Sweet Grass County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Civil order judgment decree

A party requesting a civil order, judgment, or decree must submit it for the Court’s signature when applying, either through e-filing or in written form.

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.

CRITICAL

Applies to

Attorney withdrawal order

Counsel seeking to withdraw must provide the Court with the appropriate court-approved order, which must require opposing counsel to provide a Rule 10 Notice if the case is unresolved.

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.

CRITICAL

Applies to

Trial position statement

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.

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.

CRITICAL

Applies to

Verified financial affidavit

Counsel must submit verified financial affidavits to the Court and opposing party 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.

CRITICAL

Applies to

Written notice to quash bench warrant

If a defendant has appeared voluntarily or under a stipulation and an outstanding bench warrant remains, defense counsel or the County Attorney's office must notify the Court in writing to quash it.

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.

CRITICAL

Applies to

Temporary economic restraining order

In a marital dissolution, legal separation, or parenting action filed by a self-represented litigant, the Petitioner must be provided two copies of the Temporary Economic Restraining Order.

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.

CRITICAL

Applies to

Order setting trial

The trial-setting order must include deadlines for witness and exhibit lists and, if applicable, jury instructions and objections, along with the final pre-trial conference and trial dates.

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.

CRITICAL

Applies to

Pre sentence report

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.

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.

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Mandatory disclosure or supplement

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 reasonable inquiry, the disclosure is complete as of the time it was made.

CRITICAL

Applies to

Transfer order

The transfer order must state the amount and nature of the bail furnished.

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.

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Discovery motion

A discovery motion filed after an unresolved informal discovery conference must state specifically the matters on which it is based.

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.

CRITICAL

Applies to

Motion for leave to file pleading

Must include

proposed order

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.

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.

CRITICAL

Applies to

Petition to challenge driver's license suspension or revocation

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.

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.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings and conclusions must be submitted within 15 days after trial unless the Court orders otherwise, in signature-ready format and with a copy for the Court.

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.

CRITICAL

Applies to

Pre discovery disclosure

A party must supplement or correct an incomplete or outdated pre-discovery disclosure within a reasonable time after learning it is inaccurate or incomplete.

(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

Filing

Counsel must include their own or their firm's email address on every filing.

Counsel shall include an e-mail address for themselves or their firm on all filings.

CRITICAL

Applies to

Pleading

A pleading that includes a jury demand must identify it in both the title and the 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

Parenting investigation report

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.

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.

CRITICAL

Applies to

Attorney fee affidavit

In civil cases where attorney fees are awarded, the prevailing party must file an affidavit itemizing the fee claim.

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.

CRITICAL

Applies to

Ex parte motion

Must include

proposed order

Each ex parte motion must include a proposed order setting the time and date for a further hearing.

Any ex parte motion must be accompanied by a proposed order setting a time and date for further hearing.

CRITICAL

Applies to

Stipulation

Must include

proposed order

Parties seeking Court confirmation of a stipulation must submit a proposed order with it.

If parties wish to have a stipulation confirmed by the Court, then they must accompany the stipulation by a proposed Order.

CRITICAL

Applies to

Settlement master or mediator report

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.

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.

CRITICAL

Applies to

Real estate bond

A real estate bond may not be filed or considered unless it complies with the statutory requirements cited.

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.

CRITICAL

Applies to

Pre discovery disclosure

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.

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

CRITICAL

Applies to

Certificate of completion

When the parenting class is complete, parents must file a certificate of completion with the Court.

In such cases, when the class is complete, the parents must file a certificate of completion with the Court.

CRITICAL

Applies to

E-filed motion

Must include

proposed order

Every e-filed motion must include a proposed order for the Court's signature in Word format.

Counsel shall include with all motions a proposed Order for the Court's signature in Word format if e-filed.

CRITICAL

Applies to

Law and motion calendar matter

A matter may not be placed on the law and motion calendar until its motion or other documentation and all relevant supporting documents are filed with the Clerk.

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.

CRITICAL

Applies to

Bond transmittal

In the specified direct-information procedure, the original bond transmittal must be filed with the District Court Clerk.

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.

CRITICAL

Applies to

Discovery document

Discovery documents may not be filed with the Clerk without prior leave of Court.

Pursuant to Rule 4, UDCR, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court.

CRITICAL

Applies to

Case scheduling order or order scheduling trial

The Case Scheduling Order or Order Scheduling Trial must set dates for adding parties, identifying experts, motions, hearings, and settlement conferences.

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.

CRITICAL

Applies to

Ex parte motion

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.

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.

CRITICAL

Applies to

Proposed jury instruction

The working copy of each proposed jury instruction must identify the requesting party, be consecutively numbered, and include an attached page citing its source and any supporting authority.

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.

CRITICAL

Applies to

Original request and duplicate 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.

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.

CRITICAL

Applies to

Email or fax document

All email or fax documents must be properly signed and dated.

All documents must be properly signed and dated.

CRITICAL

Applies to

Montana Child Support Guidelines Financial Affidavits

When the Court is asked to establish or modify child support, the parents' Montana Child Support Guidelines Financial Affidavits must be submitted to and filed with the Court before the child support order is entered.

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.

CRITICAL

Applies to

E-filed motion

Must include

proposed order

Every e-filed motion must include an appropriate order for the Court's approval in Word format.

All e-filed motions must be accompanied by an appropriate order for the Court's approval in Word format.

CRITICAL

Applies to

Bond

Every bond presented to the District Court for approval must state that it is payable to the District Court.

All bonds presented to the District Court for approval shall recite that they are payable to the District Court.

CRITICAL

Applies to

Cash bond

For a cash bond, the Justice or City Judge must deposit an instrument for the full bail amount and identify who posted it.

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.

CRITICAL

Applies to

Procedural motion

Must include

proposed order

Each procedural motion must be accompanied by a proposed order in Word format.

All procedural motions shall be accompanied by a proposed Order in Word format.

CRITICAL

Applies to

Omnibus hearing form

The omnibus hearing form must be completed and filed as directed at arraignment.

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.

CRITICAL

Applies to

Discovery motion

The moving party's counsel must include a statement of compliance with the discovery-conference rule in the motion.

Counsel for the moving party shall include in the motion a statement of compliance with this rule.

CRITICAL

Applies to

Trial setting order

The trial-setting Order must include deadlines for expert witness disclosure and motions, and the date and time for jury trial verification and jury instructions.

The Order setting trial shall include deadlines for expert witness disclosure, motions, a date and time for jury trial verification, and jury instructions.

CRITICAL

Applies to

Proof of notice

The party or counsel must file proof of the required notice with the Clerk of Court.

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.

CRITICAL

Applies to

Court communication

A letter or other communication from counsel or a party must indicate on its face that copies have been 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

Proposed verdict form

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

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

CRITICAL

Applies to

Dissolution documents

For the specified dissolution cases, the documents must be accompanied by a completed Vital Statistics form and proposed order.

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.

CRITICAL

Applies to

Motion to reset a hearing or trial

A motion to reset a hearing or trial must provide available dates to avoid multiple resets.

All motions to re-set a hearing or trial must include information regarding available dates, to avoid multiple re-settings.