Rosebud County District Court, Montana Service and Proof of Service Rules

CRITICAL

After the initial filing, a party must provide the opposing party with a document using the same, quickest method used to file or provide it to the Court.

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.

CRITICAL

Service

Mail to clerk

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.

CRITICAL

Applies to

Affidavit

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Applies to

Proposed findings conclusions

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.

WARNING

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.

WARNING

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.

WARNING

Applies to

Attorney fee affidavit

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.

WARNING

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.

WARNING

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.

WARNING

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.