli County District Court, Montana's rule states these limits: 20 pages. Excludes exhibits and attachments. Briefs may not exceed 20 pages, excluding exhibits and other attachments, unless the Court grants prior leave.

View ruleSource: page 4, section RULE 8 (old 11) – FILINGS, D. Length of Briefs and Colored Exhibits

What formatting rules apply to filings in Ravalli County District Court, Montana?

Ravalli County District Court, Montana's formatting rule includes an attorney’s copied or electronically-generated signature on filed documents will be deemed original., self-represented litigants and others must submit original documents with original signatures for filing., and signatures must comply with current e-filing standards..

View ruleSource: page 5, section RULE 7 (old 11) – FILINGS

What must be included with court approved omnibus memorandum filings in Ravalli County District Court, Montana?

Before the omnibus hearing, prosecution and defense counsel must make a reasonable effort to meet privately, stipulate to a Court-approved omnibus memorandum form, and submit it before the hearing day.

View ruleSource: page 13, section RULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, B. Omnibus Hearing

What must be included with real estate bail filings in Ravalli County District Court, Montana?

Real estate bail must be accompanied by the required sworn schedule, title report, appraisal, County Attorney approval, and proof of recording filed with the Clerk of Court.

View ruleSource: page 14, section RULE 23 (old 27) – CRIMINAL AND DELINQUENCY ACTIONS, F. Bail, 1. Cash or Real Estate Bail

How may parties contact Ravalli County District Court, Montana?

Ex parte discussion with the Court about substantive issues in pending or anticipated cases is prohibited unless notice is given to all opposing parties or the parties provide prior approval or stipulation, subject to statutory exceptions.

View ruleSource: page 2, section RULE 3 – EX PARTE COMMUNICATIONS

How does Ravalli County District Court, Montana handle sealed or redacted filings?

Documents containing confidential information must be redacted before filing under M.R.Civ.P. 5.2; filing unredacted information requires prior leave of Court and the caption wording “Filed under Seal.”

View ruleSource: page 5, section RULE 7 (old 11) – FILINGS

How do I request an adjournment or extension in Ravalli County District Court, Montana?

A continuance request not made in writing by 9 a.m. the day before law and motion must be made verbally at the scheduled hearing time.

View ruleSource: page 2, section RULE 4 (old 2) – LAW AND MOTION

Does Ravalli County District Court, Montana require motion papers to be bundled?

Bundling is optional for covered papers in Ravalli County District Court, Montana. Motions and briefs may be combined in one document.

View ruleSource: page 3, section RULE 5 (old 4) – MOTIONS

Are filing fees or waivers addressed in Ravalli County District Court, Montana?

Video conferencing must be scheduled and any applicable fee paid through the Court Administrator at least 10 days before use.

View ruleSource: page 19, section RULE 30 (old 39) – INTERACTIVE VIDEO CONFERENCING

Is electronic filing required in Ravalli County District Court, Montana?

Electronic filing is permitted for the covered filings. For original briefs with exhibits or attachments exceeding 10 pages, or with colored maps or photos, the Clerk should be mailed the original with a cover letter identifying it as a replacement for a previous electronic filing.

View ruleSource: page 4, section RULE 8 (old 11) – FILINGS, D. Length of Briefs and Colored Exhibits

What filing deadlines does Ravalli County District Court, Montana set?

The Settlement Master must complete and file the Court-provided report form within five days after the settlement conference.

View ruleSource: page 6, section RULE 9 (old 12) – SETTLEMENT CONFERENCES, C. Settlement Master’s Report

What rule applies to service by email in Ravalli County District Court, Montana?

Details: method: service by email. I. Consent to Service of Emailed Documents. Attorneys must file written consent with the Clerk of Court to receive emailed service of documents from the Clerk of Court and other parties.

View ruleSource: page 5, section RULE 7 (old 11) – FILINGS
Complete rules summary for Ravalli County District Court, Montana

Two working sets of proposed instructions that are not agreed upon are listed for submission.

Before the omnibus hearing, prosecution and defense counsel must make a reasonable effort to meet privately, stipulate to a Court-approved omnibus memorandum form, and submit it before the hearing day.

Real estate bail must be accompanied by the required sworn schedule, title report, appraisal, County Attorney approval, and proof of recording filed with the Clerk of Court.

The Clerk must produce a randomized juror database and process certificate, present them to the Court for approval, and preserve them for public inspection.

When both parties are self-represented in a dissolution or parenting case, completed form documents must be submitted to the Clerk for review before the case is scheduled.

A proposed order, decree, or judgment must be provided to the Clerk when the motion is filed.

A law-and-motion calendar falling on an official holiday is automatically continued to the next law-and-motion day unless an order sets a different date.

A matter cannot be set for law and motion until a motion or other documentation and all relevant supporting documents have been filed; the source sentence is truncated.

Attorneys and attorney firms, except those appearing in a limited scope, must enter a notice of appearance before participating in a case.

Ex parte discussion with the Court about substantive issues in pending or anticipated cases is prohibited unless notice is given to all opposing parties or the parties provide prior approval or stipulation, subject to statutory exceptions.

A continuance request not made in writing by 9 a.m. the day before law and motion must be made verbally at the scheduled hearing time.

A matter on the law-and-motion calendar that proves contested is subject to continuance.

A party who anticipates that a law-and-motion matter will be contested and take more than 15 minutes must immediately notify the Court Administrator, after which the hearing will be reset.

When a party anticipates a contested law-and-motion matter requiring more than 15 minutes, the hearing will be reset after immediate notice to the Court Administrator.

A party should file a motion before calendar preparation day to ensure a hearing is set on the next law and motion calendar.

Minute entries of law and motion matters will be filed and served on all parties in a timely manner.

Motions and briefs may be combined in one document.

Each motion must state in its body whether opposing parties were apprised, whether the motion is contested, and, if applicable, whether oral argument is requested.

A proposed order must be presented to the Clerk when filing any motion other than a motion for summary judgment.

Parties are expected to avoid unnecessary delay; pending-motion hearings may be continued on an uncontested motion, on a party’s motion for good cause, or on the Court’s own initiative.

Either party may file a notice of issue after briefing is complete and any requested oral argument has been heard.

Either party may file a reminder notice of issue if more than 90 days have passed since the matter became ripe for ruling.

A party seeking a civil order, judgment, or decree must present a separate proposed order to the Clerk when applying, whether or not the matter is contested.

Two copies of the listed orders must be presented to the Court; both are signed as originals, with one retained in the court file and the other used for service.

The Court will routinely require submission of a proposed case scheduling order, subject to the listed exemptions from routine scheduling.

A motion for leave to amend must include a copy of the proposed amended pleading and a separate copy for the Clerk to file if leave is granted.

A party demanding a jury trial must state the demand in the pleading’s caption.

The Court may strike, on its own initiative and at any time, filings that do not conform to M.R.Civ.P. 10 and 11 and M.U.D.C.R. 1.

Briefs may not exceed 20 pages, excluding exhibits and other attachments, unless the Court grants prior leave.

For original briefs with exhibits or attachments exceeding 10 pages, or with colored maps or photos, the Clerk should be mailed the original with a cover letter identifying it as a replacement for a previous electronic filing.

More Judges in Ravalli County District Court, Montana

Howard F. Recht
Judge
Jennifer Lint
Judge