Teton County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Chambers Drop Off • Within 48 Hours Before Contested Hearing or Oral Argument
Motion
- With Motion
Adjournments
- Scheduling-order dates may be changed only by court order upon a showing of good cause; motions to extend deadlines or dates must state the trial date if one is set.
- For a hearing-date conflict, counsel or a party should consult the opposing party and advise the Court by motion, describing efforts to contact the opponent and the opponent's position.
- Motions to continue or extend time must be written and state opposing counsel's position; saying counsel could not be contacted is insufficient, and the court will not rule until the response time expires.
Request must include
Page & Word Limits1 rule
Except with leave of court for good cause, Initial and Answer Briefs shall not exceed twenty pages. Reply Briefs shall not exceed ten pages
- Initial brief
- Up to 20 pages
- Answer brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements2 rules
All papers filed in any action must conform to Rule 1 of the Montana Uniform District Court Rules. Any paper not in conformity with this Rule shall not be filed, by the clerk and shall be returned to the party submitting it. If filed, it may be stricken by the court.
Documents should be firmly bound with holes punched at the top ready for placement in the court file
Document Filing Requirements22 rules
For a motion where oral argument is not mandatory unless waived by all parties, counsel requesting oral argument must state why it is warranted and why the briefs are inadequate.
Court's wording
When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position.
When the clerk must provide copies, parties must furnish all necessary copies and pre-addressed envelopes for all parties of record.
Court's wording
When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Pre-addressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk.
A proposed order shall accompany any request for oral argument
- Document
- Request for oral argument
Must include
- •Proposed order
When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the court indicating that the matter is ready for ruling by the court.
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
Any motion requiring presentation oftestimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant.
The certificate of service for the original Notice of Issue must certify supplemental service on the court at chambers.
- Document
- Notice of issue
Must include
- •Certificate of service
Court's wording
The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
Motions to extend deadlines or dates shall include a statement of the trial date, if set.
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
- Document
- Motion
Must include
- •Proposed order
Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.
Plea Agreements shall be submitted for either binding or non-binding.
A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea.
In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the court.
Two originals of an order to show cause, temporary restraining order, or like order must be presented to the judge for retention and service.
Court's wording
Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge. One shall be signed by the judge as the original order and retained as part of the court file. The other shall be issued by the clerk and shall be used for the purpose of making service.
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
(2) The county attorney must deliver to the justice of the peace a duplicate copy of such request;
The duplicate copy of the request must be filed with the Clerk of Court.
The amount and nature of the bail furnished must be endorsed upon the order whereby the justice or judge transfers the cause to the District Court.
(4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.
At the time the papers transferring the case to the District Court are filed with the Clerk of Court, the bail must also be delivered to the clerk.
When leave of court is required before a pleading can be filed, a proper motion must be filed and served with the opposing party. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not apply to filing an Information in a criminal case.
The scheduling-order motion's certificate of service must certify supplemental service on the court at chambers.
- Document
- Scheduling order motion
Must include
- •Certificate of service
Court's wording
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
Filing & Service rules
Filing Timing and Cure Windows
A written stipulation or appropriate pleading must be filed within two days after the contested matter is resolved.
A written stipulation or appropriate pleading shall subsequently be filed within two days.
Page 1 | RULE 5 - CONTESTED MATTERS
The bail-transfer request must be filed with the justice of the peace contemporaneously with the District Court motion.
(1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court;
Page 4 | RULE 20 - CASH BAIL AND BAIL BONDS, C. Action Originally in District Court
A defendant's motion to dismiss unsupported by a timely brief is deemed overruled, and the moving party has twenty days after notice from the clerk to plead further.
Motions to Dismiss by a Defendant not supported by a timely brief shall be deemed overruled and the moving party shall have twenty days after notice from the clerk to further plead.
Page 1 | RULE 5 - CONTESTED MATTERS
Service and Proof of Service Rules
The Notice of Issue must be served on the court at chambers, and the original Notice of Issue's certificate of service must certify that supplemental service.
The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue.
Page 1 | RULE 5 - CONTESTED MATTERS
A party moving for a scheduling order must serve a copy of the motion on the court at chambers and certify that supplemental service in the original motion's certificate of service.
The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion.
Page 2 | RULE 7 - SCHEDULING ORDERS
Filing Fees and Waivers
Any statutorily required filing fee must accompany the document or the document will not be filed.
Any filing fee required by statute must accompany the document or it will not be filed.
Page 1 | RULE 3 - FILING OF PLEADINGS AND OTHER PAPERS
Courtesy Copy Requirements
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
If any pertinent document is filed within forty-eight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers.
Page 1 | RULE 5 - CONTESTED MATTERS
A courtesy copy of every motion must be submitted to the presiding judge with a proposed order setting the hearing.
A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.
Page 2 | RULE 10 - CRIMINAL ACTIONS
Pre-Motion Conference Requirements
Before filing a motion under Rules 26 through 37 of the Montana Rules of Civil Procedure, 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 Montana Rules of Civil Procedure, unless counsel shall have conferred concerning all disputed issues before the motion is filed.
Page 1 | RULE 5 - CONTESTED MATTERS
Adjournment & Extension Requirements
Motions to continue or extend time must be written and state opposing counsel's position; saying counsel could not be contacted is insufficient, and the court will not rule until the response time expires.
Motions to continue and for extensions must be in writing and shall-state the position of opposing counsel to the motion. It is not sufficient that the motion state that opposing counsel could not be contacted. If a motion to continue or for extensions does not state the position of opposing counsel, the motion shall be subject to Rule 2, Uniform District Court Rules. The court will not rule on the motion until the response time has expired.
Page 1 | RULE 5 - CONTESTED MATTERS
Scheduling-order dates may be changed only by court order upon a showing of good cause; motions to extend deadlines or dates must state the trial date if one is set.
The dates in the scheduling order shall not be changed absent court order upon a showing of good cause. Motions to extend deadlines or dates shall include a statement of the trial date, if set.
Page 2 | RULE 7 - SCHEDULING ORDERS
For a hearing-date conflict, counsel or a party should consult the opposing party and advise the Court by motion, describing efforts to contact the opponent and the opponent's position.
In the event that counsel or a party encounters a conflict with a date selected for a hearing, they should consult with the opposing party, advising the Court by motion setting forth the efforts made to contact their opponent and the opponent's position.
Page 1 | RULE 2 - LAW AND MOTION DAYS
Chambers Communication Rules
When a contested matter set for hearing is resolved, the judge's judicial assistant must be advised immediately so the allotted time can be used for other matters.
In the event any contested matter set for hearing is resolved between the parties, the judge's judicial assistant shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case.
Page 1 | RULE 5 - CONTESTED MATTERS
Counsel and parties should confirm hearing dates with the Clerk of District Court.
Counsel and parties should confirm hearing dates with the Clerk of pages District Court.
Page 1 | RULE 2 - LAW AND MOTION DAYS
If a matter has been under advisement for more than ninety days, an affected party may send the judge a letter, copied to all counsel, describing the matter and stating when it was taken under advisement.
If a judge has any matter under advisement before it for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.
Page 1 | RULE 5 - CONTESTED MATTERS