Silver Bow County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Jury Instructions
- 1 copy
Motion, Brief
Proposed Findings Conclusions
- 1 copy • With Filing
Adjournments
- If a holiday falls on a law and motion day, all matters are continued to the next regular law and motion day.
- Continuance motions must be written, served on all other counsel, and show on their face that all other counsel were notified of the request.
- A setting may be vacated only with the assigned judge’s approval.
- +2 more
Request must include
Page & Word Limits2 rules
The total number of pages of attachments may not exceed 25 unless the court grants leave.
- Attachment
- Up to 25 pages
Exception
More pages with leave of court
Court's wording
The size of any attachment shall not exceed 8 and 2 inches in width by 14 inches in length, and the total number of pages of attachments shall not exceed twenty-five (25), except by leave of the court.
The statement shall not exceed five (5) pages in length
- Page limit
- Up to 5 pages
- Settlement statement
Document Format Requirements6 rules
ONLY THE FORMS ATTACHED TO THESE RULES WILL BE ACCEPTED BY THE COURT.
All pleadings and filings shall be on good quality white paper 8 1/2" by 11" in size. Multiple page pleadings and filings shall have the title of the pleading set forth at the bottom of each page.
- Paper size
- Letter
Formatting
- •Use good quality white paper
Attachments may not exceed the stated page dimensions or 25 total pages unless the court grants leave.
Court's wording
The size of any attachment shall not exceed 8 and 2 inches in width by 14 inches in length, and the total number of pages of attachments shall not exceed twenty-five (25), except by leave of the court.
For matters requiring extensive findings and conclusions, counsel must submit a hard copy and a 3.5 computer disk in WordPerfect 5.1, 6.0, or 6.1 format.
- File type
- WordPerfect
- Proposed findings conclusions
Formatting
- •Submit a 3.5 computer disk
Court's wording
In all matters before the Court in which the Court is required to make extensive Findings of Fact and Conclusions of Law, counsel for the respective parties shall submit a hard copy of such Proposed Findings and Conclusions for the Court’s review. Counsel are also required to submit to the Court, a computer disk (3.5) containing said Findings and Conclusions in Wordperfect 5.1, 6.0 or 6.1 format.
When citing Montana Supreme Court opinions, in addition to Pacific Reporter, give Montana Report citations or, if not available, the State General Courtroom Conduct Reporter.
In all cases where possible, the parties should supply the Court with proposed jury instructions on a 3.5 computer disc containing said Jury Instructions in WordPerfect 5.1, 6.0 or 6.1 format.
- File type
- WordPerfect
- Jury instructions
Document Filing Requirements40 rules
A party who uses generative AI to prepare a filed pleading or document must disclose its use, identify the tool and how it was used, and certify that the AI-assisted content has been checked for accuracy.
- Document
- Pleading or filed document
Must include
- •AI disclosure
Court's wording
Any party, whether appearing pro se or through counsel, who uses generative artificial intelligence in the preparation of a pleading or document filed with the court must disclose the use ofigenerative artificial intelligencei the specific tool the party used; how the party used the tool in preparing the relevant document; and that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.
Upon confirmation with the Judge’s court assistant, counsel shall submit a written order for the Judge’s signature.
4) Omnibus Hearing - a form to be prepared, used and signed by the State and the Defendant and presented to the Court for signature as indicated.
5) Pre-trial Agreements presented to the Court shall state whether said Agreement is binding or non-binding between State and the Defendant.
3) Order and Conditions of Release - a form to be used after a Plea of Not Guilty and the Defendant is released on bail either cash, surety or property. The conditions referred to in said order shall be binding on any person, firm or corporation providing bail for the Defendant.
The Court will not hold a formal Omnibus Hearing in each file. criminal matters unless a written motion is filed with the Court.
1) Acknowledgment of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court on or before the date of arraignment.
2) Plea of Guilty and Waiver of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court at the time of a Plea Change.
All such applications shall be accompanied by a proposed order which notes the name of the party requesting the continuance and the actual disposition of the requested continuance. All applications for continuances must be approved by client/clients in writing.
- Document
- Continuance application
Must include
- •Proposed order
The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel.
As a condition of filing an opposed matter requiring a hearing, the movant must present the specified judge’s copies, hearing request, original order and copies, and addressed stamped envelopes.
Court's wording
As a condition of filing, all opposed motions, objections and other opposed matters requiring a hearing (hereinafter “motions”) shall be presented to the clerk with the following: 1. A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; 2. An original request for hearing, along with a copy of the request for the assigned judge; 3. An original Order and sufficient copies for all parties entitled to notice; and, 4. Stamped, addressed, plain (with Court's return address) envelopes for all parties entitled to notice.
The motion shall include an itemization of time expended and an affirmation that the fees claimed are correctly stated and necessary. A separate affidavit is not necessary provided the motion is signed by counsel for the movant.
To file an unopposed motion, present a judge’s copy with attachments and an original proposed order approved by all parties entitled to notice; counsel may approve by telephone, while a pro se party must sign the order.
- Document
- Unopposed motion
Must include
- •Proposed order
Court's wording
As a condition of filing, all unopposed motions and other unopposed matters (hereinafter “motions”) shall be presented to the clerk with the following: 1. A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; and 2. An original proposed order disposing of the motion approved by all parties entitled to notice; approval of counsel may be indicated as telephonic approval; approval of a party pro se must be indicated by the party’s signature on the proposed order.
Where default judgment entitles a party to unliquidated damages, that party must establish the amount of damages by evidence satisfactory to the Court.
A discovery motion will not be heard unless it identifies the matters at issue, including disputed questions and answers, the parties’ disagreements, and their progress toward resolving them.
Court's wording
No discovery motion will be heard by the Court unless the party making the motion specifically sets forth to the Court the matters upon which the motion is based, including the questions and answers at issue, a description of the parties’ disagreements as to such matters, and the parties’ progress in resolving such disagreements.
With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion.
All motions in criminal, delinquency and need-of-supervision cases, requiring fifteen minutes or less for hearing, shall be presented only with sufficient copies of the motion for all parties entitled to notice.
When vacation is granted and a hearing is still necessary, a new request for hearing shall be filed along with the order granting the vacation, except in civil court jury cases.
For agreed trial and merits settings, present a proposed stipulation and order stating the grounds, signed by all counsel and pro se parties; for other settings, the parties may use the stated stipulation or telephone-approval procedure, but the court may still refuse to vacate.
Court's wording
With trial and merits settings, if all parties entitled to notice agree to vacate a setting, a proposed stipulation and order stating the grounds for vacating must be presented to the assigned judge. The order shall be signed by all counsel and parties pro se. With other settings, if all parties entitled to notice agree to vacate, a proposed stipulation and order may be presented to the assigned judge, or all parties may request the assigned judge’s approval by telephone followed by a proposed stipulated order. Even if all parties entitled to notice agree to vacate, the court may refuse to vacate.
Each requested jury instruction must identify the party and bear a consecutive number.
Court's wording
Each requested instruction shall be identified by party and consecutive number, e.g., “Plaintiff John Smith’s Requested Instruction No. 1,” “Plaintiff John Smith’s Requested Instruction No. 2,” and so forth.
The order to show cause shall include the date, time and place of the hearing.
An ex parte contempt order to show cause may issue only if the motion is verified or accompanied by an affidavit stating the factual basis and quoting the relevant prior order verbatim.
Court's wording
The court may issue an ex parte order to show cause why a party should not be held in contempt only if the motion therefor is verified or accompanied by an affidavit specifically describing the factual basis for the claim of contempt and identifying verbatim that portion of the prior order of the court on which the contempt charge is based.
Citations supporting the requested instruction as a correct statement of the applicable law shall be listed on the bottom of each requested instruction.
Before the hearing, all parties shall submit proposed forms of order. The court may review the proposed forms of order and rule on the form without hearing.
The court will not sign an order unless all parties entitled to notice have signed, subject to the stated exceptions.
Court's wording
Orders shall not be signed by the court unless signed by all parties entitled to notice except upon presentment hearing or consideration by the court pursuant to Subsection D below, or as otherwise provided by Supreme Court rule, second judicial district local rule, or statute.
Requested instructions shall include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature and a Praecipe.
- Document
- Jury instructions
Must include
- •Caption
- •Case number
Each settlement-conference statement must cover the case background, issues and damages, applicable authorities, strengths and weaknesses of both sides, and settlement-negotiation history including offers and demands.
Court's wording
The statement shall not exceed five (5) pages in length and shall contain: 1. The background of the case; 2. Factual and legal issues, including damages; 3. Points and authorities of law, if applicable; 4. A description of the strongest and weakest points in their case, both legal and factual, and that of their opponents; 5. The history of settlement negotiations, including a recitation of any specific offers and demands;
The settlement proposal must include the listed property, custody, support, parenting, financial, cost, negotiation, and supporting-document information, including a financial declaration if maintenance is requested.
Court's wording
1. List of the parties' real property and values; 2. Proposed distribution of the parties' personal property; 3. Proposal as to custody and parenting time; 4. Proposal as to child support and health care; 5. Proposed parenting plan; 6. If maintenance is requested, the parties shall complete the Court's financial declaration form; 7. Estimate of costs and attorney fees through trial; 8. The last or most recent settlement proposal made to other parties; and 9. Copies of case law, statutes, pleadings, exhibits, orders and any other information which would be helpful to the facilitator.
Attorneys shall provide the Court and/or facilitator and opposing counsel with a fully completed financial declaration form and proposed findings of fact and conclusions of law prior to the trial.
Attachments must be filed only once; subsequent use must identify the document name and filing date by reference.
Court's wording
Exhibits, appendices and other attachments (hereinafter “attachments”) to pleadings, motions, and other papers, shall be filed with the court only once; subsequent use of such attachments shall be by reference to the document name and filing date.
If an opinion is cited in any other reporter system, furnish a copy of the opinion.
Copies of cited cases, treatises, annotations, law review articles, and other such legal authority, shall not be filed with the clerk but shall be given to the assigned Judge if requested.
A request for hearing may be filed without a motion provided the request is presented with a notice of hearing, copies and envelopes. A copy of the request shall be served on all parties entitled to notice.
An opposed motion may be filed without the usual hearing request, notice, or envelopes in the specified circumstances, including prior delivery to the judge’s office, staff approval, or presentation with certain orders.
Court's wording
The clerk also shall file opposed motions presented without a request for hearing, notice of hearing or stamped, addressed envelopes, in the following circumstances: 1. Prior to presentment to the clerk, the movant has delivered a copy of the motion and the request, the original and copies of the Order, and envelopes, to the assigned judge’s office, and receipt is indicated on the original motion by initials of the judge’s staff. 2. The motion has been approved for filing by the assigned judge’s staff in circumstances other than those set forth in Subsection E(1) above; 3. The motion is presented with a signed order disposing of the matter; or, 4. The motion is presented with a proposed order in which the date and time of the hearing will be entered, such as an order to show cause or temporary restraining order.
All disks should be labeled to indicate the cause, and the name, address and phone number of counsel so the disk can be returned.
The settlement statement shall not be filed or exchanged with other parties and will be returned to the party providing the statement at the close of the settlement conference.
All discs should, in addition to indicating the cause, contain the name, address and phone number of counsel so the disc can be returned to counsel.
This information shall not be filed with the court nor in any way be made part of the court record.
Proposed orders shall be presented to the assigned judge unless unavailable. The assigned judge’s name shall be typed or printed on all proposed orders, directly below the judge’s signature line.
Attorneys may request a trial date by written motion; otherwise, the court will set a scheduling conference to agree on a scheduling order, except in actions involving specified temporary, interlocutory, equitable, or otherwise immediately required relief.
Court's wording
The Judge in each Department shall establish both a jury and non-jury trial calendar of all contested matters. Attorneys shall have the right to request, in any case, a trial date by filing with the Court a written Motion to set the matter for trial, otherwise, the Court will set a Scheduling Conference at which time a Scheduling Order will be agreed upon by the Court and respective counsel. This provision is not applicable in those actions in which a party is entitled by statute to temporary, interlocutory, or equitable relief, or unless the action is otherwise subject to statute or rules of procedure that require immediate relief or judicial action.
Filing & Service rules
Electronic Filing Rules
Papers may be filed by facsimile transmission.
Papers may be filed by facsimile transmission.
Page 3 | RULE 18 - FORM OF PLEADING AND FILINGS
Filing Timing and Cure Windows
The Acknowledgment of Rights form must be filed on or before the date of arraignment.
1) Acknowledgment of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court on or before the date of arraignment.
Page 2 | RULE 8 - MOTIONS-CRIMINAL CASES
The Plea of Guilty and Waiver of Rights form must be filed with the court at the time of a plea change.
2) Plea of Guilty and Waiver of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court at the time of a Plea Change.
Page 2 | RULE 8 - MOTIONS-CRIMINAL CASES
In criminal cases, both prosecution and defense must file pretrial motions within ten days after the information is filed and at least thirty days before trial, unless the court permits otherwise for good cause.
A. Unless for good cause the Court grants permission to proceed otherwise, all pre-trial motions in criminal cases, by both the prosecution and the defense, shall be filed within ten (10) days after the information is filed and in no event less than thirty (30) days prior to the date the case is set for trial.
Page 2 | RULE 8 - MOTIONS-CRIMINAL CASES
The original of any fax-filed paper must be provided to the Clerk within five days of transmission.
The original copy of any papers filed by facsimile transmission shall be provided to the Clerk of Court within five (5) days of the facsimile transmission.
Page 3 | RULE 18 - FORM OF PLEADING AND FILINGS
In criminal cases, motions for Monday hearings must be filed by the preceding Monday, and motions for Friday hearings by the preceding Friday.
With criminal cases, motions for Monday hearings must be filed by the preceding Monday; motions for Friday hearings must be filed by the preceding Friday.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
Unless awarded in the final judgment, attorney fees must be requested by written motion within 10 days after the final judgment is filed.
Unless attorney fees are awarded in the final judgment, attorney fees shall be requested by written motion filed within ten (10) days after the final judgment is filed.
Page 4 | RULE 29 - ATTORNEY FEES
Objections to an attorney-fee motion must be filed within 15 days after service or they are deemed waived.
Parties objecting to the motion shall file objections within fifteen (15) days after service of the motion, or such objections shall be deemed waived.
Page 4 | RULE 29 - ATTORNEY FEES
Unless the court orders otherwise, the prevailing party must present a proposed order within 14 days after the decision; in domestic relations cases, both parties are responsible unless ordered otherwise.
Unless otherwise ordered by the court, all proposed orders shall be presented to the court within fourteen (14) days after the court’s decision. The prevailing party shall be responsible for such presentment, except in domestic relations court cases unless the court orders otherwise both parties shall bear the responsibility.
Page 74 | RULE 34 - ORDERS, JUDGMENTS AND DECREES
If all required signatures cannot be obtained by day 14, the prevailing party must request a hearing no later than that day.
If the signatures of all parties entitled to notice cannot be obtained by the fourteenth day, the prevailing party shall, no later than the fourteenth day, request a hearing on the issue.
Page 74 | RULE 34 - ORDERS, JUDGMENTS AND DECREES
Each party or counsel must submit a statement directly to the settlement master no later than three business days before the conference.
A statement from each party or counsel shall be submitted directly to the settlement master no later than three (3) business days prior to the conference.
Page 74 | RULE 36 - SETTLEMENT CONFERENCES
The submitting party must promptly file the signed order and mail or deliver endorsed copies to all parties entitled to notice.
The submitting party shall promptly file the counsel. order after it is signed and mail or deliver endorsed copies to all parties entitled to notice.
Page 74 | RULE 34 - ORDERS, JUDGMENTS AND DECREES
When findings are required under Rule 52, parties must file and serve proposed findings and conclusions at least five days before trial or hearing.
In all matters where the Court must enter findings of fact and conclusions of law pursuant to Rule 52, M.R.Civ.Pro., all parties shall file with the Court, and serve upon opposing counsel, at least five days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law.
Page 74 | RULE 31 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
All parties must provide the facilitator a settlement proposal at least five days before the conference.
At least five (5) days prior to the conference, all parties shall provide the facilitator a settlement proposal with the information listed below.
Page 75 | RULE 36 - SETTLEMENT CONFERENCES
The moving attorney must request a hearing date for pretrial motions at the earliest opportunity so that filing and hearing the motions do not delay trial.
B. The moving attorney shall request a hearing date for such motions at the earliest opportunity so that the filing and hearing thereon shall not delay trial.
Page 2 | RULE 8 - MOTIONS-CRIMINAL CASES
Motions filed after the stated criminal-case deadlines are scheduled on the next regular calendar unless the court orders otherwise.
Any motions filed after these deadlines will be scheduled on the next regular calendar, unless otherwise ordered by the court.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
An order’s entry date is its filing date and must be shown by the clerk’s stamp, unless filed in open court.
The date of entry of any order shall be the same as the date of filing and shall be shown by the clerk’s stamp unless the order is filed in open court.
Page 74 | RULE 34 - ORDERS, JUDGMENTS AND DECREES
Service and Proof of Service Rules
The movant must serve the hearing request on all parties entitled to notice.
The movant shall serve copies of the request for hearing on all parties entitled to notice.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
A copy of a hearing request must be served on all parties entitled to notice.
A copy of the request shall be served on all parties entitled to notice.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
The plaintiff must promptly mail or deliver endorsed copies of a default judgment to defaulting parties at their last known address.
Plaintiff shall promptly mail or deliver endorsed copies of default judgments to defaulting parties at their last known address.
Page 4 | RULE 28 - DEFAULT JUDGMENTS
The clerk, at the time of filing, will stamp a hearing date and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice.
The clerk, at the time of filing, will stamp a hearing date and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
Requested findings and conclusions must be served on all other parties.
Copies of requested findings and conclusions shall be served upon all other parties.
Page 74 | RULE 31 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Endorsed copies of a signed order must be mailed or delivered to all parties entitled to notice.
The submitting party shall promptly file the counsel. order after it is signed and mail or deliver endorsed copies to all parties entitled to notice.
Page 74 | RULE 34 - ORDERS, JUDGMENTS AND DECREES
Proposed findings and conclusions must be served on opposing counsel at least five days before trial or hearing.
In all matters where the Court must enter findings of fact and conclusions of law pursuant to Rule 52, M.R.Civ.Pro., all parties shall file with the Court, and serve upon opposing counsel, at least five days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law.
Page 74 | RULE 31 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The judge’s staff completes, files, and sends the hearing notice unless the judge directs the movant to do so.
The assigned judge’s staff will complete and file the notice of hearing, and mail or deliver copies to all parties entitled to notice, or the judge may direct the movant to complete this process.
Page 4 | RULE 24 - OPPOSED MOTIONS AND OTHER OPPOSED MATTERS; FILING; HEARINGS
Courtesy Copy Requirements
Courtesy copies of all motions and briefs must be provided to the sitting judge.
Courtesy copies of all motions and briefs shall be provided to the sitting Judge.
Page 2 | RULE 8 - MOTIONS-CRIMINAL CASES
Attorneys must file courtesy copies of motions and briefs directly with the presiding judge.
Attorneys are required to file courtesy copies of such motions and briefs directly with the presiding judge.
Page 3 | RULE 19 - MOTIONS AND BRIEFS
A court copy of each instruction must use the heading “Instruction No. ____” and omit numbers and citations.
A copy of each instruction with the heading “Instruction No. ____,” with no numbers inserted and no citations listed, also shall be provided to the court.
Page 74 | RULE 30 - JURY INSTRUCTIONS
Requested findings and conclusions must be submitted to the clerk with one copy for the assigned judge, which the clerk will forward.
A. Filing; service. As a condition of filing, requested findings and conclusions shall be presented to the clerk with a copy for the assigned judge. The clerk shall endorse and forward the copy to the assigned judge.
Page 74 | RULE 31 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Sealing & Redaction Procedures
Court records remain publicly accessible unless confidential by law or court order; in extraordinary cases, the Court may seal a record on a party’s written motion or on its own motion upon a showing of good cause.
The Court’s policy is to allow public access to official court files and other records. Accordingly, no court file or other record shall be sealed from public inspection, with the exception of records containing matters made confidential by law or court order. In extraordinary cases, the Court may seal a file or other record upon a party’s written motion or the Court’s own motion, and showing of good cause. The sealed records shall remain part of the court file or other record.
Page 3 | RULE 13 - SEALING OF COURT RECORDS
Pre-Motion Conference Requirements
For summary judgment motions, the Court sets oral argument after briefing closes unless the parties stipulate in writing to waive argument and submit the motion on the briefs.
When all briefs have been filed, or the time for filing of briefs has expired, the Court will set the motion for oral argument. If the parties wish the motion to be deemed submitted on the briefs, they must stipulate to the Court in writing that they waive oral argument on the summary judgment motion.
Page 3 | RULE 19 - MOTIONS AND BRIEFS
All parties in civil cases must participate in a settlement conference.
All parties in civil cases will be required to participate in a settlement conference.
Page 74 | RULE 36 - SETTLEMENT CONFERENCES
In cases involving a domestic-relations dispute focused on child-related issues, the court must refer the parties to the mediation program unless it orders otherwise upon stipulation or good cause.
Unless otherwise ordered by the court upon stipulation of the parties or for good cause shown, in every case involving a dispute over any domestic relations issue, focusing on child-related issues, the court shall enter an order referring the parties to the Domestic Relations Mediation Program.
Page 75 | RULE 37 - DOMESTIC RELATIONS MEDIATION PROGRAM
After briefing is complete, either party may request that the motion be argued or submitted on the briefs, but oral argument occurs only by court order and at the Court’s discretion.
Except for summary judgment motions, when all briefs have been filed, or the time for filing of briefs has expired, either party may file a request with the presiding Judge indicating whether oral argument is necessary or if the motion is deemed to be submitted on the briefs. Oral argument will only be set by court order at the Court’s discretion.
Page 3 | RULE 19 - MOTIONS AND BRIEFS
Adjournment & Extension Requirements
Continuance motions must be written, served on all other counsel, and show on their face that all other counsel were notified of the request.
All motions for continuances of hearings, trials, or other dates set for action by a party shall be made in writing, shall be served upon all other counsel and shall show on their face that notification of the request made has been communicated to all other counsel.
Page 3 | RULE 17 - CONTINUANCES
A party seeking to vacate a setting without unanimous agreement must file a motion.
If all parties entitled to notice do not agree to vacate, the party desiring to vacate the setting shall file a motion on the issue.
Page 4 | RULE 26 - VACATING SETTINGS; NOTICE TO COURT OF RESOLUTION
A setting may be vacated only with the assigned judge’s approval.
Settings will be vacated only with the assigned judge’s approval.
Page 4 | RULE 26 - VACATING SETTINGS; NOTICE TO COURT OF RESOLUTION
If a holiday falls on a law and motion day, all matters are continued to the next regular law and motion day.
B. When any holiday falls on a law and motion day, all matters shall be deemed continued to the next regular law and motion day.
Page 1 | RULE 6 - LAW AND MOTION, CRIMINAL MATTERS AND YOUTH COURT
A party or facilitator may request an extension of the settlement-conference deadline by motion to the assigned judge.
Any party or facilitator may request an extension of the deadline by motion directed to the assigned judge.
Page 75 | RULE 37 - DOMESTIC RELATIONS MEDIATION PROGRAM
Chambers Communication Rules
The sender of a fax filing must notify the Clerk that it was transmitted and verify the Clerk’s receipt of each transmission.
It is the responsibility of the originator of such facsimile transmission to notify the Clerk of Court that such filing has been transmitted and verify receipt of each transmission by the Clerk of Court.
Page 3 | RULE 18 - FORM OF PLEADING AND FILINGS
Do not discuss substantive issues ex parte with the Court or judge’s staff without opposing counsel present or notified, unless counsel has given prior approval or 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, or without prior approval or stipulation by such counsel. A violation of this rule may result in imposition of sanctions against the offending attorney or party. The same prohibition against ex parte contact with the judge, applies to the judge's staff.
Page 3 | RULE 22 - COMMUNICATIONS WITH THE COURT
All parties must promptly notify the assigned judge when a dismissal, consent judgment, or other resolution makes a setting unnecessary.
Upon dismissal, consent judgment, or other resolution reached which makes a setting unnecessary, all parties shall promptly notify the assigned judge.
Page 4 | RULE 26 - VACATING SETTINGS; NOTICE TO COURT OF RESOLUTION
Counsel must first check with the judge’s court assistant for available hearing dates and times when seeking a hearing.
It shall be the responsibility of counsel to first check with the Judge’s court assistant for available dates and times when seeking a hearing.
Page 1 | RULE 6 - LAW AND MOTION, CRIMINAL MATTERS AND YOUTH COURT
Law and motion matters must be heard in open court, but ex parte matters may be presented in the presiding judge’s chambers.
All matters presented on law and motion day shall be heard in open court, in the courtroom of the Judge presiding, except that ex parte matters may be presented in chambers of the presiding Judge.
Page 1 | RULE 6 - LAW AND MOTION, CRIMINAL MATTERS AND YOUTH COURT
Counsel must inform the Clerk of Court and the Court or its staff as expeditiously as possible when a contested matter is settled or vacated.
D. Counsel shall inform the Clerk of Court and the Court and/or the Court’s staff as expeditiously as possible when a contested matter has been settled or vacated.
Page 2 | RULE 9 - TRIAL CALENDAR-CRIMINAL AND CIVIL
If a party believes a potentially violent situation might arise, the party, through counsel or pro se, should notify the assigned judge and court bailiff sufficiently in advance for security measures to be arranged.
A. Potentially violent situations; duty of party. In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, should notify the assigned Judge and court bailiff sufficiently in advance so that appropriate security measures can be taken.
Page 2 | RULE 7 - COURT SECURITY
Court staff are cautioned against discussing procedural matters in actual cases and may not offer legal advice.
Staff members are cautioned against discussion about procedural matters especially as it relates to an actual case because the inquirer may gain an advantage over opposing counsel. Additionally, the court staff may not offer legal advice.
Page 3 | RULE 22 - COMMUNICATIONS WITH THE COURT
Attorneys or their staff may arrange with a District Judge’s court assistant or law clerk to access the library outside its stated hours.
If access to the library is required at other times, attorneys or their staff may make arrangements with the court assistant or law clerk of either District Judge.
Page 1 | RULE 5 - LIBRARY RULES
If a matter has been under advisement for more than 30 days, each affected party is encouraged to send the Court a reminder letter identifying the matter and the date it was taken under advisement.
In the event the Court has under advisement any matter including, but not limited to, a motion or decision in a bench trial for a period of more than thirty (30) days, each party affected thereby is encouraged to send to the Court a reminder letter particularly describing the matter under advisement and stating the date the matter was taken under advisement.
Page 3 | RULE 22 - COMMUNICATIONS WITH THE COURT