Sweet Grass County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Jury Instruction
- 1 copy
Communication
Clerk
Phone
Clerk
Phone
Clerk
Page & Word Limits1 rule
No brief shall exceed 20 pages in length, exclusive of indices and appendices, without prior leave of the Court.
- Brief
- Up to 20 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements13 rules
Email documents must be in PDF format and submitted as an attachment to email.
- File type
- Email document
Formatting
- •Submit the document as an attachment to the email
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.
All proposed Orders in cases not e-filed shall be e-mailed as attachments in Word format to the Court Administrator.
All procedural motions shall be accompanied by a proposed Order in Word format.
Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.
Any order in an e-filed case shall be presented to the Court for signature by e-filing in Word format.
Formatting
- •Word format
All proposed Orders, Judgments and Decrees in cases not e-filed shall be filed and e-mailed as attachments in Word format to the Court Administrator.
Formatting
- •Word format
during a non-jury trial, will present the court with a notebook with all exhibits individually tabbed.
Proposed instructions to the jury in a civil action shall be presented to the Court, or e-filed in Word format in applicable cases, and served upon each adverse party as stated in the jury trial preparation order. 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. The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions. Proposed verdict forms must be submitted by each party at the same time and in the same manner as the jury instructions. If proposed jury instructions and verdict forms are not e-filed, the Court requests that each party submit proposed jury instructions and verdict forms to the Court Administrator via e-mail attachment in Word format.
The Court requests that the parties submit proposed Findings of Fact and Conclusions of Law in Word format by e-filing where applicable, or via e-mail attachment in Word format to the Court Administrator.
- File type
- Word
Counsel are encouraged to pre-label their proposed exhibits
Offers of proof may be in writing or may be entered in the Court Reporter's record outside the presence and hearing of the jury, as may be decided by the Court.
Document Filing Requirements56 rules
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.
A motion for leave to file a pleading must include a proposed order; if leave is granted, the movant may then file the pleading or amendment.
- Document
- Motion for leave to file pleading
Must include
- •Proposed order
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 of Court to file, the movant shall file with the motion a proposed Order. If leave to file is granted, the movant may then file the pleading or amendment.
Any ex parte motion must be accompanied by a proposed order setting a time and date for further hearing.
- Document
- Ex parte motion
Must include
- •Proposed order
Pursuant to Rule 4, UDCR, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court.
Before an ex parte order issues, the requesting party must file a written certification documenting specified notice to the opposing party, unless extraordinary circumstances exist.
Court's wording
Absent extraordinary circumstances, prior to the issuance of an ex parte order, the party seeking such order must file a written certification with the court declaring that the opposing party has been contacted and given reasonable notice of: 1) the time and place of the filing of the ex parte motion; 2) the substance of the order sought; and 3) whether the opposing party opposes the motion.
Counsel shall include an e-mail address for themselves or their firm on all filings.
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.
All documents must be properly signed and dated.
A request in a driver's-license suspension or revocation petition to return the license pending the hearing must state whether the petitioner has prior alcohol- or drug-related driving convictions and when they occurred.
Court's wording
When a petition to challenge a driver's license suspension or revocation is filed and, as a part of the petition, a request is made by petitioner, pursuant to §61-8-403(3), M.C.A., to return his or her driver's license pending the hearing, the request will indicate whether the petitioner has had any prior alcohol or drug-related driving convictions and when they occurred.
Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.
- Document
- E-filed motion
Must include
- •Proposed order
All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.
All procedural motions shall be accompanied by a proposed Order in Word format.
- Document
- Procedural motion
Must include
- •Proposed order
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
All motions to re-set a hearing or trial must include information regarding available dates, to avoid multiple re-settings.
The party requesting any Civil order, judgment, or decree must present the same through e-filing or in written form for the signature of the Court at the time of applying for the Order, Judgment, or Decree.
For the specified dissolution cases, the documents must be accompanied by a completed Vital Statistics form and proposed order.
Court's wording
3. Dissolutions- a) Where both parties file a waiver of hearing; b) there are notarized written agreements on all issues; and c) a completed Vital Statistics form, judgment fee and proposed order accompanies documents.
A Pre-Discovery Disclosure must include the specified factual and legal bases, witness information, relevant materials, damages computation, and insurance information stated in the rule.
Court's wording
The disclosure shall contain the following information: (a) the factual basis of every claim or defense advanced 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 reasonable 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
The order setting trial shall include a witness and exhibit list submission deadline, a jury instruction and objection to jury instruction deadline, (if applicable), a final pre-trial conference date, and a trial date.
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 reasonable inquiry, the disclosure is complete as of the time it was made.
If the informal discovery conference does not resolve the discovery dispute, the discovery motion may be filed, stating with specificity the matters upon which the motion is based.
A party must supplement or correct an incomplete or outdated pre-discovery disclosure within a reasonable time after learning it is inaccurate or incomplete.
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.
Dates for addition of parties, identification of expert witnesses, motions, hearings and settlement conferences shall be set forth in the Case Scheduling Order or Order Scheduling Trial issued by the Court.
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.
The settlement report must state that the conference was held and describe any issues settled; if the case is not fully settled, it must include the anticipated trial length, legitimate unavailability dates, trial-scheduling requests or needs, and whether settlement remains reasonably possible.
Court's wording
Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any. In the event that the case is not fully settled, the form shall also state the following information obtained from counsel for the parties and any unrepresented party: (!) the length of time anticipated to be necessary for trial; 2) dates counsel or key witnesses are legitimately unavailable for trial; 3) any special requests or needs regarding trial scheduling; and whether there is still a reasonable prospect for settlement.
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.
Proposed verdict forms must be submitted by each party at the same time and in the same manner as the jury instructions.
A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.
Counsel must provide the appropriate, court-approved Order to the Court to withdraw, which form is available from the Court Administrator. The Order must provide, for an unresolved case, that opposing counsel provide a Rule 10 Notice.
In all civil cases in which attorney's fees are awarded, the party awarded attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
In a civil case, each party must submit a Trial Position Statement by the deadline in the trial-scheduling order or at least 10 days before trial, including the trial issues, described witnesses, and exhibits.
- Document
- Trial position statement
Must include
- •Exhibit list
Court's wording
At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.
In any marital dissolution, legal separation, or parenting action filed by pro se litigants, the Petitioner shall be provided two copies of the Temporary Economic Restraining Order.
The Court will consider a stipulation only if it is submitted in writing and subscribed by the party against whom enforcement is sought or that party's attorney.
Court's wording
No agreement or stipulation between the parties or their attorneys with respect to the proceedings in any cause will be considered for any purpose by the Court unless it is submitted in writing, subscribed by the party against whom it is sought to be enforced, or by his attorney.
Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court in a format suitable for signature by the Court, together with a copy for the Court.
If parties wish to have a stipulation confirmed by the Court, then they must accompany the stipulation by a proposed Order.
- Document
- Stipulation
Must include
- •Proposed order
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
- Document
- Verified financial affidavit
Must include
- •Verified financial affidavits
A party commencing one of the listed actions must include in the Petition, when the proceeding begins, a statement about whether any involved children receive or have applied for public assistance.
Court's wording
The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.
If the Court orders a parenting investigation, the resulting report must be returned to the Court, the parties, and their attorneys as soon as reasonably possible.
Court's wording
Upon request of either party or sua sponte, the Court may order that the matter be referred to appropriate professional persons at the cost of one or both parties for investigation, report, and recommendation regarding parenting time of each child and parent. The report shall be returned to the Court, the parties, and their attorneys as soon as reasonably possible thereafter.
In such cases, when the class is complete, the parents must file a certificate of completion with the Court.
In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.
The party or counsel must file proof of the required notice with the Clerk of Court.
Court's wording
Upon filing of a Complaint or Petition which indicates the children involved are, at that time recipients of, or applicants for, public assistance, the party or counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court.
When the stated District Court action involves parties to a self-help temporary protection order proceeding, counsel or the lower-court petitioner must promptly notify the lower court, seek suspension of further proceedings, and have the pleadings and orders certified to the District Court Clerk.
Court's wording
When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.
At arraignment, the Court will issue a Discovery Order and Order Setting Informal Omnibus Hearing, and shall direct that an omnibus hearing form be completed and filed.
The Order setting trial shall include deadlines for expert witness disclosure, motions, a date and time for jury trial verification, and jury instructions.
The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice or City Judge transfers the cause to the District Court.
No real estate bond will be considered by the Court and may not be filed unless it complies with all requirements of §46-9-403, M.C.A.
In the specified direct-information procedure, the original bond transmittal must be filed with the District Court Clerk.
Court's wording
Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above. The original bond transmittal must be filed with the Clerk of the District Court, and the Justice of the Peace shall receive a copy.
When the County Attorney proceeds by motion for leave to file an information direct in a case with original District Court jurisdiction, the Justice of the Peace must promptly endorse the bond information on both request copies and transfer the bond to the District Court.
Court's wording
Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above.
All bonds presented to the District Court for approval shall recite that they are payable to the District Court.
For a cash bond, the Justice or City Judge must deposit an instrument for the full bail amount and identify who posted it.
Court's wording
If the bail is satisfied by a cash bond, the Justice or City Judge must deposit a proper check, warrant, or draft for the full amount of the bail with a notation of the party or person who actually posted the cash bond.
In any criminal case where a defendant has appeared voluntarily or there is a stipulation with the County Attorney's office for a defendant to appear, and there is an outstanding bench warrant, defense counsel or the County Attorney's office shall notify the Court, in writing, to quash the warrant.
After a conviction or guilty plea, the pre-sentence report officer's recommendation must address the defendant's present or future ability to pay defense counsel costs.
Court's wording
In the event of a Defendant's conviction or plea of guilty, the officer who prepares the pre-sentence report shall include in his recommendation to the Court, pursuant to §46-8-113, M.C.A., whether the defendant has the present or future ability to pay costs of his or her defense counsel.
Any pleading filed in a civil action which does not conform to Rule 10 or Rule 11 of the M.R.Civ.P. may be stricken by the Court on its own initiative and upon such terms as the Court deems just.
When a final disposition has been made of any case and the time for appeal has expired, counsel of record may be relieved of their duties as counsel of record provided they file a Notice of Termination with the Clerk of Court and serve the same on opposing counsel and their client.
A substitution of counsel should be completed and filed if the Defendant contracts with private counsel.
A substitution of counsel should be completed and filed if the defendant contracts private counsel.
If the bail furnished was a bail bond or other bond as permitted by § 46-9-401, M.C.A., the Justice or the City Judge must deliver the actual documents furnished as bond to the Clerk of the District Court.
Filing & Service rules
Electronic Filing Rules
Emergency matters must be e-filed when the case is eligible for e-filing; they may instead be mailed or delivered to the Court with a request for immediate attention.
Emergency matters requiring the Court's attention must be e-filed in cases eligible for e-fiing, or may be mailed or delivered to the court with a request for the Court's immediate attention.
Page 4 | Rule 2. Law and Motion — Ex Parte Matters
In counties that do not currently use e-filing, documents must be filed as hard copies in person or by mail.
The filing method for documents in counties not currently e-filing is via hard copy filed in person or sent by mail.
Page 5 | Rule 4. Filings
An order in an e-filed case must be submitted to the Court for signature by e-filing.
Any order in an e-filed case shall be presented to the Court for signature by e-filing in Word format.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
E-filing and written submission are permitted alternatives for presenting a requested civil order, judgment, or decree for signature.
The party requesting any Civil order, judgment, or decree must present the same through e-filing or in written form for the signature of the Court at the time of applying for the Order, Judgment, or Decree.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
The report must be filed with the Clerk of Court or e-filed in applicable cases, with copies provided to all counsel of record and any unrepresented parties.
The report shall be filed with the Clerk of Court or e-filed in applicable cases, with copies to all counsel of record, and any parties not represented by counsel.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
Proposed jury instructions in civil actions must be presented to the Court or, in applicable cases, e-filed in Word format.
Proposed instructions to the jury in a civil action shall be presented to the Court, or e-filed in Word format in applicable cases, and served upon each adverse party as stated in the jury trial preparation order.
Page 11 | Rule 12. HEARINGS AND TRIALS
When necessary, documents in any county may be submitted for filing by email or fax.
When necessary, documents in any county may be submitted for filing by email or fax filing.
Page 5 | Rule 4. Filings
Once e-filing is implemented in a county, e-filing is the preferred filing method there.
Upon e-filing being implemented in any county, the preferred filing method for filing is via e-filing.
Page 5 | Rule 4. Filings
For the listed case types, documents are preferably submitted to the Court by U.S. mail or in person.
In the following cases: Adoption; Guardianship / Conservatorship / Treatment Court/ Search Warrant/ Investigative Subpoenas; Probates; and Fugitive Warrants, the preferred filing method for documents submitted to the Court is via US mail or in person.
Page 5 | Rule 4. Filings
If proposed jury instructions and verdict forms are not e-filed, the Court requests that each party email them as Word-format attachments to the Court Administrator.
If proposed jury instructions and verdict forms are not e-filed, the Court requests that each party submit proposed jury instructions and verdict forms to the Court Administrator via e-mail attachment in Word format.
Page 11 | Rule 12. HEARINGS AND TRIALS
The Court requests proposed findings and conclusions be submitted by e-filing where applicable or by email attachment to the Court Administrator.
The Court requests that the parties submit proposed Findings of Fact and Conclusions of Law in Word format by e-filing where applicable, or via e-mail attachment in Word format to the Court Administrator.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
If documents are filed by email, the originals do not need to be sent to the Clerk of Court.
If documents are emailed, the originals need not be sent to the Clerk of Court.
Page 5 | Rule 4. Filings
Filing Timing and Cure Windows
A written order or judgment must be presented to the Clerk for filing immediately after the Court makes it.
When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing.
Page 5 | Rule 4. Filings
Briefs due on a date certain must be filed by 5:00 p.m. that day; an extension requires prior Court approval and notice to each party, and an untimely brief may be disregarded with the attorney cited for contempt.
All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed by 5:00 p.m. by the date certain. 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 citing the delinquent party's attorney for contempt.
Page 5 | Rule 4. Filings
For motions under Rule 56(c)(2)(A), a hearing must be requested within 14 days after the reply-brief filing period expires to avoid waiver; oral argument is set only by Court order and at the Court's discretion.
Oral Arguments on motions under Rule 56(c)(2)(A), M.R.Civ.P. are waived unless a party requests a hearing within 14 days after the time for filing a reply brief has expired. Oral argument will be set only by Court order and at the Court's discretion.
Page 6 | Rule 5. Motions, Briefs, and Hearings
Within five days after the settlement conference or mediation, the Settlement Master or Mediator must submit a report stating that the conference occurred and identifying settled issues; if the case is not fully settled, the report must also provide specified trial and settlement information.
Within five (5) days of the completion of the Settlement Conference or Mediation, the Settlement Master or Mediator shall submit a report indicating that the conference was held and describing the issues that were settled, if any. In the event that the case is not fully settled, the form shall also state the following information obtained from counsel for the parties and any unrepresented party: (!) the length of time anticipated to be necessary for trial; 2) dates counsel or key witnesses are legitimately unavailable for trial; 3) any special requests or needs regarding trial scheduling; and whether there is still a reasonable prospect for settlement.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
The written audio/visual coverage request is due no later than five days before the proceeding.
A written request for audio/visual coverage must be submitted to the presiding Judge no later than five (5) days prior to the proceeding.
Page 12 | Rule 12. HEARINGS AND TRIALS
Proposed findings and conclusions are due within 15 days after trial unless the Court orders otherwise.
Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court in a format suitable for signature by the Court, together with a copy for the Court.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
In a civil case, the Trial Position Statement is due by the trial-scheduling order's deadline or at least 10 days before trial.
At least 10 days prior to trial, or by the deadline stated in the Order Scheduling Trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses with a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The notice to the Child Support Enforcement Bureau must be sent immediately upon filing the qualifying Complaint or Petition.
Upon filing of a Complaint or Petition which indicates the children involved are, at that time recipients of, or applicants for, public assistance, the party or counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 15 | Rule 22. CHILD SUPPORT
The required financial affidavits must be filed before entry of any child support order.
In any case in which the Court is requested to enter an order establishing or modifying child support, the parents Montana Child Support Guidelines Financial Affidavits shall be submitted to and filed with the Court prior to entry of any child support order as required by §40-4-204, M.C.A.
Page 15 | Rule 22. CHILD SUPPORT
The verified financial affidavits must be submitted within 30 days of the Respondent's first appearance.
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
Page 15 | Marital Dissolution or Parenting Actions
The public-assistance statement must be included in the Petition when the proceeding is begun.
The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the Petition a statement regarding whether any of the children involved are, at that time, recipients of, or applicants for, public assistance.
Page 15 | Rule 22. CHILD SUPPORT
When transfer papers are filed with the District Court Clerk, the bail must also be delivered to the Clerk.
At the time the papers transferring the case to the District Court are filed with the Clerk of the Court, the bail must also be delivered to the Clerk.
Page 17 | Criminal Actions
Pre-sentence investigations must be completed and their reports delivered to the Court and parties before the Court sets sentencing.
All Pre-Sentence Investigations shall be completed, and the reports based thereon delivered to the Court and to the parties, prior to the Court setting the time and date for sentencing.
Page 17 | Criminal Actions
In the specified direct-information procedure, the Justice of the Peace must transfer the bond to the District Court forthwith.
Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above.
Page 17 | Criminal Actions
After receiving the Supreme Court Administrator's notice, the Clerk must promptly notify the attorney that the matter will be brought to the Court's attention within 90 days unless good cause is shown.
In estate matters the Clerk shall notify the attorney of record immediately following receipt of the § 72-3-1015 M.C.A. Notice from the Supreme Court Administrator that, within ninety (90) days, in the absence of good cause shown to the Court, the matter shall be called to the attention of the Court so that the Court may order the personal representative and his attorney to appear and show cause why the estate has not been closed.
Page 19 | Rule 30. Estates to Be Closed Within Two (2) Years, Clerk's Duties
Within 90 days of the notice, the personal representative must close the estate or file a status report explaining why it cannot yet be closed; otherwise, the Court will schedule a show-cause hearing.
Accordingly, in keeping with Local Court Rule 30, the Personal Representative will have a period of ninety days from the date of this Notice to either close the Estate or, in the alternative, to file a Status Report stating why the Estate is not yet in a position to be closed. If this Estate is not closed within ninety days from the date of this Notice, and no Status Report has been filed stating adequate reasons for why the Estate is not yet in a position to be closed, then this file will be brought to the attention of the presiding judge and the Court will schedule a show cause hearing.
Page 19 | Rule 30. Estates to Be Closed Within Two (2) Years, Clerk's Duties
Parties must respond in writing to a Court request for a status report within 20 days.
Parties are to comply with such request within 20 days in writing.
Page 20 | Rule 33. Dismissal of Action for Laches
If a motion remains undecided 30 days after the motion and supporting and opposing briefs are fully submitted, counsel may request Court review; for a fully briefed matter, counsel may also file a Notice of Issue.
If a motion is not ruled upon within thirty (30) days of the date the motion and all supporting and opposing briefs are fully submitted for ruling, counsel may request that the Court review the motion. If a matter is fully briefed, counsel may file a "Notice of Issue" to bring the matter to the Court's attention.
Page 6 | Rule 5. Motions, Briefs, and Hearings
The opposing party may object to the reasonableness of claimed attorney fees within 14 days.
The opposing party may file an objection as to the reasonableness of the fees claimed within 14 days.
Page 13 | Rule 15. ATTORNEYS
The Court may receive additional proposed instructions addressing questions arising during trial until settlement of jury instructions is completed.
The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions.
Page 11 | Rule 12. HEARINGS AND TRIALS
In any other matter, counsel may submit a Trial Position Statement at least 10 days before the hearing.
In any other matter, counsel may submit a Trial Position Statement at least 10 days prior to hearing.
Page 14 | Rule 20. TRIAL POSITION STATEMENT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Service and Proof of Service Rules
Proof of service for papers must be filed promptly with the Clerk and before any action is taken on them, unless a specified rule or statute provides another 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 Rule 4 or 5, M. R. Civ.P. or other applicable statute, 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 3. Service of Process and Papers
Documents and proposed orders must be provided to opposing counsel or other parties using the same manner used to submit them to the Clerk.
All documents and proposed orders must be provided to opposing counsel and/or other parties in the same manner as submitted to the Clerk of District Court.
Page 4 | Rule 3. Service of Process and Papers
Each party must serve an appropriate disclosure no later than 30 days after entry of the Case Scheduling Order.
Every party shall serve an appropriate disclosure not later than thirty (30) days after entry of the Case Scheduling Order.
Page 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (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.
Pursuant to Rule 26, M.R.Civ.P., the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: (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 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES
Copies of the report must be provided to all counsel of record and any parties who are not represented by counsel.
The report shall be filed with the Clerk of Court or e-filed in applicable cases, with copies to all counsel of record, and any parties not represented by counsel.
Page 10 | Rule 11. ALTERNATIVE DISPUTE RESOLUTION
Proposed jury instructions in civil actions must be served on each adverse party as stated in the jury trial preparation order.
Proposed instructions to the jury in a civil action shall be presented to the Court, or e-filed in Word format in applicable cases, and served upon each adverse party as stated in the jury trial preparation order.
Page 11 | Rule 12. HEARINGS AND TRIALS
Except as provided in Rule 15.E., an attorney may withdraw only with the client's consent or court leave after notice is served on the parties and opposing counsel.
Except as provided in Rule 15.E. herein, 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.
Page 13 | Rule 15. ATTORNEYS
The attorney-fee affidavit must be served on opposing counsel.
In all civil cases in which attorney's fees are awarded, the party awarded attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim.
Page 13 | Rule 15. ATTORNEYS
The Notice of Termination must be served on opposing counsel and the client's party after it is filed to relieve counsel of record.
When a final disposition has been made of any case and the time for appeal has expired, counsel of record may be relieved of their duties as counsel of record provided they file a Notice of Termination with the Clerk of Court and serve the same on opposing counsel and their client.
Page 13 | Rule 15. ATTORNEYS
One copy of the Temporary Economic Restraining Order must be served on the Respondent with the Petition.
One copy shall be served upon the Respondent with the Petition.
Page 14 | Rule 21. MARITAL DISSOLUTION OR PARENTING ACTIONS
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party.
Page 15 | Marital Dissolution or Parenting Actions
When a Complaint or Petition indicates that involved children receive or have applied for public assistance, the party or counsel must immediately notify the Child Support Enforcement Bureau in writing and file proof of notice with the Clerk.
Upon filing of a Complaint or Petition which indicates the children involved are, at that time recipients of, or applicants for, public assistance, the party or counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 15 | Rule 22. CHILD SUPPORT
Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above. The original bond transmittal must be filed with the Clerk of the District Court, and the Justice of the Peace shall receive a copy.
Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bond, and must forthwith transfer the bond to the District Court as provided in (1) or (2) above. The original bond transmittal must be filed with the Clerk of the District Court, and the Justice of the Peace shall receive a copy.
Page 17 | Criminal Actions
The Clerk must mail the notice to the attorney of record.
The Clerk of the District Court shall mail to the attorney of record the following notice:
Page 19 | Rule 30. Estates to Be Closed Within Two (2) Years, Clerk's Duties
Placing copies in counsel's box at the Clerk's office is not proper service unless counsel gives prior written permission.
Proper service does not include placing copies in counsel's box in the Clerk of Court's office unless prior written permission is obtained from counsel.
Page 4 | Rule 3. Service of Process and Papers
A party may serve written discovery requests at the same time as serving the required disclosure statement on that party.
A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party.
Page 8 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES
Filing Fees and Waivers
The Clerk will not accept or file a document requiring a filing fee unless the fee is paid or the Court has approved 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 4 | Rule 4. Filings — Filing Fees
Judgment fees may be collected when the case begins but must be paid before or when a proposed Judgment or Decree is submitted.
Judgment fees may be collected at the outset of a case, but shall be paid prior to or upon submission of a proposed Judgment or Decree.
Page 4 | Rule 4. Filings — Filing Fees
Fax or email filing does not change or delay required fees, which the filer must pay in the required manner and time.
The use of fax or email transmission shall not change or delay the required payment of fees. It shall be the obligation of the person filing the fax or email document to pay any required fees in the manner and within the required time.
Page 5 | Rule 4. Filings
A complaint, petition, answer, or judgment will not be filed unless the required fee is paid or a fee waiver is approved.
No complaint, petition, answer or judgment will be filed without payment of the requisite filing fee or the approval of a waiver of fees.
Page 5 | Rule 4. Filings
The specified dissolution filings must include the judgment fee.
3. Dissolutions- a) Where both parties file a waiver of hearing; b) there are notarized written agreements on all issues; and c) a completed Vital Statistics form, judgment fee and proposed order accompanies documents.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
The Clerk of Court may charge the statutory filing fee for a pleading filed by fax or email.
As dictated by statute, the Clerk of Court may charge the filing fee for filing a pleading by fax or email. § 25-1-201(1)(r), M.C.A.
Page 5 | Rule 4. Filings
Courtesy Copy Requirements
The Court must be furnished with the original and one copy of each proposed jury instruction.
The original and one copy of each instruction proposed must be furnished to the Court.
Page 11 | Rule 12. HEARINGS AND TRIALS
Pre-Motion Conference Requirements
Before filing a motion under Rules 26 through 37, counsel must confer about all disputed issues or the Court will deny the motion.
The Court will deny any motion pursuant to Rules 26 through 37 of the M.R.Civ.P., unless counsel shall have conferred concerning all disputed issues before the motion is filed.
Page 6 | Rule 5. Motions, Briefs, and Hearings
Parties must meet and confer about discovery disputes; after an unsuccessful meet-and-confer, either party may arrange an informal court conference, and may submit helpful materials beforehand.
D. Discovery Conference. In the event of a discovery dispute, the parties shall meet and confer to attempt to resolve the dispute. If the parties do not resolve the dispute after a meet and confer, whether or not a Motion is filed, either party may contact the Court Administrator to arrange an informal discovery conference with the Court. When the Order setting the informal discovery conference is entered, briefing on any filed Motion is held in abeyance. Any party may provide to the court, in advance of the informal discovery conference, documents and/or legal authority that may assist the Court in understanding the dispute. If the informal discovery conference does not resolve the discovery dispute, the discovery motion may be filed, stating with specificity the matters upon which the motion is based.
Page 9 | D. Discovery Conference
The parties must confer within 30 days to set temporary child support and a parenting schedule; either party may request a hearing by motion if a dispute remains.
The parties shall confer within 30 days to set a temporary amount of child support and temporary parenting schedule. In the event of a dispute as to either the appropriate temporary custodial parent or the appropriate amount of payments, either party may file a motion with the Court requesting a hearing on the matters in dispute.
Page 15 | Marital Dissolution or Parenting Actions
For motions other than those under Rule 56(c)(2)(A), a party must request oral argument or the Court will rule on the written documents alone.
Oral arguments on all other motions must be requested by a party, or the court shall rule on written documents alone.
Page 6 | Rule 5. Motions, Briefs, and Hearings
If opposing counsel willfully refuses or fails to confer after the moving party seeks a conference, the Court may order payment of reasonable expenses, including attorney's fees.
If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the Court may order the payment of reasonable expenses, including attorney's fees, pursuant to M.R.Civ.P. 37(a)(4).
Page 6 | Rule 5. Motions, Briefs, and Hearings
Briefing on a filed discovery motion is held in abeyance when the order setting an informal discovery conference is entered.
When the Order setting the informal discovery conference is entered, briefing on any filed Motion is held in abeyance.
Page 9 | D. Discovery Conference
Adjournment & Extension Requirements
A motion to postpone or continue trial because of an absent witness or evidence must be supported by an affidavit showing the expected evidence’s nature and materiality, diligent efforts to secure it, and reasonable grounds for producing it; if the adverse party stipulates to its consideration as given, a continuance is unavailable unless the Court finds that proceeding without it would work an injustice.
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 is granted. 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 12 | Rule 13. POSTPONEMENT OF TRIALS
A pending motion hearing may be continued by the Court 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 6 | Rule 5. Motions, Briefs, and Hearings
Chambers Communication Rules
In cases that are not e-filed, proposed orders, judgments, and decrees must be filed and emailed as Word-format attachments to the Court Administrator.
All proposed Orders, Judgments and Decrees in cases not e-filed shall be filed and e-mailed as attachments in Word format to the Court Administrator.
Page 7 | Rule 6. ORDERS, JUDGMENTS, OR DECREES
Communications with the Court must be routed through the District Court Administrator or the Clerk of Court.
A. Communications. 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 9 | Rule 9. COMMUNICATIONS WITH THE COURT
Substantive issues in pending or anticipated cases may not be discussed ex parte with the Court unless opposing counsel is present or notified, or has given prior approval or stipulated; violations may result in sanctions.
B. Ex Parte Communications. 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 the imposition of sanctions against the offending attorney or party.
Page 10 | Rule 9. COMMUNICATIONS WITH THE COURT
Counsel or the party must notify the appropriate lower court and law enforcement agencies when this Court modifies or dissolves a certified lower-court order.
Counsel or the party shall notify the appropriate lower court and appropriate law enforcement agencies of any modification or dissolution of lower court orders certified to this Court and subsequently modified or dissolved by this Court.
Page 16 | Rule 23. CERTIFICATION OF SELF-HELP TEMPORARY RESTRAINING ORDERS
In the stated cases, counsel or the lower-court petitioner must promptly notify the lower court of the District Court action.
When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self-help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the petitioner or the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court.
Page 16 | Rule 23. CERTIFICATION OF SELF-HELP TEMPORARY RESTRAINING ORDERS
If no Case Scheduling Conference is scheduled within 30 days after answers are filed, either party may ask the Court Administrator to schedule one.
If a Case Scheduling Conference is not scheduled within thirty (30) days after answers to the complaint are filed, either party may request that the Court Administrator schedule the conference.
Page 7 | Rule 7. SCHEDULING CONFERENCES, ORDERS AND DISCOVERY RULES
A motion that has not been ruled on at least two weeks before trial should be brought to the Court's attention.
Any motion not ruled on at least two weeks before trial should be brought to the Court's attention.
Page 16 | Rule 24. CRIMINAL ACTIONS
Email filings for Sweet Grass County should be sent to clerkofcourt.sweetgrass @mt.gov.
clerkofcourt.sweetgrass @mt.gov for Sweet Grass County.
Page 5 | Rule 4. Filings
Fax filings for Sweet Grass County should be sent to 406-932-5433.
and 406-932-5433 for Sweet Grass County.
Page 5 | Rule 4. Filings
Email filings should be submitted to parkdcc@mt.gov for Park County
Email filings should be submitted to parkdcc@mt.gov for Park County
Page 5 | Rule 4. Filings
Fax filings for Park County should be sent to 406-222-4128.
Fax filings should be submitted to 406-222- 4128 for Park County
Page 5 | Rule 4. Filings
After the discovery period set by the Case Scheduling Order has run, a party may request or move for a trial date from the Court Administrator.
At any time after the discovery period has run, according to the Case Scheduling Order, any party may move for, or request, a trial date from the Court Administrator.
Page 9 | Rule 8. PRELIMINARY PRE-TRIAL CONFERENCES
If a matter has been under advisement for more than 30 days, affected parties are encouraged to send the Court a reminder letter or Notice of Issue describing the matter and stating when it was taken under advisement.
C. Reminders to the Court. 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 or "Notice of Issue" particularly describing the matter under advisement and stating the date the matter was taken under advisement.
Page 10 | Rule 9. COMMUNICATIONS WITH THE COURT