Sanders County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Bail documents

For bail furnished as a bond or other permitted form, the actual bail documents must be delivered to the District Court Clerk.

If the bail furnished was a bail bond or other bail as permitted by 46-9-401, MCA, the Justice of the Peace or Municipal Judge must deliver the actual documents furnished as bail to the Clerk of District Court.

CRITICAL

Applies to

Written bail transfer request

The County Attorney must deliver a duplicate copy of the bail-transfer request to the Justice of the Peace.

The County Attorney must deliver to the Justice of the Peace a duplicate copy of such request;

CRITICAL

Applies to

Motion

Such e-filed motions must include a proposed order in .doc, .docx, or .pdf format with the specified electronic-signature wording in place of the traditional signature block.

All such motions filed via e-filing shall include a proposed order that is submitted in .doc, .docx, or .pdf format and that replaces the traditional signature block with the following: “ELECTRONICALLY SIGNED AND DATED BELOW.”

CRITICAL

Applies to

Written bail transfer request

The County Attorney must file a written request asking the Justice of the Peace to transfer bail to the District Court.

The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court;

CRITICAL

Applies to

Proposed order

The Clerk must reject a filing that lacks the required self-addressed, stamped envelopes unless other arrangements have been made.

Unless other arrangements are made with the Clerk, if self-addressed, stamped envelopes are not included, the Clerk of Court must reject the filing.

CRITICAL

Applies to

Affidavit

An execution for support or maintenance must be supported by an affidavit stating the specified facts and detailing the delinquency.

Executions will not be issued unless supported by an affidavit affirmatively showing that the parties have not entered into any arrangements not contemplated by the decree of dissolution, that they are not living together, that payments were required to have been made at the office of the Clerk of Court and that the payments are delinquent. Details of the delinquency must be specifically set forth therein.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion except a contested dispositive motion must include a proposed order with a cc: at the bottom listing the full name of each attorney or party to be served.

All motions filed, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order which contains a cc: at the bottom of the Order which includes the full name of each attorney/party to be served.

CRITICAL

Applies to

Cash bail transfer

For cash bail, the Justice of the Peace or Municipal Judge must present a check, warrant, or draft for the full bail amount.

If the bail furnished was cash bail, the Justice of the Peace or Municipal Judge must present a proper check, warrant or draft for the full amount of the bail.

CRITICAL

Applies to

Certification of compliance

Must include

word count

A filing using the 6,500-word alternative must include a compliance certification stating the word count and line spacing, plus the required typeface details; the filer may rely on the word-processing system’s count, and the certification is excluded from the document’s length.

Filings may alternatively be limited to 6,500 words (excluding the caption, signature block, certificates of service or compliance, any tables of contents or authorities, and any appendices or exhibits) if accompanied by a certification of compliance which states the word count and the document’s line spacing and states either: (1) the document is proportionately spaced, together with the typeface and point size; or (2) the document uses a monospaced typeface, together with the number of characters per inch. A party may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document’s length.

CRITICAL

Applies to

Settlement master report

The settlement master must file a report of the master-supervised settlement conference and its result within five days after the conference.

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

Applies to

Motion

Must include

proposed order

Motions with proposed orders must include copies of the order and self-addressed, stamped envelopes for all parties of record, unless other arrangements are made with the Clerk; otherwise, the Clerk must reject the filing.

All motions with proposed orders shall include copies of the proposed Order and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk. Unless other arrangements are made with the Clerk, if self-addressed, stamped envelopes are not included, the Clerk of Court must reject the filing.

CRITICAL

Applies to

Trial hearing document

When a document is presented during trial or a hearing, copies must also be presented to the Judge and opposing counsel.

If a document is presented during trial/hearing, copies of the document must be presented to the Judge and to opposing counsel.

CRITICAL

Applies to

Written bail transfer request

The Justice of the Peace must promptly endorse the bail information on both copies and transfer the bail; the duplicate request must be filed with the District Court Clerk.

The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail and must forthwith transfer the bail to the District Court as provided in a. or b. above. The duplicate copy of the request must be filed with the Clerk of District Court.

CRITICAL

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

Applies to

Motion

Must include

proposed order

Pro se motions other than contested dispositive motions must include a proposed order with a cc: listing the full name of each attorney or party to be served.

All motions filed by pro se parties, except for contested dispositive motions (e.g., motions to dismiss and summary judgment motions), shall include a proposed order which contains a cc: at the bottom of the Order which includes the full name of each attorney/party to be served.

CRITICAL

Applies to

Scheduling order

The Scheduling Order must provide the dates of both settlement conferences.

The date of both shall be provided for in the Scheduling Order.

CRITICAL

Applies to

Certification

Within ten days after the lawyers’ resolution conference, the plaintiff or petitioner, or their counsel, must submit a certification that the conference occurred and state whether the case settled.

Within ten days after the conference, the plaintiff/petitioner or counsel for plaintiff/petitioner shall submit to the Court a certification that the lawyers’ resolution conference was held and shall advise whether or not the case was settled.

CRITICAL

Applies to

Case transfer order

The transfer order must state the amount and nature of the bail furnished.

The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice of the Peace or Judge transfers the case to the District Court;

CRITICAL

Applies to

Proposed order

Proposed orders must include copies and self-addressed, stamped envelopes for all parties of record unless the Clerk makes other arrangements.

proposed orders shall include copies and self-addressed, stamped envelopes for all parties of record unless other arrangements are made with the Clerk.

WARNING

Applies to

Letter or other communication

Letters and other communications to the Court must indicate on their face that copies have been sent to opposing counsel.

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