Treasure County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Jury Instructions
- 2 copies
Page & Word Limits1 rule
J. Individual briefs shall not exceed twenty-five (25) pages in length, exclusive of indexes and appendices, except with leave of the Court.
- Brief
- Up to 25 pages
Excluded from page count
- •Index
- •Appendices
Exception
More pages with leave of court
Document Format Requirements9 rules
D. The required format for electronically filing of scanned documents is PDF.
- File type
K. All filings shall be formatted as directed by UDCR 1, and utilize left justify for the body of the document.
M. In order to facilitate scanning and entry into the Full Court case management system, documents filed with the Clerk of Court shall not be stapled.
Formatting
- •Documents filed with the Clerk of Court must not be stapled
The required format for electronically transmitted proposed orders is Microsoft Word.
For filings longer than one page, counsel should avoid leaving a page containing only the date or a judge’s signature line.
- More than 1 page
Court's wording
L. Counsel shall take care that any filing of more than one page in length does not leave one page with a “dangling signature line,” i.e., a page with only the date and/or a line for the judge’s signature.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Instructions shall be printed on 8½” x 11” paper.
- Paper size
- Letter
- Jury instructions
The preferred format is a Microsoft Word document.
In addition to the submission for the Court file, the preferred format for submission to the judge is Microsoft Word.
Document Filing Requirements39 rules
For multiple subpoenas, counsel must provide one original for each person or entity to be served and a praecipe listing each recipient.
Court's wording
When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued.
N. All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.
A motion for leave to file a pleading must include a copy of the proposed pleading or amendments, and the original must be lodged with the Clerk.
Court's wording
C. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court.
H. When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena to the Clerk of Court for issuance.
Faxed or electronic documents must show necessary signatures; an attorney’s copied or electronic signature counts as original, while a party or non-attorney signature requires the original signed document to be timely filed.
Court's wording
C. A faxed or electronic document must show necessary signatures or the document will not be filed. An attorney’s copied or electronically generated signature shall be deemed an original signature for court-filed documents. It is the obligation of the person faxing or electronically transmitting any document with a party/non-attorney signature to arrange for the original signed document to be timely filed with the Clerk of Court.
E. When a demand for a jury trial is incorporated in a pleading, the demand must be indicated in the title as well as the body of the pleading.
A motion seeking specific relief must report contact with opposing counsel, whether any party objects, and whether an objecting party intends to file a written objection.
Court's wording
C. For a motion seeking specific relief, the motion must confirm that opposing counsel has been contacted regarding the motion, and also state whether any party objects to the relief requested. In the event of objection, the motion must state whether the objecting party will exercise the right to file a written objection.
The required written request must ask for a scheduling conference or scheduling order, subject to the stated stipulation and Court-decision exception.
Court's wording
A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
A hearing request in a criminal or civil motion matter must appear in the motion, response, or reply, specify the hearing’s purpose, and include a proposed order.
- Document
- Motion response or reply
Must include
- •Proposed order
Court's wording
D. Even when a hearing on motions has been tentatively docketed at an Omnibus Hearing or scheduling conference, when hearing on a motion is requested in a criminal or civil matter, counsel shall state the request for hearing within the motion, response, or reply. The request shall specify the purpose of the hearing (oral argument or evidence hearing). Counsel shall include a proposed order granting (or confirming the tentatively-docketed) hearing.
Attorneys or parties must provide the Clerk of Court’s office with the email address(es) to which copies of Orders or Minute Entries are to be emailed.
A motion must cite authority permitting the requested relief and be submitted with a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
A. The proponent of any motion filed with the Court must cite to statute or precedent that allows the Court to grant the relief requested and must submit, contemporaneously with the motion, a proposed order granting the relief sought.
D. Two originals of any order to show cause, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the judge for signature.
Trial briefs shall be submitted as required in the pretrial order.
The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.
Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
A stipulation will not be considered unless made on the record in open court or written and subscribed by the party against whom it is enforced or that party’s counsel.
Court's wording
In any case, whether civil or criminal, the Court will not consider for any purpose any stipulation between the parties unless the stipulation is either made in open court on the record, or made into a writing which is subscribed by either the party against whom the stipulation is sought to be enforced, or by such party’s counsel.
A JVN motion must state whether the proceeding is contested, whether an opposing party objects, the requested connection type, and a telephone number for technical difficulties, in addition to Local Rule 6 information.
Court's wording
Supplementing the information required by Local Rule 6, a motion for appearance or testimony via the JVN system (whether by audio-video connection, or by telephone) must specify: whether the moving party seeks to contest the proceeding; whether the proceeding will be contested by any party; whether any opposing party objects to the JVN appearance; and whether appearance will be audio-video or telephone audio. A telephone contact number for use in the event of technical difficulties is also required.
Counsel shall file all original documents with the Clerk of Court.
Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.
It is the obligation of counsel to present to the Court an order for such evaluation.
For the specified domestic-relations matters, the moving party must submit an affidavit in the prescribed form, answering the questions set out in the rule.
Court's wording
As directed by the Court, for temporary maintenance or child support, or other matters pendent lite, modification proceedings, or trial on contested domestic relations matters, the moving party shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto:
Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall consult and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court’s approval at the date set for the omnibus hearing.
Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment and shall give notice in accordance with Section 40-4-220(1), M.C.A.
Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.
Must include
- •Proposed order
The proposed decree shall include in the final order the child support obligor’s obligation to include the additional $2.00 in each child support payment.
Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.
All parents of minor children shall satisfactorily complete the parenting education program sanctioned by the Sixteenth Judicial District Court prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan.
For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings and conclusions unless the Court waives the requirement.
Court's wording
For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.
When the specified probate matters are complete, counsel for the foreign personal representative must file a sworn statement to close the estate.
Court's wording
Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, et seq., M.C.A., counsel for the foreign personal representative must file with the Court a Foreign Personal Representative’s Sworn Statement to Close Estate.
A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.
Counsel must ensure proposed instructions accurately reflect gender, singular or plural references, and any case-specific circumstances or special verdicts.
Court's wording
Counsel shall ensure that the proposed instructions are correct with respect to gender and as to whether parties are singular or plural, the charged offense is singular or plural, and adjust the pattern jury instructions for unique circumstances or special verdicts (such as “not guilty by reason of mental disease or defect”).
Attorneys shall check instructions to avoid duplicates.
- Document
- Jury instructions
Must include
- •Check instructions to avoid duplicates
Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.
When support or maintenance is paid directly to the Clerk, counsel for the child-support payor must tell the client to add $2 to each payment for associated costs.
Court's wording
When child support or spousal maintenance is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage.
The Affidavits are not to be filed with the Court unless in the event of a trial, or as directed by the Court.
D. In the event the Court has any matter under advisement for more than thirty (30) days, any party affected thereby may file with the Clerk of Court a pleading entitled “Request for Decision” which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court.
Filing & Service rules
Electronic Filing Rules
A document that may be filed by mail may instead be filed by fax or electronic transmission, subject to the stated rules.
A. The filing of any document that may be done by mail may be done by fax or electronic transmission, subject to the provisions of this Rule and the Montana Rules of Civil Procedure.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Filing Timing and Cure Windows
A matter cannot be heard on the Law and Motion calendar until relevant supporting documents are filed and opposing parties are served under applicable rules.
C. No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Briefs with a date-certain filing deadline must be filed by that date.
I. All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by the required date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A faxed or electronically transmitted document is filed when the Clerk receives the transmission.
B. The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
A party who obtains an order or arrest warrant directly from the Court must immediately present it to the Clerk for filing.
G. When a party obtains an Order or Arrest Warrant directly from the Court, the party shall immediately present the Order or Arrest Warrant to the Clerk of Court for filing.
Page 1 | RULE 1 - DEPARTMENT AND ASSIGNMENT OF CASES
A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
A. Not later than one hundred twenty (120) days after the filing of a Complaint in a civil action, counsel for the plaintiff or petitioner shall file a written request for a scheduling conference or scheduling order which shall be issued by the Court in accord with Rule 16(b), Montana Rules of Civil Procedure, unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel who obtains a judgment or decree must immediately deliver it to the Clerk for filing with the required fee.
E. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed. The purpose of this notice is to provide the Clerk of Court sufficient time to summon a jury pool, or alternatively to set other matters in the time slot. Except for good cause, any motion for continuance is due on this date.
Page 3
A response or objection to Crime Lab testimony via JVN is due within 10 business days after the motion is filed.
Response or objection to such testimony via JVN shall be filed within ten (10) business days following the filing, including whether a genuine issue exists as to the analysis or procedure at issue.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Crime Lab expert testimony may be offered by JVN for good cause, and the motion for leave is due at least 30 days before trial unless good cause supports an exception.
For good cause, forensic testimony by employees of the Montana State Crime Lab may be offered via the JVN system during a criminal trial. Except for good cause, a Motion seeking leave for crime lab expert testimony via JVN shall be filed no later than thirty (30) days prior to the first day of trial.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
A motion for JVN appearance or testimony must be filed as early as practical and at least one hour before the hearing, even if all parties consent.
In all instances, including upon the consent of all parties, a motion for appearance or testimony via the JVN system must be filed in advance of the hearing, as early as is practical to do so. In all instances, a motion for JVN appearance must be filed no less than one hour prior to the scheduled start of the hearing.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
The opposing party must file any objection within 14 days, with 3 additional days allowed for mailing.
Within fourteen (14) days thereafter allowing three (3) additional days for mailing, the opposing party shall file any objection.
Page 5 | RULE 15 - ATTORNEY’S FEES
Service and Proof of Service Rules
An extension request must be served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
Opposing parties must be served under applicable rules before a matter may be heard on the Law and Motion calendar.
C. No matter may be heard on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and opposing parties served pursuant to applicable rules.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Proof of service for papers required or permitted to be served must be filed promptly and before the Court or parties take action on them.
B. Proof of service of all papers required or permitted to be served 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.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
After the initial filing, a party must provide opposing parties with documents filed with the Clerk or given to the judge using the same, quickest method.
A. Following the initial filing for any matter, when a party files a document with the Clerk of Court or provides a document to the judge, whether via fax or email or US Mail, the party shall use the same (quickest) method to provide the document to the opposing party. To do otherwise is the functional equivalent of ex parte communication with the Court.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
Communications to the Court must indicate on their face that a copy was sent to opposing counsel and any unrepresented party.
B. The Court will not receive letters, emails, or other communication from counsel or parties that do not indicate on the face of the document that a copy has been sent to opposing counsel and any unrepresented party.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A party requesting that the Clerk mail notice of a pleading, judgment, or order must provide copies and addressed, stamped envelopes; otherwise, the Clerk will provide it by email only.
C. Whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court by the party requesting such judgment or order to be provided by US Mail, together with properly addressed and stamped envelopes. Without proper envelopes and postage, the document will be provided by the Clerk of Court via email, only.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
When the Court orders a DPHHS evaluation, counsel must mail or deliver conformed copies of the adoption petition and evaluation order to DPHHS.
Whenever the Court signs an order for such an evaluation by DPHHS, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Evaluation to DPHHS.
Page 5 | RULE 17 - ADOPTION MATTERS
A party seeking attorney’s fees must serve the itemized affidavit.
Upon a final decision on the merits or other appropriate time, a party seeking an award of attorney’s fees shall file and serve an affidavit itemizing the claim.
Page 5 | RULE 15 - ATTORNEY’S FEES
If counsel has not arranged for the original document to be timely brought before the judge, counsel must mail or email a copy to the judge’s resident office.
When counsel has not arranged for the original document to be timely brought before the presiding judge, counsel shall mail or email a copy to the presiding judge at the judge’s resident office.
Page 5 | RULE 12
The proposed findings and conclusions must be served on opposing parties unless the Court waives the requirement.
For all criminal evidentiary hearings and criminal bench trials where the Court must enter written findings of fact and conclusions of law, all parties shall file with the Clerk of Court and serve upon opposing parties proposed findings of fact and conclusions of law, unless waived by the Court.
Page 6 | RULE 19 - CRIMINAL ACTIONS
The Respondent must serve the Petitioner with an affidavit following the prescribed outline and stating objections or concerns within 30 days after service of the Petitioner’s affidavit.
No later than thirty (30) days following service of the Petitioner’s affidavit, the Respondent shall serve upon the Petitioner an Affidavit following the outline format as show above, and stating any objection or concern to the Petitioner’s responses.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
After entry of an order for child support collected by the Child Support Enforcement Division, counsel for the recipient must notify that Division as required by Montana law.
After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
An attorney who has electronically filed a document is deemed to have consented in writing to electronic receipt of documents.
F. An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
An attorney who has electronically filed a document is deemed to have consented in writing to electronic receipt of documents.
An attorney who has filed any document in this District electronically is deemed to have provided written consent to receive documents electronically. Rule 5(b)(2)(E), Montana Rules of Civil Procedure.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
The Clerk may distribute Court Orders and Minute Entries by email instead of hard copy.
In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Court, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy.
Page 2 | RULE 5 - COURT ORDERS AND MINUTES PROVIDED ELECTRONICALLY
Filing Fees and Waivers
Filing a pleading by fax or email costs 50 cents per page in criminal and civil proceedings.
E. As dictated by statute, the fee for filing a pleading by fax or email in all criminal and civil proceedings shall be 50 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel must pay any required filing fee when filing or as otherwise arranged with the Clerk.
B. If a filing fee is required, counsel shall pay the required filing fee at the time of filing, or as otherwise arranged with the Clerk of Court.
Page 1 | RULE 1 - DEPARTMENT AND ASSIGNMENT OF CASES
The person filing a document must pay required fees by the method and time specified by the Clerk.
F. It shall be the obligation of the person filing the document to pay any required fees in the manner and within the time required by the Clerk of Court.
Page 2 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
Counsel delivering a judgment or decree for filing must include the required filing fee.
E. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee.
Page 2 | RULE 7 - SERVICE OF PROCESS AND PAPERS
A contested motion to amend a final parenting plan, including a qualifying final custody decree or order, requires a $120 filing fee unless both parties stipulate to the motion when it is filed.
Section 25-1-201, M.C.A., provides for a $120 filing fee to file a contested petition (motion) for amendment of a final parenting plan. Pursuant to Section 40-4-219(7), M.C.A., a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a “final parenting plan” in determining whether a new filing fee is due. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is filed with the Court.
Page 6 | RULE 18 - DISSOLUTION/PATERNITY ACTIONS
Providing copies of papers on file by fax, email, or other electronic means costs 25 cents per page in criminal and civil proceedings.
The fee for providing copies of papers on file in the Clerk’s office by fax, e-mail or other electronic means in all criminal and civil proceedings shall be 25 cents per page.
Page 1 | RULE 4 - FACSIMILE (“FAX”) AND ELECTRONIC TRANSMISSION (EMAIL)
The Court may assess charges for JVN use.
Charges for the use of JVN may be assessed.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Courtesy Copy Requirements
Attorneys must provide the judicial assistant with two hard copies of proposed instructions, one with citations and one without.
Attorneys must also provide the judicial assistant with two hard copies of the proposed instructions: one including the citations and one without citations.
Page 3 | C. Jury Instructions and Jury Issues
Bench copies of exhibits are required in complex matters.
Copies of exhibits for the bench are required in complex matters.
Page 3
Pre-Motion Conference Requirements
Unless the stated nonopposition or no-written-objection circumstances apply, and absent good cause for ex parte action, the adverse party must have an opportunity to respond before a ruling; applicable rules and statutes govern the response time.
Unless the Court has been informed the adverse party does not oppose the motion, or the adverse party opposes the relief but does not intend to file a written objection, then absent good cause to act ex parte, the adverse party is entitled to the opportunity to respond or object to the Motion before the Court makes a ruling. Timelines established by the Uniform District Court Rules, the Rules of Civil Procedure, and applicable specific statutes govern the time to be allowed for any response or objection.
Page 2 | RULE 6 - MOTIONS AND HEARINGS
Adjournment & Extension Requirements
An extension request must be filed and served before the due date.
Any requests for an extension of time shall be filed and served prior to the due date.
Page 1 | RULE 3 - FILINGS AND PLEADINGS
A trial continuance requires good cause, even if opposing counsel stipulates, and the motion must comply with Local Rule 6.
Continuances of trial, even when stipulated-to by opposing counsel, will not be granted without good cause. All such motions to continue trial must be submitted in accordance with Local Rule 6.
Page 3
Chambers Communication Rules
Matters must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
All matters shall be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Court scheduling must be coordinated with the judicial assistant or other personnel designated by the judge.
E. All the Court’s scheduling shall be coordinated with the judicial assistant or other personnel the judge may designate.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
A party may not discuss a substantive issue in a pending or anticipated case ex parte with the Court without notice and approval of all opposing counsel, unless law expressly allows it.
C. No party shall discuss ex parte with the Court any substantive issue related to a pending or anticipated case without notice and approval of all opposing counsel, or as otherwise expressly allowed by law.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel in civil and criminal jury trials must notify the Clerk in writing at least three weeks before trial whether the trial will proceed as scheduled.
At least three (3) weeks prior to the commencement of a civil jury trial or criminal jury trial, counsel for each party shall advise the Clerk of Court in writing as to whether said trial will proceed as docketed.
Page 3
Attorneys must email the judicial assistant jury instructions with citations in Microsoft Word format.
In addition, attorneys must email the jury instructions with citations to the judicial assistant in Microsoft Word format.
Page 3 | C. Jury Instructions and Jury Issues
Counsel must arrange additional time with the judicial assistant for matters expected to be contested or to last more than 15 minutes.
Matters which counsel expect will be contested or are expected to take more than 15 minutes shall be scheduled for additional time with the judicial assistant.
Page 1 | RULE 2 - SCHEDULE FOR LAW AND MOTION
Parties should avoid discussing substantive matters by email whenever possible.
Whenever possible, parties are to avoid addressing substantive matters within email correspondence.
Page 2 | RULE 8 - SCHEDULING ORDERS; COMMUNICATIONS WITH THE COURT
Counsel unfamiliar with the electronic evidence presentation system must contact the Clerk well in advance to arrange courthouse training at a time convenient to the Clerk.
At a time well-in-advance of the scheduled trial or hearing date, counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court in order to receive the necessary training for use of the electronic evidence presentation system.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, A. Electronic Evidence Presentation System
A party or counsel seeking JVN equipment for non-court-business hearings or meetings must reserve it through the Clerk or judicial assistant and report to the Clerk upon arrival.
Any party/counsel requesting use of the JVN equipment for hearings or meetings other than Sixteenth Judicial District Court business shall make proper reservations for such use through the Clerk of Court or judicial assistant, and shall be responsible for operation and movement of the camera. The party/counsel shall report to the Clerk of Court upon arriving for the JVN session and will be directed to the appropriate location for use of the equipment.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Counsel must inform the Clerk and other relevant individuals of changes to a JVN participant’s site or IP address.
Counsel is responsible for keeping the Clerk of Court and other individuals informed of site or IP address changes effecting JVN participation.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
A party or counsel granted leave to use JVN must arrange its use with the Clerk or judicial assistant.
Any party/counsel granted leave to use JVN shall make all necessary arrangements for such use with the Clerk of Court or judicial assistant.
Page 4 | RULE 11 - COURTROOM TECHNOLOGY, C. Videoconferencing - Judicial Video Network
Anyone wishing to use specified courthouse facilities for meetings, depositions, or video-conferencing must contact the Clerk of Court to reserve them.
Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.
Page 5 | RULE 12
Before filming, media personnel must contact the Clerk of Court to coordinate equipment placement.
Prior to filming, media personnel shall contact the Clerk of Court to coordinate the placement of equipment in order to avoid disrupting the proceedings.
Page 5 | RULE 16 - PHOTOGRAPHY, TELEVISION AND MEDIA