Silver Bow County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Jury instructions

Each requested jury instruction must identify the party and bear a consecutive number.

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.

CRITICAL

Applies to

Settlement proposal

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.

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.

CRITICAL

Applies to

Opposed motion

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.

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.

CRITICAL

Applies to

Continuance application

Must include

proposed order

Continuance applications must include a proposed order identifying the requesting party and disposition, and must be approved in writing by the client or clients.

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.

CRITICAL

Applies to

Order to show cause

An order to show cause must state the hearing’s date, time, and place.

The order to show cause shall include the date, time and place of the hearing.

CRITICAL

Applies to

Attorney fee motion

An attorney-fee motion must itemize time expended and affirm that the claimed fees are correctly stated and necessary; no separate affidavit is needed if counsel signs the motion.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Unopposed motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Default judgment

A party seeking unliquidated damages through default judgment must establish the amount with evidence satisfactory to the Court.

Where default judgment entitles a party to unliquidated damages, that party must establish the amount of damages by evidence satisfactory to the Court.

CRITICAL

Applies to

Discovery motion

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.

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.

CRITICAL

Applies to

Motion

A motion requiring an evidentiary hearing must include an attached witness list.

With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion.

CRITICAL

Applies to

Jury instructions

Supporting legal citations must appear at the bottom of each requested jury instruction.

Citations supporting the requested instruction as a correct statement of the applicable law shall be listed on the bottom of each requested instruction.

CRITICAL

Applies to

Omnibus hearing form

The Omnibus Hearing form must be prepared, used, and signed by the State and defendant, then presented to the court for 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.

CRITICAL

Applies to

Pretrial agreement

A pretrial agreement presented to the court must state whether it is binding or non-binding between the State and the defendant.

5) Pre-trial Agreements presented to the Court shall state whether said Agreement is binding or non-binding between State and the Defendant.

CRITICAL

Applies to

Order and conditions of release

After a not-guilty plea when the defendant is released on bail, the Order and Conditions of Release form must be used, and its conditions bind anyone providing bail for 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.

CRITICAL

Applies to

Motion

Motions requiring 15 minutes or less in criminal, delinquency, and need-of-supervision cases must be presented only with sufficient motion copies for all parties entitled to notice.

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.

CRITICAL

Applies to

Order

After confirming a hearing date with the judge’s court assistant, counsel must submit a written order for the judge’s signature.

Upon confirmation with the Judge’s court assistant, counsel shall submit a written order for the Judge’s signature.

CRITICAL

Applies to

Omnibus hearing motion

The court will not hold a formal Omnibus Hearing in a criminal matter unless a written motion is filed with the court.

The Court will not hold a formal Omnibus Hearing in each file. criminal matters unless a written motion is filed with the Court.

CRITICAL

Applies to

Acknowledgment of rights

The Acknowledgment of Rights form must be reviewed by the defendant with counsel, signed by the defendant, and filed with the court on or before 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.

CRITICAL

Applies to

Request for hearing

When a setting is vacated but a hearing remains necessary, file a new hearing request with the vacation order, except in civil court jury cases.

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.

CRITICAL

Applies to

Stipulation and order

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.

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.

CRITICAL

Applies to

Proposed order

All parties must submit proposed forms of order before the hearing, though the court may decide the form without holding the hearing.

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.

CRITICAL

Applies to

Proposed order

The court will not sign an order unless all parties entitled to notice have signed, subject to the stated exceptions.

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.

CRITICAL

Applies to

Plea of guilty and waiver of rights

The Plea of Guilty and Waiver of Rights form must be reviewed by the defendant with counsel, signed by the defendant, and filed 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.

CRITICAL

Applies to

Jury instructions

Must include

caption, case number

Requested jury instructions must include a cover sheet with the case number, caption, title, signature, and Praecipe.

Requested instructions shall include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature and a Praecipe.

CRITICAL

Applies to

Pleading or filed document

Must include

ai disclosure

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.

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.

CRITICAL

Applies to

Court communication

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

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.

CRITICAL

Applies to

Settlement statement

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.

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;

CRITICAL

Applies to

Pretrial submission

Before trial, attorneys must provide the Court and/or facilitator and opposing counsel a completed financial declaration and proposed findings and conclusions.

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.

WARNING

Applies to

Attachment

Attachments must be filed only once; subsequent use must identify the document name and filing date by reference.

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.

WARNING

Applies to

Cited opinion

A copy of an opinion cited in another reporter system must be furnished.

If an opinion is cited in any other reporter system, furnish a copy of the opinion.

WARNING

Applies to

Settlement proposal

The settlement-proposal information provided to the facilitator must not be filed with the court or made part of the court record.

This information shall not be filed with the court nor in any way be made part of the court record.

WARNING

Applies to

Cited legal authority

Do not file copies of cited legal authority with the clerk; provide them to the assigned judge if requested.

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.

WARNING

Applies to

Request for hearing

A hearing request may be filed without a motion if presented with a hearing notice, copies, and envelopes, and a copy must be served on all parties entitled to notice.

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.

WARNING

All disks should be labeled to indicate the cause, and the name, address and phone number of counsel so the disk can be returned.

All disks should be labeled to indicate the cause, and the name, address and phone number of counsel so the disk can be returned.

WARNING

Applies to

Opposed motion

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.

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.

WARNING

Applies to

Settlement statement

Settlement statements must not be filed or exchanged with other parties and will be returned after the conference.

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.

WARNING

Applies to

Jury instructions

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.

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.

CRITICAL

Applies to

Proposed order

Proposed orders must be presented to the assigned judge unless unavailable and must show the judge’s name below the signature line.

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.

WARNING

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.

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.