Teton County District Court, Montana Document Filing Requirements

Applies to

Motion to extend deadlines or dates

A motion to extend deadlines or dates must state the trial date if one has been set.

Motions to extend deadlines or dates shall include a statement of the trial date, if set.

Applies to

Motion

Must include

proposed order

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

Applies to

Request for oral argument

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.

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.

Applies to

Filed document

When the clerk must provide copies, parties must furnish all necessary copies and pre-addressed envelopes for all parties of record.

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.

Applies to

Written instrument

When judgment is entered on a written instrument, the instrument must be presented to the clerk when judgment is granted.

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.

Applies to

Omnibus hearing

The Omnibus Hearing Memorandum and Order form must be completed at the Omnibus Hearing unless the presiding judge orders otherwise.

Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.

Applies to

Request for oral argument

Must include

proposed order

Any request for oral argument must include a proposed order.

A proposed order shall accompany any request for oral argument

Applies to

Written request

The county attorney must file a written bail-transfer request with the justice of the peace at the same time as filing the motion in District Court.

(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;

Applies to

Plea agreement

Plea agreements must be submitted whether binding or non-binding.

Plea Agreements shall be submitted for either binding or non-binding.

Applies to

Notice of issue

Once all briefs are filed or the briefing period expires, at least one party must file a Notice of Issue stating that the matter is ready for a ruling.

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.

Applies to

Discovery motion

The moving party's motion must include a statement that counsel complied with the discovery-conference rule.

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

Applies to

Order to show cause or temporary restraining order

Two originals of an order to show cause, temporary restraining order, or like order must be presented to the judge for retention and service.

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.

Applies to

Written request

The county attorney must deliver a duplicate copy of the bail-transfer request to the justice of the peace.

(2) The county attorney must deliver to the justice of the peace a duplicate copy of such request;

Applies to

Duplicate written request

The duplicate bail-transfer request must be filed with the Clerk of Court.

The duplicate copy of the request must be filed with the Clerk of Court.

Applies to

Request for hearing

A motion requiring testimony must be scheduled as a contested matter, with the appropriate Request for Hearing pleading presented to the judge's judicial assistant.

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.

Applies to

Notice of issue

Must include

certificate of service

The certificate of service for the original Notice of Issue must certify supplemental service on the court at chambers.

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.

Applies to

Acknowledgment and waiver of rights

Defense counsel must present a written Acknowledgment and Waiver of Rights to the court at or before the guilty plea.

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.

Applies to

Case transfer order

The transfer order to District Court 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 judge transfers the cause to the District Court.

Applies to

Bail release

Before bail or a bond is released, the original receipt and appropriate identification must be presented.

(4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification.

Applies to

Case transfer filing

Bail must be delivered to the clerk when the papers transferring the case to District Court are filed.

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.

Must include

certificate of service

The scheduling-order motion's certificate of service must certify supplemental service on the court at chambers.

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.

When leave is required to file a pleading, a proper motion must be filed and served, and the original pleading should be attached; this rule does not apply to filing an Information in a criminal case.

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.