Valley County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Request for leave to file information

Must include

proposed order

When seeking leave to file an Information, the County Attorney must submit a proposed order and written bail recommendations for the initial appearance.

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.

CRITICAL

Applies to

Acknowledgment of rights form

Before arraignment, defense counsel must review the Acknowledgment of Rights form with the defendant, seek the defendant’s signature, and present the form at arraignment.

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.

CRITICAL

Applies to

Order to show cause temporary restraining order or like order

Two copies of an order to show cause, temporary restraining order, or similar order must be presented; if accepted, one is retained for court files and the duplicate original is returned for service.

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.

CRITICAL

Applies to

Alford plea

Counsel proffering an Alford plea must present a factual basis showing good reason for the Court to accept it.

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.

CRITICAL

Applies to

Oral argument request

In civil cases, a request for oral argument on a motion other than summary judgment must state specific reasons.

In civil cases, parties desiring oral argument on other motions must support the request with specific reasons.

CRITICAL

Applies to

Child support modification petition

A petition commencing proceedings to modify child support must state whether the requesting party knows that the child or children receive or have applied for public assistance.

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

CRITICAL

Applies to

Proposed order

An application for an order must include a separate proposed order before the hearing or court action, and its title must refer to the underlying motion when applicable.

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.

CRITICAL

Applies to

Motion

A request for a court order must be made by motion stating its grounds with particularity and the relief sought.

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.

CRITICAL

Applies to

Bankruptcy notice

A party filing for bankruptcy protection must immediately notify the Court in writing 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.

CRITICAL

Applies to

Motion and brief

Motion and brief titles must identify the submitting party and briefly describe the subject.

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.

CRITICAL

Applies to

Presentence investigation report

When preparing a PSI, the probation officer must make reasonable efforts to contact victims, inform them of their right to attend and testify at sentencing, and seek a written statement for attachment to the PSI.

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.

CRITICAL

Applies to

Financial disclosure application

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.

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.

CRITICAL

Applies to

Proposed findings

A party seeking a variance from support guidelines or withholding requirements must furnish written proposed findings addressing the clear-and-convincing-evidence basis for the variance.

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.

CRITICAL

Applies to

Telefaxed document

A telefaxed document must show all necessary signatures to be accepted.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

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.

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.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that a telefax was sent to the Clerk of Court and give the transmission date.

The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission.

CRITICAL

Applies to

Custody or visitation hearing

In a contested custody or visitation case, the moving parent or parents must acknowledge by the hearing that they have read and considered the guidelines.

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.

CRITICAL

Applies to

Plea agreement

A plea agreement under § 46-12-211, MCA must be written, signed by counsel and the defendant, and entered into evidence.

Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.

CRITICAL

Applies to

Petition for release of confidential criminal justice information

The petition must tell the requested agency to deliver the 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.

WARNING

Applies to

Order

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.

WARNING

Applies to

Omnibus hearing memorandum

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.

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.

INFO

Applies to

Annual accounting

An annual accounting may be submitted informally by letter with the listed account information and financial records; the excerpt cuts off before the final required item is stated.

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

CRITICAL

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.

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.