Rosebud County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Trial brief

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

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

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Original document

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

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

CRITICAL

Applies to

Motion for leave

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.

C. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court. If leave to file is granted, the Clerk shall file the original forthwith.

CRITICAL

Applies to

Parenting education certificate

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.

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.

CRITICAL

Applies to

Proposed jury instructions

Proposed instructions filed with the Clerk must be marked and identified as Plaintiff’s Proposed number or Defendant’s Proposed number.

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

CRITICAL

Applies to

Motion

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.

C. For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.

CRITICAL

Applies to

Pretrial order

Counsel must stipulate in the pretrial order to exhibits that will be admissible without objection.

Counsel shall have stipulated in the pretrial order to those exhibits that will be admissible without objection.

CRITICAL

Applies to

Motion for JVN appearance or testimony

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.

Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.

CRITICAL

Applies to

Response or objection to crime lab JVN testimony

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

Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.

CRITICAL

Applies to

Jury instructions and verdict forms

Counsel must provide the Court and opposing counsel with jury instructions and verdict forms as directed by the Scheduling Order or Omnibus Order, and check for duplicate instructions.

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.

CRITICAL

Applies to

Order to show cause

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.

D. Two originals of any order to show cause, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the judge for signature. If the judge signs the order, the judge will sign both as original orders. One original shall be retained as part of the file and the other shall be used for service.

CRITICAL

Applies to

Subpoena

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.

H. When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance. When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority permitting the requested relief and include a proposed order when filed.

A. The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.

CRITICAL

Applies to

Pleading

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

E. When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.

CRITICAL

Applies to

Communication to court

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

The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.

CRITICAL

Applies to

Motion for crime lab JVN testimony

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

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

CRITICAL

Applies to

Motion

Must include

proposed order

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.

D. Even when a hearing on motions has been tentatively docketed at an Omnibus Hearing or scheduling conference, when hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply. The request shall specify the purpose of the hearing (oral argument or evidence hearing). Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.

CRITICAL

Applies to

Faxed or electronic document

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.

C. A faxed or electronic document must show necessary signatures or the document will not be filed. An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents. It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.

CRITICAL

Applies to

Proposed jury instructions

Counsel must ensure proposed instructions correctly reflect gender and singular or plural usage and adjust pattern instructions for unique circumstances or special verdicts.

Counsel shall ensure that the proposed instructions are correct with respect to gender and as to whether parties are singular or plural, the charged offense is singular or plural, and adjust the pattern jury instructions for unique circumstances or special verdicts (such as “not guilty by reason of mental disease or defect”).

CRITICAL

Applies to

Jury instructions

Use the applicable Montana Pattern Civil or Criminal Jury Instructions as the primary source, and print instructions on 8½-by-11-inch paper.

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.

WARNING

Applies to

Proposed decree

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.

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.

WARNING

Applies to

Certificate of service

Must include

certificate of service

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

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

WARNING

Applies to

Parenting plan amendment affidavit

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit a supporting-facts affidavit and give notice as provided by 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.

WARNING

Applies to

Proposed findings conclusions

For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings and conclusions 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.

WARNING

Applies to

Attorney fee affidavit

A party seeking attorney’s fees must file and serve an itemized affidavit at the final merits decision or another appropriate time.

Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.

WARNING

Applies to

Omnibus form

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

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.

WARNING

Applies to

Motion to dismiss

Must include

proposed order

A defendant seeking dismissal after successful completion of a deferred imposition of sentence must submit proof of completion with a proposed order.

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

WARNING

Applies to

Affidavit

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.

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:

WARNING

Applies to

Public defender application

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

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

WARNING

Applies to

Foreign personal representative sworn statement to close estate

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

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.

WARNING

Applies to

Affidavit

The affidavits generally must not be filed with the Court, except for trial or when directed by the Court; at trial, an affidavit and its attachments may be filed as evidence subject to cross-examination.

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.

WARNING

Applies to

Final decree of dissolution

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

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

WARNING

Applies to

Attorney appearance

An attorney may participate in proceedings only after being entered as counsel of record, unless appearing specifically on behalf of an attorney of record.

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.

INFO

Applies to

Request for decision

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

D. In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.

WARNING

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.

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.