Ravalli County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Subpoena

The Court will not issue a subpoena that fails to satisfy legal requirements or is deemed insufficient.

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

CRITICAL

Applies to

Written request to transfer bail

The Justice Court must endorse both copies of the request with information about the bail, retain one copy, file the other with the Clerk of Court, and 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.

CRITICAL

Applies to

Written request to transfer bail

When the County Attorney files the specified motion concerning a defendant whose bail was set and furnished in Justice Court, the County Attorney must contemporaneously file a written bail-transfer request there and deliver two original copies.

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.

CRITICAL

Applies to

Jury instructions

One clean set of proposed instructions that are not agreed upon is listed for submission.

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

CRITICAL

Applies to

Justice or city court transfer order

The Justice or City Court transfer order must state the amount and nature of the bail.

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

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must submit one report for filing in the youngest child’s file, with copies filed in the other consolidated cases.

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.

CRITICAL

Applies to

Randomized jury database

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

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.

CRITICAL

Applies to

Omnibus memorandum

Matters discussed or settled at the omnibus hearing must be recorded in an omnibus memorandum signed by counsel and the Court and filed.

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

CRITICAL

Applies to

Bail documents

If bail is a qualifying bail bond or other permitted type of bail, the Justice or City Judge must provide the actual bail documents to the Clerk of Court.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Stipulation

For the Court to consider an agreement or stipulation, it must be in writing and signed by the party or counsel against whom enforcement is sought, or made on the record in open court and entered on the minutes.

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.

CRITICAL

Applies to

Subpoena duces tecum

A subpoena duces tecum seeking health care information must comply with the cited provisions before issuance.

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.

CRITICAL

Applies to

Jury instructions

One clean set of joint jury instructions is listed for submission.

1. One “clean” set of joint jury instructions

CRITICAL

Applies to

Order to show cause subpoena or summons

Must include

caption, case number

For each consolidated case, one order to show cause, subpoena, or summons must be issued and filed, with all individual case numbers in its caption.

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.

CRITICAL

Applies to

Plea of guilty and waiver of rights form

Defense counsel must present a Plea of Guilty and Waiver of Rights form to the Court when a guilty plea is entered.

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

CRITICAL

Applies to

Subpoena duces tecum

In criminal cases, a subpoena duces tecum must comply with the cited statutory provisions.

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

CRITICAL

Applies to

Notice of appearance

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

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.

CRITICAL

Applies to

Civil order judgment or decree

Must include

proposed order

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.

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.

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be presented to the Court 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.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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

CRITICAL

Applies to

Filed document

All documents must be properly signed and dated.

All documents must be properly signed and dated.

CRITICAL

Applies to

Plea agreement

A plea agreement must be in writing and filed to be considered valid.

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

CRITICAL

Applies to

Acknowledgment of rights form

Defense counsel must present an Acknowledgment of Rights form to the Court at arraignment.

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

CRITICAL

Applies to

Pretrial exchange

In unresolved cases, prosecution and defense counsel will meet with the Court at a preliminary pretrial conference to address outstanding motions and exchange exhibit and witness lists, proposed jury instructions, and verdict forms.

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.

CRITICAL

Applies to

Motion for leave to amend

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.

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.

CRITICAL

Applies to

Document containing unredacted confidential information

A document containing unredacted confidential information may be filed only with prior leave of Court and the caption wording “Filed under Seal.”

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.

CRITICAL

Applies to

Subpoena duces tecum

In civil cases, a subpoena duces tecum may seek only relevant and material information and must comply with Rule 45, M.R.Civ.P.

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.

CRITICAL

Applies to

Permanency plan order

An order approving a permanency plan must identify and apply to each child in the consolidated case.

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

CRITICAL

Applies to

Settlement master report

The Settlement Master’s report must use a form provided by the Court and indicate that the conference was held and describe any issues settled.

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.

CRITICAL

Applies to

Stipulation

Must include

proposed order

A party seeking approval of a stipulation as binding must submit a proposed order to the Court.

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

CRITICAL

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.

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

CRITICAL

Applies to

Bond

A bond presented to the District Court for approval must state that it is payable to the District Court.

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

CRITICAL

Applies to

Proposed findings conclusions

Must include

certificate of service

For non-jury trials and, at the Court’s discretion, other contested matters, an original set of proposed findings and conclusions with a certificate of service must be filed at least seven calendar days before trial or hearing begins.

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.

CRITICAL

Applies to

Trust fund receipt

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

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

CRITICAL

Applies to

Real estate bail

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.

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.

CRITICAL

Applies to

Filed document

Attorneys and self-represented litigants must put their email addresses in the caption of filed documents.

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

CRITICAL

Applies to

Settlement master report

If the case did not fully settle, the Settlement Master’s report must state the anticipated trial length, counsel and key-witness unavailability, special trial-scheduling requests or needs, and whether settlement remains reasonably possible.

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.

CRITICAL

Applies to

Publication order and summons

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

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

CRITICAL

Applies to

Summary case status report

After the settlement conference, a summary case status report must be promptly filed with the Clerk of Court and state whether the case resolved.

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

CRITICAL

Applies to

Pleading

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

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

CRITICAL

Applies to

Jury list

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.

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.

CRITICAL

Applies to

Commencing action

The party commencing the action must include a notification to the Child Support Enforcement Division requesting a determination about the children’s public-assistance status.

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.

CRITICAL

Applies to

Cash bail transfer

For cash bail transferred to District Court, the Justice or City Judge must provide a check, warrant, or draft for the full bail amount bearing a notation identifying who posted it.

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

CRITICAL

Applies to

Completed form documents

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.

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.

CRITICAL

Applies to

Court approved omnibus memorandum

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.

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.

CRITICAL

Applies to

Surety deposit

A depositor who deposits negotiable U.S. bonds or notes must execute an agreement authorizing the Clerk to collect and sell them upon default.

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.

CRITICAL

Applies to

Sentencing submission

If a presentence investigation is waived, the parties must submit a stipulated criminal history and proposed or stipulated probation conditions to the Court before sentencing.

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

CRITICAL

Applies to

Written instrument

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.

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.

CRITICAL

Applies to

Subpoena duces tecum

A subpoena duces tecum seeking substance use disorder information must comply with 42 CFR § 2 before issuance.

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

CRITICAL

Applies to

Order

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.

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.