Toole County District Court, Montana Pre-Motion Conference Requirements

CRITICAL

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).

WARNING

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