Stillwater County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Facsimiled document

On the date of a facsimile transmission, the sender must mail the original to the Clerk by first-class mail, and the original must be signed as required by Rule 11, M. R. Civ. P.

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.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that a facsimile transmission was sent to the Clerk and give the transmission date.

The certificate of service must reflect that a facsimile transmission was sent to the clerk of court, and the date of such transmission.

CRITICAL

Applies to

Pleading

A pleading that incorporates a jury-trial demand must indicate the demand in both its title and its body.

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.

CRITICAL

Applies to

Motion for leave to file 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.

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.

CRITICAL

Applies to

Mandatory disclosure

The required disclosure must include the specified factual and legal bases, knowledgeable individuals, relevant materials, damages computation, and applicable insurance information.

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.

CRITICAL

Applies to

Facsimiled document

A facsimiled document must show all necessary signatures or the Clerk will not file it.

A facsimiled document must show all necessary signatures or it will not be filed by the clerk.

CRITICAL

Applies to

Disclosure supplement

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.

(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.

CRITICAL

Applies to

Proposed order

Counsel must provide the Court Administrator an electronic copy of the proposed order in Word format.

Counsel shall provide an electronic copy of the proposed Order in Word format to the Court Administrator.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

If oral argument is desired, counsel must include a proposed order granting oral argument with the motion.

Counsel shall include with their motion a proposed Order granting oral argument if such is desired.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must include a proposed order for the Court’s signature with every motion.

Counsel shall include with all motions a proposed Order for the Court’s signature.

CRITICAL

Applies to

Motion

A motion for remote appearance must state that the moving party consulted the opposing party and counsel and indicate whether the motion is opposed.

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.

CRITICAL

Applies to

Brief

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.

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.

CRITICAL

Applies to

Stipulated jury instructions

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.

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.

CRITICAL

Applies to

Motion

The title of every motion must identify the applicable Montana Rules of Civil Procedure rule number.

All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must clearly state whether the case was decided in a court of record and identify the governing standard of review.

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.

CRITICAL

Applies to

Proposed verdict forms

Each party must submit proposed verdict forms at the same time and in the same manner as its proposed jury instructions.

Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions.

CRITICAL

Applies to

Written agreement

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.

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.

CRITICAL

Applies to

Mandatory disclosure

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.

(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.

CRITICAL

Applies to

Guilty plea acknowledgment of waiver of rights

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.

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.

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

Affidavit

In civil cases where attorney fees are granted, the party seeking fees must file and serve on opposing counsel an affidavit itemizing the claim.

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.

CRITICAL

Applies to

Proposed order

A proposed order granting oral argument must leave blanks for the Court to fill in the date and time.

The proposed Order granting oral argument shall include blanks for the Court to fill in the date and time.

WARNING

Applies to

Objections

Objections to the Standing Master’s findings, conclusions, or order must be written and specific.

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.

WARNING

Applies to

Mediator report

The mediator’s report must state that the conference was held and describe any issues that were 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.

WARNING

Applies to

Reminder letter

Such reminders shall be titled “Note of Issue”.

Such reminders shall be titled “Note of Issue”.

INFO

The Court may sign an order if the moving party represents that opposing counsel was notified and does not object to the motion.

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.