Treasure County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Subpoena

For multiple subpoenas, counsel must provide one original for each person or entity to be served and a praecipe listing each recipient.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Omnibus form

Before the omnibus hearing, prosecution and defense counsel must consult and attempt to stipulate to the Court-approved omnibus form, which must be submitted for approval at the hearing.

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.

CRITICAL

Applies to

Scheduling request

The required written request must ask for a scheduling conference or scheduling order, subject to the stated stipulation and Court-decision exception.

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.

CRITICAL

Applies to

Response or objection to crime lab jvn testimony

A response or objection must state whether a genuine issue exists concerning the analysis or procedure at issue.

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.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted as required by the pretrial order.

Trial briefs shall be submitted as required in the pretrial order.

CRITICAL

Applies to

Motion response or reply

Must include

proposed order

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.

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.

CRITICAL

Applies to

Affidavit

Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit a supporting factual affidavit and give notice as required by the cited statute.

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.

CRITICAL

Applies to

Original document

Counsel must file all original documents with the Clerk of Court.

Counsel shall file all original documents with the Clerk of Court.

CRITICAL

Applies to

Motion for dismissal

Must include

proposed order

A defendant seeking dismissal after successfully completing deferred imposition of sentence must submit evidence of completion and a proposed order to the Court.

Evidence of successful completion of the requirements must be submitted to the Court along with a proposed order.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state how the copy was sent to the judge.

Counsel shall indicate on the certificate of service the method by which a copy was sent to the judge.

CRITICAL

Applies to

Proposed order

Proposed orders must omit submitting counsel’s name and address from the top-left corner.

N. All proposed orders shall omit the submitting counsel’s name and address from the top left-hand corner.

CRITICAL

Applies to

Proposed decree

The proposed decree must state that the child-support obligor must add $2 to each child-support payment.

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.

CRITICAL

Applies to

Public defender application

A defendant seeking a public defender must complete a sworn Financial Affidavit and any other information required by the Office of Public Defender.

Any Defendant desiring a public defender shall complete a sworn Financial Affidavit and other information as required by the Office of Public Defender.

CRITICAL

Applies to

Parenting education program

Parents of minor children must complete the Court-sanctioned parenting education program before the final hearing, final dissolution decree, or final parenting plan.

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.

CRITICAL

Applies to

Proposed findings and conclusions

For covered criminal evidentiary hearings and bench trials, all parties must file and serve proposed findings and conclusions 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.

CRITICAL

Applies to

Attorney fee affidavit

A party seeking attorney’s fees must file and serve an itemized affidavit at the final decision on the merits or another appropriate time.

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.

CRITICAL

Applies to

Certificate of completion

Each parent must file a certificate of completion with the Clerk after completing the parenting education program.

Upon completion of the education program each parent shall file a certificate of completion with the Clerk of Court.

CRITICAL

Applies to

Order

Counsel must present the Court with an order for the required pre-placement evaluation.

It is the obligation of counsel to present to the Court an order for such evaluation.

CRITICAL

Applies to

Email contact information

Attorneys or parties who are to receive emailed orders or minute entries must provide the Clerk with the relevant email address or addresses.

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.

CRITICAL

Applies to

Foreign personal representative sworn statement to close estate

When the specified probate matters are complete, counsel for the foreign personal representative must file a sworn statement to close the estate.

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.

CRITICAL

Applies to

Motion for leave to file pleading

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.

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.

CRITICAL

Applies to

Jury instructions

The applicable Montana Pattern Civil or Criminal Jury Instructions must be used as the primary source.

The Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source.

CRITICAL

Applies to

Jury instructions and verdict forms

Counsel must provide the Court and opposing counsel with jury instructions and verdict forms as directed by the Scheduling Order or Omnibus Order.

Counsel shall provide Court and opposing counsel with jury instructions and verdict forms as instructed by the Scheduling Order or Omnibus Order.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must cite authority permitting the requested relief and be submitted with a proposed order.

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.

CRITICAL

Applies to

Order to show cause or like order

Two originals of an order to show cause or like order, plus enough copies for service or mailing to all parties, must be presented to the judge for signature.

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.

CRITICAL

Applies to

Subpoena

To obtain one subpoena, counsel must deliver one original and one copy to the Clerk for issuance.

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.

CRITICAL

Applies to

Final decree of dissolution

A completed Vital Statistics reporting form must be presented to the Clerk when the Final Decree of Dissolution is filed.

A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

CRITICAL

Applies to

Stipulation

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.

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.

CRITICAL

Applies to

Faxed or electronic document

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.

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.

CRITICAL

Applies to

Jvn appearance or testimony motion

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.

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.

CRITICAL

Applies to

Pleading

A jury-trial demand incorporated in a pleading must appear in both its title and body.

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.

CRITICAL

Applies to

Affidavit

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.

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:

WARNING

Applies to

Jury instructions

Counsel must ensure proposed instructions accurately reflect gender, singular or plural references, and any case-specific circumstances or special verdicts.

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”).

WARNING

Applies to

Child support payment

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.

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.

WARNING

Applies to

Affidavit

The affidavits must not be filed with the Court unless there is a trial or the Court directs filing.

The Affidavits are not to be filed with the Court unless in the event of a trial, or as directed by the Court.

WARNING

Applies to

Jury instructions

Attorneys must check proposed jury instructions for duplicates.

Attorneys shall check instructions to avoid duplicates.

WARNING

Applies to

Proposed jury instructions

Proposed instructions filed with the Clerk must be marked as the Plaintiff’s or Defendant’s proposed instructions and numbered.

Proposed Instructions filed with the Clerk of Court shall be marked and identified as Plaintiff’s Proposed # or Defendant’s Proposed #.

INFO

Applies to

Request for decision

If a matter has been under advisement for more than 30 days, an affected party may file a “Request for Decision” stating when the matter was taken under advisement and requesting a decision.

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.