Stillwater County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon Filing
Motion, Brief
Proposed Jury Instructions
- 1 copy
Adjournments
- The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party’s written motion, with prior notice to all parties.
- A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit showing the expected evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production.
- When the absent evidence would be admissible and the adverse party stipulates it may be considered as given at trial, postponement or continuance is unavailable unless the Court finds that proceeding without it would work an injustice on the moving party.
- +3 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Briefs are limited to 20 pages, excluding indices and appendices; summary-judgment undisputed facts count toward the limit, and additional pages require leave of court for good cause.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Court's wording
C. Length of Briefs: No brief shall exceed 20 pages in length, exclusive of indices and appendices. This page limit includes the statement of undisputed facts in a Motion for Summary Judgment. No separate statement of genuine issues, disputed, or undisputed facts shall be filed by any party when briefing a Motion for Summary Judgment, nor may a separate statement be submitted as an attachment. Rather, all such issues shall be included in the brief that is subject to the page limitation. Additional pages may be filed only with leave of the Court upon a showing of good cause.
Document Format Requirements11 rules
Counsel shall provide an electronic copy of the proposed Order in Word format to the Court Administrator.
- File type
- Word
- Proposed order
All briefs shall comply with Local Rule 10-2, infra. Failure to comply with Local Rule 10-2 may subject an offending brief to being stricken from the record and not being considered by the Court.
B. Acceptable Fonts: All briefs shall be written in either Times New Roman or Arial font, no smaller than 12 pt.
- Font size
- At least 12 points
- Brief
Formatting
- •The permitted fonts are Times New Roman or Arial
Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.
It shall be the duty of counsel obtaining any order, judgment or decree to present the same in written form for the signature of the judge at the time of applying for the order, judgment or decree.
D. Case Citations: Every specific reference to a statement from a cited case shall contain a pinpoint citation.
A. Form of Briefs: All briefs shall comply with Rule 1, U.D.C.R., including but not limited to its restrictions on pagination, spacing, page numbering, etc.
Electronic copies of the proposed instructions and verdict forms shall be provided to the Court in Word format, via email, CD, or other electronic media.
Interrogatories should be custom prepared for the case; absent extraordinary circumstances, the Court will sustain a motion to quash all interrogatories if numerous frivolous interrogatories are asked.
- Interrogatories
Formatting
- •Interrogatories are to be custom prepared for the case at hand
Court's wording
B. The Court will, except in extraordinary circumstances, sustain a motion to quash all interrogatories if it appears that numerous frivolous interrogatories are asked therein. (Comment: This rule is intended to require the interrogator to custom prepare his/her interrogatories to the case at hand.)
A. The form of interrogatories and answers thereto shall conform to the requirements of Rule 33, M.R.Civ.P.
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
Document Filing Requirements27 rules
All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.
Counsel shall provide an electronic copy of the proposed Order in Word format to the Court Administrator.
Counsel shall include with their motion a proposed Order granting oral argument if such is desired.
- Document
- Motion
Must include
- •Proposed order
Counsel shall include with all motions a proposed Order for the Court’s signature.
- Document
- Motion
Must include
- •Proposed order
The proposed Order granting oral argument shall include blanks for the Court to fill in the date and time.
The required disclosure must include the specified factual and legal bases, knowledgeable individuals, relevant materials, damages computation, and applicable insurance information.
Court's wording
The disclosure shall contain the following information: (a) the factual basis of every claim or defense advances by the disclosing party. In the event of multiple claims or defenses, the factual basis for each claim or defense; (b) the legal theory upon which each claim or defense is based including, where necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name, and if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses, and a summary of that information; (d) a copy of, or a description, including the location and custodian, of documents or data compilations, and tangible things and relevant documents reasonably likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment.
The disclosure duty continues throughout the case, and a party must supplement or correct an incomplete or inaccurate disclosure within a reasonable time after learning of the problem.
Court's wording
(2) Supplementation of Disclosure. The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct.
A represented party’s mandatory disclosure or supplement must be signed by an attorney of record, while an unrepresented party must sign it; the signature certifies completeness after reasonable inquiry.
Court's wording
(3) Signing of Disclosure. Every mandatory disclosure or supplement made by a party represented by counsel shall be signed by at least one attorney of record. A party who is not represented by counsel shall sign the disclosure. The signature of counsel or the party constitutes a certification that to the best of the signer’s knowledge, information, and belief, formed after the reasonable inquiry, the disclosure is complete as of the time it was made.
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.
When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading.
A motion seeking leave to file a specified pleading must include a copy of the proposed pleading or amendment, and the original must be lodged with the Clerk.
Court's wording
Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court to file, the movant shall file with the motion, a copy of the proposed pleading or amendment and lodge the original with the Clerk of Court.
The sender shall, on the date of the facsimile transmission, mail the original of whatever is sent by facsimile to the clerk of court by first class mail. The original must be signed pursuant to Rule 11, M. R. Civ. P.
The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.
A facsimiled document must show all necessary signatures or it will not be filed by the clerk.
When briefing a summary-judgment motion, parties must include factual issues in the brief and may not file or attach a separate statement of those issues.
Court's wording
No separate statement of genuine issues, disputed, or undisputed facts shall be filed by any party when briefing a Motion for Summary Judgment, nor may a separate statement be submitted as an attachment. Rather, all such issues shall be included in the brief that is subject to the page limitation.
The parties must provide agreed proposed jury instructions and a stipulation signed by all counsel, with a brief description of the instructions that remain contested.
Court's wording
B. Stipulated Jury Instructions. The parties shall provide a set of proposed jury instructions upon which the parties agree, as well as a stipulation thereto, signed by counsel for all parties. Such stipulated instructions shall be provided to the Court via the same methods described in Rule 12(B). The stipulation accompanying the stipulated instructions shall include a brief description of which proposed instructions remain contested.
Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions.
Unless appearing especially on behalf of one of the attorneys of record, no attorney, unless the attorney’s name appears on the pleading in the case, may participate in any proceedings in the case until the attorney’s name has been entered of record.
When an attorney’s authority is disputed, the attorney must have a written client-signed agreement filed in the case record, or the party must have personally signed the pleadings through which the attorney appears.
Court's wording
In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has an agreement in writing, signed by the client and filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein.
In all civil cases in which attorney’s fees are granted, the party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Before a guilty plea is accepted, defense counsel must file a fully executed waiver-of-rights acknowledgment consistent in form and content with the version on file with the Clerk.
Court's wording
Before the judge will accept any plea of guilty, the attorney for the defendant shall file with the Court a fully executed acknowledgment of waiver of rights by plea of guilty, in the form and with content consistent with the one on file with the Clerk in the general order file, copies of which shall be available from the Clerk.
The notice of appeal must clearly state whether the case was decided in a court of record and identify the governing standard of review.
Court's wording
The appealing party must clearly indicate on their notice of appeal whether the case was decided in a court of record. Further, the notice of appeal must clearly indicate the standard of review governing the appeal, be it de novo or another more deferential standard.
The motion shall clearly state that the moving party has consulted with the opposing party(s) and their counsel and shall indicate whether the motion is opposed.
Such reminders shall be titled “Note of Issue”.
- Document
- Reminder letter
Must include
- •Note of Issue
The mediator’s report must state that the conference was held and describe any issues that were settled.
Court's wording
C. Report of the Mediator. Within five (5) days of the completion of the mediation, the mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.
Objections to the Standing Master’s findings, conclusions, or order must be written and specific.
- Document
- Objections
Include
- •Written specific objections
Court's wording
Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.
Upon representation to the Court by the moving party that opposing counsel was notified and does not object to the motion, the Court may sign the order.
Filing & Service rules
Electronic Filing Rules
Electronic copies of proposed jury instructions and verdict forms must be provided to the Court in Word format by email, CD, or other electronic media; email is preferred.
Electronic copies of the proposed instructions and verdict forms shall be provided to the Court in Word format, via email, CD, or other electronic media. The Court’s preferred method of receiving proposed instructions and verdict forms is by email.
Page 10 | RULE 12 – TRIALS
Registered users must submit proposed orders through the electronic filing system.
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
Page 17 | RULE 30 – ELECTRONIC FILING
Lawyers appearing in cases in Stillwater and Big Horn Counties must register for and begin using the electronic filing system.
All lawyers admitted to practice in Montana, or those appearing pro hac vice, who shall appear in cases filed in the these counties shall become registered users of the electronic filing system and begin using the electronic filing system.
Page 17 | RULE 30 – ELECTRONIC FILING
Use of the electronic filing system is mandatory for covered lawyers in all cases in counties that adopted it, regardless of filing date, subject to a narrowly limited waiver.
Consistent with Electronic Filing Rule 2(b), use of the electronic filing system for all lawyers admitted to practice in Montana, or those appearing pro hac vice, is mandatory in all cases in counties that have adopted electronic filing. Mandatory use of the electronic filing system shall apply to all cases, irrespective of filing date. Upon application to the Judge of the Twenty-Second Judicial District, waivers for use of the system may be granted for compelling or extenuating circumstances. Such waivers will only be granted upon a showing of genuine necessity.
Page 17 | RULE 30 – ELECTRONIC FILING
Documents that may be filed by mail may be filed by facsimile under the stated procedure, unless the county has adopted electronic filing.
Any document which may be filed by mail can be submitted by facsimile transmission using the following procedure. However, documents may not be filed via facsimile if the county where the case is taking place has adopted electronic filing.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing
Registered users must keep their electronic filing profiles current, accurate, and complete and notify the appropriate county Clerk of Court if their email address changes.
All registered users of the electronic filing system are responsible for keeping the registration information profile current, accurate and complete in the electronic filing system by notifying the Clerk of Court of the appropriate county should the registered users email address change.
Page 17 | RULE 30 – ELECTRONIC FILING
Self-represented litigants are not currently required to use the electronic filing system but are strongly encouraged to register.
While use of the electronic filing system is not currently mandatory for self- represented litigants, self-represented litigants are strongly encouraged to become registered users of the system.
Page 18 | RULE 30 – ELECTRONIC FILING
Filing Timing and Cure Windows
A matter may not be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
Page 3 | Rule 2 – Law and Motion
Every party must file an appropriate disclosure at least fifteen days before the Case Scheduling Conference.
Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.
Page 5 | RULE 6 – SCHEDULING, CONFERENCES, ORDERS, DISCOVERY RULES, C. Discovery Rules
Briefs due on a date certain must be filed by 5:00 p.m. that day; a late filing may be disregarded or sanctioned unless the Court approved an extension beforehand and the requesting party notified each party.
All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed on or before 5:00 p.m. by that date. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court’s disregarding the brief and/or subject counsel to an appropriate sanction.
Page 7 | RULE 10 – FILINGS, G. Brief Deadlines
A written order or judgment must be presented to the Clerk for filing immediately after it is made.
When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.
Page 7 | RULE 10 – FILINGS, F. Orders
The Clerk files the original, but the filing date is deemed to be the date of the facsimile transmission.
The original document shall be filed by the clerk and the date of filing shall be deemed to be the date of the filing of the facsimile transmission.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
The signed original must reach the Clerk within five working days after the facsimile filing; otherwise the facsimiled document will be stricken and have no effect, unless the Court extends the time.
Unless an order of court is obtained extending the time, failure of the clerk to receive the signed original within five (5) working days shall cause the facsimiled document to be stricken and it shall be of no force or effect whatsoever. It shall be the obligation of the party filing the facsimiled document to ensure the original is received by the clerk of court within the allotted five (5) working days.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
A facsimile filing is filed on the date and time the Clerk receives the transmission.
The date and time of receipt of the transmission by the clerk of court shall be the date and time of filing.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, i
The mediator must submit a report within five days after mediation, stating that the conference was held and describing any issues settled.
C. Report of the Mediator. Within five (5) days of the completion of the mediation, the mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any.
Page 9 | RULE 11 – MEDIATION
Counsel must present an order to the Clerk immediately after the Court makes it.
When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
Orders, decrees, and judgments must be filed immediately after the Court signs them.
All orders, decrees and judgments shall be immediately filed following signature by the Court.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
Counsel must present the written order, judgment, or decree when applying for it.
It shall be the duty of counsel obtaining any order, judgment or decree to present the same in written form for the signature of the judge at the time of applying for the order, judgment or decree.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
A copy of an order whose original is being taken out for service must be presented to the Clerk immediately upon signing.
A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk immediately upon the signing thereof.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES
The opposing party must file a request for a hearing on the reasonableness of claimed attorney fees within ten days; otherwise, the right to a fees hearing is waived.
The opposing party shall within ten (10) days thereafter file a request for a hearing on the reasonableness of the claimed attorney fees. The attorney fees hearing will not consider whether attorney fees are appropriate, but rather will be limited to whether the amount of fees claimed are reasonable. Failure to file such a request shall be deemed a waiver of right to a hearing on fees.
Page 12 | RULE 17 - ATTORNEYS
Dispositive motions must be made as directed in the Omnibus Hearing Order.
Dispositive motions shall be made as directed in the Omnibus Hearing Order.
Page 13 | RULE 24 – CRIMINAL CASES
After arraignment, the State or defendant may make any motion permitted under the Montana Rules of Criminal Procedure, and the moving party must notice it for hearing.
The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and said motion shall be noticed for hearing by the moving party.
Page 13 | RULE 24 – CRIMINAL CASES
Unless the defendant effectively waives it, the PSI must be completed and filed with the Court no later than 10 days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 14 | RULE 24 – CRIMINAL CASES
A party must file written specific objections or apply for an extension within 10 days after service of notice of the findings, conclusions, or order to prevent the Standing Master’s judgment from becoming final.
Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.
Page 18 | RULE 31 – STANDING MASTERS
Counsel seeking to appear remotely must file a motion no later than 48 hours before the hearing or conference.
If a counsel wishes to appear remotely, they must file a motion with the Court no later than forty-eight (48) hours prior to the date of the hearing or conference.
Page 18 | RULE 32 – REMOTE APPEARANCES
When the Court has discretion to consider a motion or defense after a statutory date, a party does not lose the right to present it by waiting until the Omnibus hearing.
In all cases in which the Court has discretion to consider a motion or allow the exercise of a defense at a later date than that designated in any statute, no party shall be deprived of the right to make such a motion to designate such defense by waiting to present the same at the time of the Omnibus hearing, as contemplated by this rule.
Page 14 | RULE 24 – CRIMINAL CASES
Service and Proof of Service Rules
Proof of service for papers required or permitted to be served must be filed promptly with the Clerk of Court and before the Court or parties take action, except when the rules or statutes prescribe a particular method of proof.
Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in the M.R.Civ.P. or other applicable statutes, 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.
Page 4 | Rule 5 – Service of Process and Papers
Except with leave of Court, a party must make the required disclosure before seeking discovery and serve it before seeking discovery from another party.
(1) Except with leave of Court, a party may not seek discovery from any source before making an appropriate pre-discovery disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure.
Page 5 | RULE 6 – SCHEDULING, CONFERENCES, ORDERS, DISCOVERY RULES, C. Discovery Rules
Every party must serve and file an appropriate disclosure at least fifteen days before the Case Scheduling Conference.
Every party shall serve and file an appropriate disclosure not later than fifteen days in advance of the Case Scheduling Conference.
Page 5 | RULE 6 – SCHEDULING, CONFERENCES, ORDERS, DISCOVERY RULES, C. Discovery Rules
If the original is not served on the day of the facsimile filing, the facsimile document must be served as provided by Rule 5, M. R. Civ. P.
If the original is not served on the same day as the facsimile filing transmission, service of the facsimile document must be made as provided in Rule 5, M. R. Civ. P.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, i
The original must be served as provided by Rule 5, M. R. Civ. P., and its certificate of service must state that a facsimile was sent to the Clerk and give the transmission date.
Service of the original must be made as provided in Rule 5, M. R. Civ. P. The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, ii
The mediator’s report must be filed with copies to the Court, all counsel of record, and any unrepresented parties.
The report shall be filed with copies to the Court, all counsel of record, and any parties not represented by counsel.
Page 9 | RULE 11 – MEDIATION
In a civil action, proposed jury instructions must be presented to the Court and served on each adverse party as directed by the jury trial preparation order.
C. Jury Instructions. Proposed instructions to the jury in a civil action shall be presented to the Court and served upon each adverse party as stated in the jury trial preparation order.
Page 10 | RULE 12 – TRIALS
An attorney may withdraw only with the client’s consent or Court permission after notice is served on the parties and opposing counsel, subject to the stated legal provisions.
Except as otherwise provided by law, no attorney may withdraw from any case except by consent of the client or by leave of the Court after notice has been served on the parties and opposing counsel. This provision is subject to §§37-61-403 through 37-61-405, MCA and Rule 10, UDCR.
Page 12 | RULE 17 - ATTORNEYS
The attorney-fee affidavit must be served on opposing counsel in civil cases where fees are granted.
In all civil cases in which attorney’s fees are granted, the party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Page 12 | RULE 17 - ATTORNEYS
Copies of the executed guilty-plea acknowledgment must be served on the persons and at the time designated by the form.
Copies of the executed document shall be served upon the persons designated by said form and at the time provided.
Page 13 | RULE 23 – GUILTY PLEA
A copy of the transcript request must be filed and served.
shall file and serve a copy of his/her request
Page 13 | RULE 22 – TRANSCRIPT
In counties that adopted electronic filing, the appropriate County Clerk of Court must serve documents issued by the Judge or Standing Master, whether or not the case requires mandatory e-filing.
Service of any notice, order, judgment or other document issued by the Judge or Standing Master of the Twenty-Second District in counties that have adopted electronic filing shall be accomplished by the appropriate County Clerk of Court consistent with Electronic Filing Rule 6. The Clerk of Court’s responsibility to provide service is irrespective of whether the type of case requires mandatory filing or not.
Page 17 | RULE 30 – ELECTRONIC FILING
Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.
Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgment is final.
Page 18 | RULE 31 – STANDING MASTERS
After the appeal is filed and the Clerk receives the record, the Clerk must mail the parties a letter identifying the District Court appeal and assigned case number.
When an appeal from Justice or City Court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a letter indicating that the matter has been appealed to District Court and indicating what the assigned District Court case number is.
Page 14 | RULE 25 – APPEALS FROM JUSTICE OR CITY COURT
A party may serve written interrogatories at the same time it serves the required disclosure statement.
A party may serve written interrogatories upon a party simultaneously with service of the required disclosure statement upon that party.
Page 5 | RULE 6 – SCHEDULING, CONFERENCES, ORDERS, DISCOVERY RULES, C. Discovery Rules
Filing Fees and Waivers
A motion for substitution of judge must be accompanied by the required filing fee when filed, or it will be stricken.
All motions for the substitution of Judge shall be accompanied by the required filing fee at the time of filing, otherwise the motion shall be stricken.
Page 3 | Rule 3 – Substitution of Recusal of Judge
A document requiring a filing fee will not be accepted or filed unless the fee is paid or the Court approves a fee waiver in writing.
The Clerk of Court shall not accept or file any document required to be accompanied by a filing fee, unless the fee is paid or the Court has approved a fee waiver in writing.
Page 7 | RULE 10 – FILINGS, A. Filing Fees
Facsimile filing does not change or delay required fees, which must be paid as and when the Clerk requires; the sender also bears facsimile-equipment and telephone-service costs.
The use of facsimile transmission shall not change or delay the required payment of fees. It shall be the obligation of the person filing the facsimiled document to pay any required fees in the manner and within the time required by the clerk of court. It shall be the obligation of the person facsimileing any document to pay any costs associated with use of facsimile equipment or telephone services.
Page 8 | RULE 10 – FILINGS, J. Facsimile Filing, iii
Courtesy Copy Requirements
Courtesy copies of all filings are mandatory and should be provided to the Court Administrator at the same time they are filed with the appropriate Court Clerk; omission may delay review.
Courtesy copies of all filings are mandatory and should be provided to the Court Administrator simultaneously with their filing with the appropriate Court Clerk. Failure to provide a courtesy copy may delay the Court’s review of the filing.
Page 8 | RULE 10-1 – COURTESY COPIES
Courtesy copies of motions and briefs must be made available to the Court even in counties with e-filing; they may be mailed, faxed, or emailed to Chambers, with email to the Court Administrator strongly preferred.
Courtesy copies for all motions and briefs filed with the Clerk of Court shall be made available to the Court for consideration. See Local Rule 10-1, supra. Copies may be mailed, faxed or emailed to the Court Chambers in Columbus, Montana. The Court strongly prefers that courtesy copies are provided to the Court Administrator via email. Courtesy copies must be provided even if the county where the case is taking place has adopted e-filing.
Page 8 | RULE 10 – FILINGS, I. Courtesy Copies
The Court must receive the original and one copy of each proposed instruction; the working copy must identify the requesting party, be consecutively numbered, and include an attached page citing its source and any supporting authority.
The original and one copy of each instruction proposed must be furnished to the Court. The Court’s working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and on an attached page, contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein.
Page 10 | RULE 12 – TRIALS
Counsel must provide Chambers with a courtesy copy of every document.
Registered users are also reminded that pursuant to Twenty-Second Judicial District Local Rules a courtesy copy of all documents must be provided to Chambers by counsel.
Page 17 | RULE 30 – ELECTRONIC FILING
Adjournment & Extension Requirements
A motion to postpone or continue trial because a witness or evidence is absent must be supported by an affidavit showing the expected evidence’s nature and materiality, timely diligent efforts to secure it, and reasonable grounds for its production.
A. Absence of Witness or Evidence. Pursuant to §25-4-201, MCA, a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance s granted.
Page 10 | RULE 13 – POSTPONEMENT OF TRIALS
An extension beyond the statutory time to prepare a transcript generally requires a prior written request to the Court Reporter, filing and serving a copy of the request, and satisfactory arrangements to pay estimated fees; good cause is an exception.
Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the Court Reporter for a transcript of the notes of the testimony and shall file and serve a copy of his/her request and, at the same time, make satisfactory arrangements to pay the estimated fees required.
Page 13 | RULE 22 – TRANSCRIPT
The Court may continue a scheduled hearing on a pending motion on its own initiative or on a party’s written motion, with prior notice to all parties.
Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with prior notice to all parties.
Page 4 | Rule 4 – Motions, Briefs, Extension, Presentation
When the absent evidence would be admissible and the adverse party stipulates it may be considered as given at trial, postponement or continuance is unavailable unless the Court finds that proceeding without it would work an injustice on the moving party.
If the testimony or the evidence would be admissible upon the trial and the adverse party stipulates that it shall be considered as actually given on the trial, there shall be no postponement or continuance unless, in the opinion of the Court, a trial without the witness or evidence would work an injustice on the moving party.
Page 10 | RULE 13 – POSTPONEMENT OF TRIALS
If a jury-trial action is continued within 96 hours of trial, the Court may require the moving party to reimburse the Clerk for the Clerk’s expenditures.
B. Late Continuances. If any action set for a jury trial is continued within 96 hours of the trial date the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.
Page 10 | RULE 13 – POSTPONEMENT OF TRIALS
The Court may refuse to vacate a trial setting because of a plea agreement until the defendant appears and enters a plea acceptable to the Court.
At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court.
Page 14 | RULE 24 – CRIMINAL CASES
Chambers Communication Rules
Counsel must notify the appropriate County Clerk by noon on the preceding business day of matters to be placed on the law-and-motion calendar.
Counsel shall notify the Clerk of District Court in the appropriate County by 12:00 p.m. on the preceding business day of matters to be placed on the law and motion calendar.
Page 2 | RULE 2 – LAW AND MOTION, D. Calendar Preparation
Counsel must notify the local judge reasonably in advance of proceedings and, with the Court Administrator’s assistance, arrange necessary personnel and facilities for the case and outside judge.
It shall be the duty of counsel, reasonably in advance of any proceedings to be taken therein, to notify the local judge and with the Court Administrator’s assistance make arrangements for all personnel and facilities necessary to accommodate the needs of the case and the outside judge.
Page 3 | Rule 3 – Substitution of Recusal of Judge
Schedule contested matters, matters involving factual questions, or presentations over 30 minutes through the Court Administrator at the listed phone number, unless the Judge has scheduled them.
Unless scheduled by the Judge, contested matters, matters involving questions of fact, or matters requiring more than thirty (30) minutes for presentation shall be scheduled through the Court’s Administrator at (406) 322-5406.
Page 3 | Rule 2 – Law and Motion
Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court without opposing counsel present or notified, unless counsel has given prior approval or stipulated.
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.
Page 6 | RULE 7 – COMMUNICATIONS WITH THE COURT, B. Ex Parte Communications
All communications with the Court must go through the District Court Administrator or the Clerk of Court.
All communications with the Court shall go through the District Court Administrator or the Clerk of Court to ensure that no ex parte communications take place and to ensure judicial economy.
Page 6 | RULE 7 – COMMUNICATIONS WITH THE COURT, A. Communications
Counsel must tell the Court whether the case will proceed to a jury trial at least 14 days before trial, unless the Court orders another time; failure may lead the Court to vacate and reset the trial date.
Counsel shall inform the Court no later than fourteen (14) days prior to trial regarding whether the cause will proceed to a jury trial, or at such other time that the Court may order. Failure to advise the Court shall be grounds for the Court to vacate and reset the trial date. The next regularly scheduled case shall then have priority for trial.
Page 14 | RULE 24 – CRIMINAL CASES
Consult the appropriate County Clerk of Court to determine law-and-motion dates and times.
Consult the Clerk of Court for each County to determine the time and date of law and motion.
Page 2 | RULE 2 – LAW AND MOTION, A. Day and Time
The Court will not consider an ex parte matter if the opposing party is represented by counsel, or if the party’s location is known but the party has not been served.
No ex parte matter will be considered if the opposing party is represented by counsel or if the opposing party’s location is known but the party has not been served.
Page 3 | Rule 2 – Law and Motion
Counsel must contact the appropriate county Clerk of Court to determine which cases require mandatory electronic filing.
Counsel shall contact the appropriate Clerk of Court to determine which cases implicate mandatory electronic filing.
Page 17 | RULE 30 – ELECTRONIC FILING
Emergency matters may be mailed or delivered to the Court with a request for immediate attention.
Emergency matters requiring the Court’s attention may be mailed or delivered to the Court with a request for the Court’s immediate attention.
Page 3 | Rule 2 – Law and Motion
If a matter has been under advisement for more than ninety days, each affected party is encouraged to send the Court a reminder letter describing the matter and stating when 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 ninety (90) 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 6 | RULE 7 – COMMUNICATIONS WITH THE COURT, C. Reminders to the Court
Counsel may request issuance of an order in person or by email.
Requests for the issuance of an order may be made by counsel in person or via email.
Page 11 | RULE 15 – ORDERS, JUDGMENTS AND DECREES