Sanders County District Court, Montana Chambers Communication Rules

CRITICAL

A party who believes a potentially violent situation might arise must notify the assigned Judge and court bailiff sufficiently in advance.

In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, shall notify the assigned Judge and court bailiff sufficiently in advance so that appropriate security measures can be taken.

CRITICAL

Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court unless all opposing counsel are present or notified, or have given prior approval or stipulation.

There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel.

CRITICAL

After the master-supervised settlement conference, the settlement master must immediately contact the Judge’s Judicial Assistant if the case settled so hearings or pending motions can be vacated.

Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s Judicial Assistant to advise that the case has settled so that any action on court hearings or pending motions can be vacated and within five days file a report of the conference and its result.

CRITICAL

Contact

Email to chambers

If attorneys appear by Zoom, the attorney(s) appearing remotely shall email any exhibits to opposing counsel and that Department’s Judicial Assistant two working days in advance of the hearing to ensure receipt.

If attorneys appear by Zoom, the attorney(s) appearing remotely shall email any exhibits to opposing counsel and that Department’s Judicial Assistant two working days in advance of the hearing to ensure receipt.

CRITICAL

Communications to the Judge must go through the Judicial Assistant or Law Clerk; direct emails or calls are prohibited unless responding to the Judge’s direct email or call.

Communication to the Judge will go through their Judicial Assistant or Law Clerk (eg. visit, email, or telephone call). Direct emails or telephone calls to the Judge are prohibited, unless you are responding to the Judge who emailed or telephoned you directly.

CRITICAL

Contact

Email

If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.

If a case is eligible for waiver of the Pre-Sentence Investigation, and the parties agree to seek waiver and go directly to sentencing at Change of Plea, the parties must inform the Court of that intent by providing the Judicial Assistant, via email, a copy of the Plea Agreement (in Word format) setting forth such requested waiver, or other notice of a desire to waive, no later than 24 hours prior to sentencing.

CRITICAL

Pro se parties may not discuss substantive issues in pending or anticipated cases ex parte without opposing counsel or parties present or notified, unless there is prior approval or a stipulation; violations may result in sanctions.

There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel/parties, or without prior approval or stipulation. A violation of this rule may result in sanctions against the offending party.

WARNING

The prohibition on ex parte contact also applies to the Judge’s staff, and Court staff may not offer legal advice.

The same prohibition against ex parte contact with the judge applies to the Judge’s staff. Court staff may not offer legal advice.

WARNING

The ex parte prohibition also applies to Judge’s staff; staff may not give legal advice, but may field calls and visits as appropriate to help a pro se party understand court procedures.

The same prohibition against ex parte contact with the judge applies to the Judge’s staff. Court staff may not offer legal advice. This does not prohibit Court staff from fielding calls and visits as they may deem appropriate to assist a pro se party in understanding the Court’s procedures.

WARNING

Letters and other communications to the Court must indicate on their face that copies have been sent to counsel or parties in the matter, or the Court will not receive them.

The Court will not receive letters or other communication from parties that do not indicate on their face that copies have been sent to counsel/parties in the matter.

INFO

Court staff may field calls and visits as they deem appropriate to help a pro se party understand Court procedures.

This does not prohibit Court staff from fielding calls and visits as they may deem appropriate to assist a pro se party in understanding the Court’s procedures.