Valley County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Communication
Phone
Document Format Requirements1 rule
The telefaxed document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
Formatting
- •The telefaxed document must be completely legible
Document Filing Requirements23 rules
Two copies of any order to show cause, temporary restraining order or like order shall be presented and, if found acceptable, signed with one retained for the court files and the duplicate original returned for purpose of making service.
In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.
Parties applying for an order shall present prior to hearing or action upon the same a separate proposed order for signature of the Court. Where applicable, the title to the proposed order shall make reference to the underlying motion.
Under Rule 7, M.R.Civ.P., any request for court order shall be by motion stating with particularity the grounds therefor and the relief or order sought.
For meaningful information in Court indexing, motions and Briefs shall include in the document title identity of submitting party and a brief description of subject.
The telefaxed document will not be accepted unless it is completely legible, shows all necessary signatures and does not result in reversal of telephone or telefax charges to be incurred by the Court.
The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.
At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order together with written recommendations for bail pending initial appearance.
- Document
- Request for leave to file information
Must include
- •Proposed order
Prior to arraignment, defense counsel shall have reviewed and sought signature of defendant upon an Acknowledgment of Rights form to be presented to the Court at time of arraignment. This form is available from the Clerk of Court.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether requesting party has knowledge of the child(ren) receiving or applying for public assistance
A defendant seeking appointed counsel due to indigency must file a sworn Financial Disclosure Application, ratify it under oath when required, and include the specified reimbursement warning and agreement to report substantial financial changes.
Court's wording
Defendants desiring court-appointed counsel due to indigency shall file a sworn Financial Disclosure Application substantially in form available through the Clerk of Court. Whenever possible, copies of this application shall be made available to defendants prior to initial appearance. Under § 46-8-111, MCA, the applicant shall ratify the application, under oath, at the initial appearance or any other appearance when required by the Court. This application shall inform those claiming indigency that reimbursement for all or portions of cost incurred by the County in providing appointed counsel may be required and shall contain applicant’s agreement to diligently inform the Court of any substantial change in the reported financial condition.
A party seeking variance from the support guidelines or withholding requirements must furnish written proposed findings addressing their contention the variance is supported by clear and convincing evidence.
At or before the time for hearing in cases where custody and/or visitation is contested, the moving parent(s) shall acknowledge they have read and considered these guidelines.
Counsel who intend to proffer an Alford plea under § 46-12-212(2), MCA, must present a factual basis showing good reason for the Court to accept the plea.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
In preparing a presentence investigation Report (PSI), the probation officer shall make reasonable effort to contact any victim(s) and inform them of a right to be present and give testimony at the sentencing hearing and seek a written statement to be attached to the PSI.
Counsel must use the approved Omnibus Hearing memorandum form, be familiar with it, and complete it during the hearing for filing as the statutory memorandum.
Court's wording
The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing will be conducted on the basis Counsel has already read and is familiar with the contents of this memorandum form. The Omnibus Hearing Memorandum and Order form is available on request through the Clerk of Court. This form document as completed during the Omnibus Hearing will be the memorandum filed under § 46-13-110(4), MCA.
Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
The petition must tell the requested agency to deliver the information for in camera inspection or file a response within 20 days after service.
Court's wording
The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
Counsel may stipulate to waive the Omnibus Hearing by submitting a completed and signed memorandum, but the Court may accept or reject the waiver; if accepted, the Court signs and files the memorandum.
Court's wording
Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel may by stipulation waive the right to hold an Omnibus Hearing before the Court. At its discretion, the Court may accept the waiver and vacate the Omnibus Hearing whereby the Omnibus Hearing Memorandum completed by counsel will be signed by the Court and filed with the Clerk.
The accounting may be made informally by letter, together with a list showing the location of all accounts, proof of beginning balance, itemization of income and expenses, and proof of
When uniform child support guidelines apply, the worksheet and financial affidavits must be completed and, depending on whether the case is contested, filed or offered into evidence.
Court's wording
As long as application of uniform child support guidelines is required under § 40-4-204, M.C.A., a guidelines worksheet and financial affidavit(s), in accepted form, must be completed. In noncontested cases, these documents must be filed as required by § 46.30.1515 A.R.M. In contested cases, these documents must be offered into evidence as exhibits.
Filing & Service rules
Electronic Filing Rules
A document that may be filed by mail may instead be submitted by telefax under the stated procedure.
Any document which may be filed by mail can be submitted by telefax transmission using the following procedure.
Page 1 | RULE 16 - TELEFAX FILING (a) Authorization
Filing Timing and Cure Windows
After receiving and confirming that the original matches the telefax, the Clerk must file it and attach it to the telefaxed document.
Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document.
Page 1 | RULE 16 - TELEFAX FILING (b)(4) Filing Procedure
A telefaxed document is filed on the date and time the Clerk of Court receives it.
The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing.
Page 1 | RULE 16 - TELEFAX FILING (b)(2) Filing Procedure
The party transmitting a document by telefax must mail its original to the Clerk of Court by first-class mail on the transmission date.
The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail.
Page 1 | RULE 16 - TELEFAX FILING (b)(4) Filing Procedure
If the Clerk does not timely receive the signed original, the telefaxed document may be stricken and have no effect; the filer is responsible for ensuring timely receipt and filing.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk.
Page 1 | RULE 16 - TELEFAX FILING (b)(6) Filing Procedure
Unless the defendant effectively waives the PSI, it must be completed and filed with the Court at least 10 days before sentencing.
Unless effectively waived by a defendant, a PSI shall be completed and filed with the Court no later than ten (10) days prior to sentencing.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The requested agency must deliver the requested information for in camera inspection or file a response within 20 days after service.
The petition shall inform the requested agency that within twenty (20) days of service, they shall deliver to the Court for in camera inspection true and correct copies of the requested information or, in lieu thereof, file any response it may have to the petition.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
An order for temporary investigative authority and protective services may not extend beyond 180 days unless an extension request is granted.
An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted.
Page 4 | RULE 26 - YOUTH IN NEED OF CARE
Unless a motion seeking protection has already been filed, the prosecution must make the specified disclosure within 20 days of the defendant’s request.
Unless motion is previously filed seeking protection, the prosecution shall make disclosure under § 46-15-322(1)-(4), MCA within twenty (20) days of Defendant’s request.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The defendant must comply with the disclosure deadlines under § 46-15-323, MCA, or seek an extension as permitted by that statute.
Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The scheduling appearance must be set for the next scheduled law and motion date, at least 10 days after the minute entry.
When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry.
Page 4 | RULE 29 - APPEALS FROM JUSTICE OR CITY COURT
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Should a party file for protection in Bankruptcy Court, that party shall immediately notify the court in writing of the filing and provide a copy of the bankruptcy cover sheet.
Page 4 | RULE 28 - BANKRUPTCY
The Court may summarily reject a plea agreement that is not presented at least two weeks before the scheduled trial.
The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial.
Page 4 | RULE 25 - CRIMINAL ACTIONS
A defendant’s failure to request discovery before the Omnibus Hearing may be grounds to attribute trial delay to the defendant.
Defendant’s failure to make request before the Omnibus Hearing can be grounds for attributing trial delay to Defendant.
Page 4 | RULE 25 - CRIMINAL ACTIONS
After a not-guilty plea, the court will usually set the Omnibus Hearing within 45 to 60 days.
Following plea of “not guilty,” the court will set the Omnibus Hearing described in § 46-13-110, MCA usually within 45 to 60 days.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The petitioner must bring the matter for an adjudicatory hearing within the TIA and protective-services period, as extended, or the action is subject to dismissal.
The action is subject to dismissal unless the person or party filing the petition brings the matter for adjudicatory hearing under § 41-3-404, MCA within the time period, as extended, for TIA and protective services.
Page 4 | RULE 26 - YOUTH IN NEED OF CARE
Service and Proof of Service Rules
If the original is not served on the day of transmission, the telefaxed document must be served under Rule 5, M.R.Civ.P.
Should the original of the telefaxed document not be served on the same day as transmittal, service of the telefax document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | RULE 16 - TELEFAX FILING (b)(3) Filing Procedure
If the petitioner knows a child receives or has applied for public assistance, the petitioner must immediately notify the Child Support Enforcement Division in writing and file proof of notice with the Clerk.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether requesting party has knowledge of the child(ren) receiving or applying for public assistance and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 3 | RULE 24 - MARITAL DISSOLUTION CASES
The petitioning party must serve a copy of a petition to release confidential criminal justice information on each agency maintaining the information.
A copy of any petition for the release of confidential confidential criminal justice information under §§ 44-5-111 and 44-5-303, M.C.A., shall be served by petitioning party upon each agency maintaining such information.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
After receiving the record in a civil or criminal appeal from Justice or City court, the Clerk must mail the parties a minute entry setting a scheduling appearance.
When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry.
Page 4 | RULE 29 - APPEALS FROM JUSTICE OR CITY COURT
Filing Fees and Waivers
Telefax filing does not change or delay the payment of fees in the manner or time required by the Clerk of Court.
Filing documents by telefax shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | RULE 16 - TELEFAX FILING (b)(7) Filing Procedure
Dissemination is subject to copying costs that must be paid in advance to the requested agency.
Dissemination shall be subject to copying costs paid in advance to the requested agency.
Page 4 | RULE 27 - CONFIDENTIAL CRIMINAL JUSTICE INFORMATION
Pre-Motion Conference Requirements
All filed motions must be briefed and are deemed submitted under Rule 2, UDCR.
All motions filed shall be briefed and deemed submitted pursuant to Rule 2, UDCR.
Page 1 | RULE 15 - OBTAINING COURT ORDER (a) Motion and Briefing Requirement
Oral argument will be set on summary judgment motions unless all parties waive it.
Oral argument will be set on summary judgment motions unless waived by all parties.
Page 1 | RULE 15 - OBTAINING COURT ORDER (d) Oral Arguments
Adjournment & Extension Requirements
The Court may continue a law and motion matter on its own initiative, and an ex parte request to continue a court-ordered matter must comply with Rule 3, UDCR.
Matters scheduled for law and motion may be continued by the Court on its own initiative. Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, UDCR.
Page 1 | RULE 18 - LAW AND MOTION (d) Continuances
Law and motion scheduled on an official holiday is continued to the next business day; if Monday is the holiday, the following Tuesday's session moves to Wednesday of that week.
Should scheduled law and motion fall on an official holiday, it shall then be continued to the next business day. Should Monday be the holiday, the law and motion scheduled for the following Tuesday shall continue to Wednesday of that same week.
Page 1 | RULE 18 - LAW AND MOTION (a)(4) Day and Time
A matter set for law and motion that becomes contested may be postponed and rescheduled.
Matters set for law and motion date which become contested are subject to postponement and rescheduling.
Page 1 | RULE 18 - LAW AND MOTION (b) Routine Matters
The Court may refuse to vacate a trial setting because of a plea agreement until the defendant has appeared and entered a plea the Court finds acceptable.
At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court.
Page 4 | RULE 25 - CRIMINAL ACTIONS
The Court may continue scheduled law and motion on any designated date at its discretion.
Scheduled law and motion may continue on any designated date at the discretion of the Court.
Page 1 | RULE 18 - LAW AND MOTION (a)(5) Day and Time
Chambers Communication Rules
Unless the Judge schedules them, contested matters, matters involving factual questions, and matters requiring more than 30 minutes must be scheduled through the Court’s Administrative Assistant at the stated number.
Unless scheduled by the Judge, contested matters, matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court’s Administrative Assistant at (406) 654-1062.
Page 1 | RULE 18 - LAW AND MOTION (e) Contested Matters
Counsel or parties shall notify the Clerk of Court by noon on the preceding business day of matters to be placed on the law and motion calendar.
Counsel or parties shall notify the Clerk of Court by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | RULE 18 - LAW AND MOTION (c) Calendar
After-hours library use requires the Judge’s permission, and access remains at the local Sheriff’s department’s discretion.
Use of the library during other than regular business hours shall be only by permission of the Judge, and access shall be at the discretion of the local Sheriff’s department.
Page 5 | RULE 34 - LAW LIBRARY
Attorneys with an office practice in the county may remove library materials only after informing the local Clerk of Court.
Only attorneys maintaining an office practice within the county where the library is located can remove books or materials from the library upon first informing the local Clerk of Court.
Page 5 | RULE 34 - LAW LIBRARY
Counsel may withdraw a matter from the law and motion calendar if it was placed there solely because counsel previously notified the Clerk.
Counsel may withdraw from the law and motion calendar any matter placed thereon solely by reason of their prior notification to the Clerk of Court.
Page 1 | RULE 18 - LAW AND MOTION (d) Continuances
A moving party may present an emergency matter to the Court at any time upon an adequate showing.
Emergency matters may be presented to the court at any time upon adequate showing by moving party.
Page 1 | RULE 18 - LAW AND MOTION (c) Calendar
Counsel may apply to the court for consideration of a situation inadequately covered by the rules or for relief from their application.
If counsel believe in good faith they have a situation which is not covered adequately by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the court for its consideration.
Page 5 | RULE 35 - AMENDMENT--RELIEF
The public may request access to the law library from the Clerk of Court during the business day.
The library will be open to the general public during the business day upon request made of the Clerk of Court.
Page 5 | RULE 34 - LAW LIBRARY