Rosebud County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Jury Instructions
- 2 copies
Communication
Phone
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 Requirements11 rules
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
All exhibits are to be marked prior to trial or during recesses. Plaintiff/petitioner shall mark exhibits with a number, and the defendant/respondent shall utilize a letter.
Formatting
- •Plaintiff/petitioner exhibits must use numbers; defendant/respondent exhibits must use letters
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
K. All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
Formatting
- •All filings must be formatted as directed by UDCR 1
- •The body of the document must be left-justified
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.
D. The required format for electronically filing of scanned documents is PDF.
- File type
- Scanned document
The required format for electronically transmitted proposed orders is Microsoft Word.
- File type
- Word
- Proposed order
N. All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
Counsel must ensure a filing longer than one page does not leave a page containing only a date or a judge-signature line.
- More than 1 page
Court's wording
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.
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
The preferred format is a Microsoft Word document.
Formatting
- •Microsoft Word is the preferred format
Document Filing Requirements36 rules
Trial briefs shall be submitted as required in the pretrial order.
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
Counsel shall have stipulated in the pretrial order to those exhibits that will be admissible without objection.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order. Attorneys shall check instructions to avoid duplicates.
Counsel must ensure proposed instructions correctly reflect gender and singular or plural usage and adjust pattern instructions for 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”).
The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source. Instructions shall be printed on 8½” x 11” paper. See also UDCR 7.
The Court will consider a stipulation only if it is made on the record in open court or is in writing subscribed by the party against whom it is enforced or that party’s counsel.
Court's wording
In any case, whether civil or criminal, 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.
A JVN motion must state whether the moving party seeks to contest the proceeding, whether any party will contest it, whether an opposing party objects, whether the appearance is audio-video or telephone audio, and a telephone number for technical difficulties.
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.
The motion must contain all the information specified for JVN motions within these Rules.
Counsel shall file all original documents with the Clerk of Court.
Each parent of minor children must complete the sanctioned parenting education program before the specified final hearing, decree, or parenting plan and file a completion certificate with the Clerk.
Court's wording
All parents of minor children shall satisfactorily complete the parenting education program sanctioned by the Sixteenth Judicial District Court prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan. Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
A motion for leave must include a copy of the proposed pleading or amendments, and the original must be lodged with the Clerk for filing if leave is granted.
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.
For one subpoena, counsel must provide the Clerk one original and one copy; for multiple subpoenas, counsel must provide an original for each recipient and a praecipe listing each recipient.
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.
Faxed or electronic documents must show necessary signatures; attorney copied or electronic signatures count as originals, while the original signed document bearing a party or non-attorney signature must also be timely filed.
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 motion for specific relief must report whether opposing counsel was contacted, whether any party objects, and, if there is an objection, whether the objector 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.
Present two originals of an order to show cause or like order, plus enough copies for service or mailing to all parties; one signed original is retained 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.
A motion must cite authority permitting the requested relief and include a proposed order when filed.
- 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.
A communication to the Court must indicate on its face that a copy was sent to opposing counsel and any unrepresented party.
Court's wording
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.
A request for a motion hearing in a criminal or civil matter must appear in the motion, response, or reply, identify whether the hearing is for oral argument or evidence, and include a proposed order.
- Document
- Motion
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.
Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.
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.
When directed by the Court in the specified domestic-relations matters, the moving party must submit an affidavit answering the questions set forth in the rule.
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:
Unless appearing specifically on behalf of one of the attorneys of record, no attorney may participate in any proceedings in the case until the attorney’s name has been entered as (co-)counsel of record.
When payments are made directly to the Clerk, counsel must tell the child-support-paying client to add $2.00 per payment, and the proposed decree must state that obligation.
Court's wording
When child support or spousal maintenance is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage. 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.
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.
For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings and conclusions unless the Court waives the requirement.
Court's wording
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.
Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
Must include
- •Proposed order
Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.
After completion of a qualifying probate matter, counsel for the foreign personal representative must file a sworn statement to close the estate with the Court.
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.
The Affidavits are not to be filed with the Court unless in the event of a trial, or as directed by the Court. An Affidavit, with all attached documents, may be filed as evidence during the trial of this matter, subject to cross examination of the author.
A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
If a matter has been under advisement for more than 30 days, an affected party may file a “Request for Decision” stating when it was taken under advisement and requesting a decision.
Court's wording
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.
Counsel in adoption matters must present an order for the required pre-placement evaluation; the Court or DPHHS may consider waiver when the petitioner is a stepparent or extended-family member.
Court's wording
In all adoption matters, the pre-placement evaluation required by Section 42-3-201, M.C.A., will be ordered by the Court. It is the obligation of counsel to present to the Court an order for such evaluation. The evaluation will then be considered for waiver by the Court or the Department of Public Health and Human Services (“DPHHS”) if the petitioner is a step-parent or a member of the child’s extended family.
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 the stated rules.
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 128 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
Except for good cause, a motion to continue a civil or criminal jury trial is due on the date, at least three weeks before trial, when counsel must notify the Clerk whether 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. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.
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For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal 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.
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal 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
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
A motion for JVN appearance or testimony must be filed as early as practical and no less than one hour before the hearing, even if all parties consent.
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. (See deadline herein specific to Crime Lab testimony via the JVN system.)
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
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
Briefs must be filed by their required dates, and extension requests must be filed and served before the due date; late briefs may be struck and sanctioned.
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. Any requests for an extension of time shall be filed and served prior to the due date. The Court may strike briefs not filed in a timely manner and impose other appropriate sanctions.
Page 128 | RULE 3 - FILINGS AND PLEADINGS
A faxed or electronically transmitted filing is filed on the date and time the Clerk 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 128 | 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 128 | RULE 3 - FILINGS AND PLEADINGS
Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required 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 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
In a civil action, 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 finds 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 129 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
An approved withdrawal becomes effective 14 days after the court order.
Once withdrawal as counsel is granted, the withdrawal becomes effective fourteen (14) days following the date of the court Order.
Page 5 | RULE 14 - ATTORNEYS
Service and Proof of Service Rules
The Respondent must serve the Petitioner, within 30 days after service of the Petitioner’s affidavit, an affidavit following the stated outline and identifying objections or concerns.
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 extension request must be served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 128 | RULE 3 - FILINGS AND PLEADINGS
A matter cannot be heard on the Law and Motion calendar until relevant supporting documents have been filed and opposing parties 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.
Page 128 | 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.
B. 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.
Page 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
A party requesting that the Clerk mail notice of a pleading, judgment, or order must provide the necessary copies and properly addressed, stamped envelopes; without them, the Clerk will provide it 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.
Page 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Proof of service for all papers required or permitted to be served must be filed promptly and before the Court or parties take 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 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Providing a document to the Court without using the same quickest method to provide it to the opposing party is treated as ex parte communication.
To do otherwise is the functional equivalent of ex parte communication with the Court.
Page 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
When the Court orders a DPHHS evaluation, counsel must mail or deliver DPHHS conformed copies of the adoption petition and evaluation order.
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 court leave after notice is served on the client and the other parties or opposing counsel.
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
The itemized attorney-fee affidavit must be served.
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
After the 90-day period following expiration of the appeal time, renewed proceedings must be noticed to presumed-former counsel and the party as otherwise required by law.
From ninety (90) days after the time for appeal from any final judgment or decree in a civil matter has run, the presumption shall be that any party previously represented by counsel is no longer represented by such counsel. 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
For covered criminal evidentiary hearings and bench trials, proposed findings and conclusions must be served on opposing parties unless the Court waives the requirement.
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 an order for child support collection by the Child Support Enforcement Division is entered, counsel for the receiving party must notify that Division as provided 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
Unless the parties stipulate to the proposed parenting plan, the moving party must give notice in accordance with the cited 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.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Filing Fees and Waivers
A contested petition or motion to amend a final parenting plan carries a $120 filing fee; it is deemed contested unless both parties stipulate when it is filed.
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
Counsel must pay any required filing fee when filing unless the Clerk of Court arranges 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 128 | RULE 3 - FILINGS AND PLEADINGS
Providing copies of papers on file by fax, email, or other electronic means costs 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 128 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
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 128 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
The person filing a document must pay required fees in the manner and within the time specified by the Clerk.
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 129 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A required filing fee must accompany a judgment or decree delivered to the Clerk for filing.
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 129 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Courtesy Copy Requirements
Attorneys must provide the judicial assistant with 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.
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Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3
If counsel has not arranged for the original document to be timely brought before the presiding judge, counsel must send the judge a copy 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.
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Pre-Motion Conference Requirements
Before ruling, the Court must allow the adverse party to respond or object unless the stated non-opposition or no-written-objection circumstances apply, subject to good cause to act ex parte.
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.
Page 129 | RULE 6 - MOTIONS AND HEARINGS
Adjournment & Extension Requirements
A trial continuance requires good cause even if opposing counsel stipulates, 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.
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An extension request must be filed before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 128 | RULE 3 - FILINGS AND PLEADINGS
Chambers Communication Rules
At least three weeks before a civil or criminal jury trial, each party’s counsel must notify the Clerk in writing whether the trial will proceed as docketed, so the Clerk can plan the jury pool or other matters.
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. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot.
Page 3
A party or counsel seeking JVN equipment for a hearing or meeting unrelated to Sixteenth Judicial District Court business must reserve it through the Clerk or judicial assistant.
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.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
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
Counsel must keep the Clerk and other relevant individuals informed of site or IP address changes affecting JVN participation.
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
A party or counsel granted leave to use JVN must make all necessary arrangements with the Clerk 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
JVN hearing participants must maintain a cell phone or other means of communication so they can be reached if connection difficulties or other delays arise.
Participants in the hearing via JVN are to maintain a means of communication (cell phone) so the individual may be readily contacted in the event of unforeseen difficulty establishing the JVN connection, or other delay.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY
All matters shall 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 128 | RULE 2 - SCHEDULE FOR LAW AND MOTION
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.
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 128 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Attorneys or parties who want Orders or Minute Entries emailed must provide the relevant email addresses to the Clerk’s office.
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.
Page 129 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
A party must 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 129 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
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 129 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Anyone wishing to use specified courthouse facilities for meetings, depositions, or video-conferencing must contact the Clerk of Court to reserve them.
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
Before filming, media personnel must contact the Clerk of Court to coordinate equipment placement.
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
An attorney who electronically files any document is deemed to consent in writing to receiving documents electronically.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically.
Page 129 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
Parties should, whenever possible, avoid discussing substantive matters in email correspondence.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 129 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT