Sweet Grass County District Court, Montana Service and Proof of Service Rules

CRITICAL

Applies to

Temporary economic restraining order

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.

CRITICAL

Applies to

Proposed jury instruction

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Pre discovery disclosure

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.

CRITICAL

Applies to

Attorney withdrawal notice

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.

CRITICAL

Applies to

Pre discovery 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.

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Attorney fee affidavit

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.

CRITICAL

Service

Mail

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:

CRITICAL

Applies to

Notice of termination

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

INFO

Applies to

Written discovery requests

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.