Stillwater County District Court, Montana Service and Proof of Service Rules

CRITICAL

Applies to

Facsimile document

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.

CRITICAL

Applies to

Proposed jury instructions

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A copy of the transcript request must be filed and served.

shall file and serve a copy of his/her request

CRITICAL

Applies to

Original document

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice order judgment or other document issued by judge or standing master

Service

Court service

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.

CRITICAL

Applies to

Written specific objections

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.

CRITICAL

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.

WARNING

Service

Mail to all parties

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.

INFO

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.