Toole County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- If Filed Within 48 Hours of Contested Hearing or Oral Argument
Motion
- Together with Motion
Adjournments
- Scheduling-order dates may be changed only by court order upon a showing of good cause, and a motion to extend deadlines or dates must state the trial date if one is set.
- If a selected hearing date presents a conflict, counsel or a party should consult opposing counsel and advise the Court by motion describing contact efforts and the opponent’s position.
- Motions for continuances or extensions must be written and state opposing counsel’s position; saying opposing counsel could not be reached is insufficient, and the court will wait until the response period expires before ruling.
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 Requirements4 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.
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.
Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the court on its own initiative.
Documents should be firmly bound with holes punched at the top ready for placement in the court file
- Binding
- Securely bound
Document Filing Requirements17 rules
Counsel for the moving party shall include in the motion a statement of compliance with this rule.
Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant.
A proposed order shall accompany any request for oral argument
- Document
- Oral argument request
Must include
- •Proposed order
When leave of court is required before a pleading can be filed, a proper motion must be filed and served. 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.
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 supply all copies needed for conformed copies and provide pre-addressed envelopes for every party 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.
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.
Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.
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
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.
Plea Agreements shall be submitted for either binding or non-binding.
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.
It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.
No agreement or consent between the parties, or their attorneys, shall be accepted by the court unless made in open court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney.
The instrument shall not be removed except by the order of the court in writing setting forth the facts of such removal.
Oral argument will be set only by court order, whether upon motion of a party or upon a sua sponte determination that oral argument would be beneficial.
Filing & Service rules
Filing Timing and Cure Windows
A written stipulation or appropriate pleading must be filed within two days after the matter is resolved.
A written stipulation or appropriate pleading shall subsequently be filed within two days.
Page 1 | RULE 5 - CONTESTED MATTERS
A Notice of Issue must be filed after all briefs are filed or the time to file briefs expires.
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.
Page 1 | RULE 5 - CONTESTED MATTERS
A defendant’s motion to dismiss without a timely supporting brief is deemed overruled, and the moving party has twenty days after clerk notice 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 filer must serve a copy on the court at chambers and certify that supplemental service in the original Notice’s certificate of 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
The party filing a scheduling motion must serve a copy on the court at chambers and certify the 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 filing fee required by statute 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 discovery motion under Montana Rules of Civil Procedure 26 through 37, counsel must confer about all disputed issues; if opposing counsel willfully refuses or fails to confer after the movant seeks a conference, the judge may award reasonable expenses, including attorney’s fees.
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. If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the judge may order the payment of reasonable expenses, including attorney's fees, pursuant to Montana Rules of Civil Procedure 37(a)(4).
Page 1 | RULE 5 - CONTESTED MATTERS
Unless otherwise ordered, the following motions do not require a brief and may be ruled on summarily without prior notice to opposing counsel: Motions to Set/Reset/Vacate Hearings for: - Arraignments - Bench Trials - Telephonic Hearings - Answer Hearing: - Change of Pleas - Bail Hearing - Evidentiary Hearings - Status Conference - Dispositional Hearings - Omnibus Hearing - Miscellaneous Hearings - Final Pre-Trial Conference - Vacate any Pre-Trial Hearing - Jury Trials and Set for Change of Plea - Sentencing Miscellaneous Motions: - Add Witnesses - Additional Time to File/Respond to Briefs - Change Conditions of Release Chemical Evaluation - State to Pay the Costs Discovery Request Mental Evaluation - State to Pay the Costs Neuro-Psycho Evaluation - State to Pay the Costs Psychological Evaluation - State to Pay the Costs Quash Order Quash Bench Warrant Quash Transportation Order Reinstate Bond and Release Defendant Release - Quash Bench Warrant Release Defendant's Persorial Property Request for Credit For Time Served Request for Defendant Attend Funeral and Wear Street Clothes Request for Defendant to Leave _ County/State of Montana Request for Interpreter - State to Pay Costs Seal Plea Agreement Sex Offender Evaluation - State to Pay Costs - State to Pay for Costs of Deposition Substitution of Counsel Transport Defendant
Unless otherwise ordered, the following motions do not require a brief and may be ruled on summarily without prior notice to opposing counsel: Motions to Set/Reset/Vacate Hearings for: - Arraignments - Bench Trials - Telephonic Hearings - Answer Hearing: - Change of Pleas - Bail Hearing - Evidentiary Hearings - Status Conference - Dispositional Hearings - Omnibus Hearing - Miscellaneous Hearings - Final Pre-Trial Conference - Vacate any Pre-Trial Hearing - Jury Trials and Set for Change of Plea - Sentencing Miscellaneous Motions: - Add Witnesses - Additional Time to File/Respond to Briefs - Change Conditions of Release Chemical Evaluation - State to Pay the Costs Discovery Request Mental Evaluation - State to Pay the Costs Neuro-Psycho Evaluation - State to Pay the Costs Psychological Evaluation - State to Pay the Costs Quash Order Quash Bench Warrant Quash Transportation Order Reinstate Bond and Release Defendant Release - Quash Bench Warrant Release Defendant's Persorial Property Request for Credit For Time Served Request for Defendant Attend Funeral and Wear Street Clothes Request for Defendant to Leave _ County/State of Montana Request for Interpreter - State to Pay Costs Seal Plea Agreement Sex Offender Evaluation - State to Pay Costs - State to Pay for Costs of Deposition Substitution of Counsel Transport Defendant
Page 2 | RULE 10 - CRIMINAL ACTIONS
Adjournment & Extension Requirements
Motions for continuances or extensions must be written and state opposing counsel’s position; saying opposing counsel could not be reached is insufficient, and the court will wait until the response period expires before ruling.
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, and a motion 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
If a selected hearing date presents a conflict, counsel or a party should consult opposing counsel and advise the Court by motion describing contact efforts 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 copying all counsel and identifying the matter and the date it was taken under advisement.
If a judge has any matter under advisement 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