Wheatland County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Exhibits
- In Advance
Adjournments
- An ex parte request to continue a matter set by court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
- A discovery-deadline extension requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position, accompanied by a proposed order titled “Amended Discovery Order” with new deadlines.
- A trial-continuance request must be made by written motion stating specific reasons and whether other parties oppose; the judge has discretion to grant it.
Request must include
Communication
Phone
Fax
Document Format Requirements5 rules
In marking trial exhibits, plaintiff shall use numbers, and defendants shall use letters. Multiple defendants should use a different initial before numbering of each exhibit. (Eg., Defendant Robin would use R-1, R-2, etc.)
- Exhibits
Formatting
- •Plaintiffs shall use numbers to mark trial exhibits
- •Defendants shall use letters to mark trial exhibits
To provide impartial copies for submission to the jury, parties must be prepared to offer an unbound copy of approved jury instructions absent of citation of authority, offered party and consecutive numbering required under Rules 7(b)&(c), Uniform District Court Rules.
- Jury instructions
Formatting
- •The offered party must be identified
Parties are to comply with such request within twenty (20) days in writing.
Formatting
- •Status reports requested by the Court must be in writing
Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial.
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 ending balance.
Document Filing Requirements30 rules
All other parties telefaxing or electronically submitting a document shall, on the date of the transmission, mail the original of the document to the Clerk of Court by first class mail.
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.
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 of the proposed order shall make reference to the underlying motion.
- Document
- Motion
Must include
- •Proposed order
The title of every motion and brief must identify the submitting party and briefly describe the subject.
Court's wording
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. (Eg., Defendant’s Motion for Change of Venue)
The telefaxed or electronically submitted 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 or electronic transmission was sent to the Clerk of Court and the date of such transmission.
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.
Should this phone conference result in an agreed scheduling order, the parties shall complete and present a written scheduling order in approved format for Court approval.
The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
- Document
- Discovery deadline extension request
Must include
- •Proposed order
No matter may be placed on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the Clerk of Court.
Any agreement reached in mediation shall be promptly reduced to writing and upon execution by parties, a written status report shall be filed with the Court.
Any motion to postpone trial on grounds of absence of witness or evidence shall be supported by affidavit under § 25-4-501, MCA showing that reasonable grounds exist to believe the absent witness or evidence cannot otherwise be obtained and that the same will be available should postponement be granted.
Within thirty (30) days, settlement documents must be prepared and filed.
Each party will submit to the settlement judge/master a confidential settlement statement containing a summary of their case and description of strengths and weaknesses on each side.
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.
Any petition filed to commence proceedings involving modification of child support shall include a statement whether the requesting party has knowledge of the child(ren) receiving or applying for public assistance
When uniform child support guidelines apply, the parties must complete an accepted-form worksheet and financial affidavits, filing them in non-contested cases and offering them as exhibits in contested cases.
Court's wording
As long as application of uniform child support guidelines is required under § 40-4-204, Montana Code Annotated, a guidelines worksheet and financial affidavit(s), in accepted form, must be completed. In non-contested cases, these documents must be filed as required by § 46.30.1515 Administrative Rules of Montana. In contested cases, these documents must be offered into evidence as exhibits.
The petition shall inform the requesting 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.
This application shall inform those claiming indigence that reimbursement for all or portions of costs incurred by the State Montana in providing appointed counsel may be required and shall contain the applicant’s agreement to diligently inform the Office of the Public Defender of any substantial change in the reported financial conditions.
Upon a probation officer’s request, appointed counsel must provide an estimate of time spent on legal services for inclusion in the defendant’s presentence report.
Court's wording
In order to determine a defendant’s ability to reimburse costs of his or her defense counsel, court appointed counsel shall upon request of the probation officer provide an estimate of time incurred in providing legal services to be included in a defendant’s pre-sentence report.
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.
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
An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval.
All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.
In such event, the certificate of deposit must be in the name of the Clerk of Court as trustee for the minor or incapacitated person, interest must automatically accrue and be reinvested, the certificate cannot be cashed without prior court order, the bank must expressly consent to these limitations, and the certificate of deposit must be delivered to the Clerk of Court for safekeeping, to be delivered upon the conservatorship estate being terminated.
A bond must be posted in all conservatorship actions unless good cause is shown for not requiring the same. Good cause for not requiring a bond exists if the total estate of the conservatorship is invested in a certificate of deposit in a local bank and fully insured by FDIC.
Unless waived by Court Order or these local rules, all orders should contain provisions requiring conservators to provide an annual accounting.
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 ending balance.
In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.
Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence.
Filing & Service rules
Electronic Filing Rules
A document that may be filed by mail may instead be submitted by fax or electronic transmission under the stated procedure.
Any document which may be filed by mail may be submitted by telefax or electronic transmission using the following procedure.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Documents and filings containing only the attorney’s signature may be filed via fax or email, and the original will no longer need to be filed.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Filing Timing and Cure Windows
A faxed or electronically transmitted document is filed on the date and time the Clerk of Court receives it.
The date and time of the Clerk of Court’s receipt of the telefax and rescheduling. or electronically transmitted document shall be the date and time of filing.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
All other parties telefaxing or electronically submitting a document shall, on the date of the transmission, mail the original of the document to the Clerk of Court by first class mail.
All other parties telefaxing or electronically submitting a document shall, on the date of the transmission, mail the original of the document to the Clerk of Court by first class mail.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
If the clerk does not timely receive the signed original, the court may strike the faxed or electronically submitted document, after which it has no force or effect.
Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed or electronically submitted document and thereupon, it shall have no force or effect whatsoever.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
Plaintiffs must present a proposed order setting a scheduling conference within 20 days after all responsive pleadings are filed or 90 days after the complaint is filed, whichever comes first.
Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of a complaint, whichever comes first, Plaintiff(s) will present to the Court a proposed Order setting scheduling conference.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
Settlement documents must be prepared and filed within 30 days.
Within thirty (30) days, settlement documents must be prepared and filed.
Page 3 | Settlement Documents
The requesting agency must deliver the requested information or file a response within 20 days after service.
The petition shall inform the requesting 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 | Confidential Criminal Justice Information
Unless the defendant effectively waives it, the PSI 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 | Pre-Sentence Investigation
A party filing for bankruptcy protection must immediately notify this Court of the filing.
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 | Bankruptcy
Notice of a discharge or confirmation of a bankruptcy reorganization plan superseding a claim in this Court must be filed upon that event.
Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed
Page 4 | Bankruptcy
The proposed order and written bail recommendations must be submitted when the County Attorney seeks leave to file an Information.
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.
Page 4 | Bail
Parties must provide requested status reports in writing within twenty days.
Parties are to comply with such request within twenty (20) days in writing.
Page 5 | RULE 34 - DISMISSAL OF ACTIONS FOR LACHES
Service and Proof of Service Rules
If the original is not served on the day it is transmitted, service must comply with Rule 5, M.R.Civ.P.
Should the original of the telefaxed or electronically filed document not be served on the same day as transmittal, service of the document must be made as provided in Rule 5, M.R.Civ.P.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
If the petitioner has the specified knowledge, the petitioner must immediately give written notice of the pending action to the Child Support Enforcement Division and State Attorney General’s Office and file proof with the Clerk.
if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division and the State Attorney General’s Office, in writing of the pending action and file proof of such notice with the Clerk of Court.
Page 3 | Notice to Child Support Enforcement Division
Unless there is an emergency, prosecutors must deliver charging documents to the accused or counsel at least 24 hours before arraignment.
In the absence of an emergency, and to assist in the speedy administration of justice in the District Courts, prosecutors shall deliver a copy of any charging documents to the accused and/or his counsel at least 24 hours prior to the time set for arraignment in order that the accused may review them and make an informed plea at arraignment.
Page 4 | Arraignment
The petitioner must serve a copy of a covered petition on each agency maintaining the requested information.
A copy of any petition for the release of confidential criminal justice information under §§ 44-5-111 and 44-5-303, MCA, shall be served by petitioning party upon each agency maintaining such information.
Page 4 | Confidential Criminal Justice Information
Filing Fees and Waivers
Filing by fax or electronic means does not change or delay payment of fees as required by the Clerk of Court.
Filing documents by telefax or by electronic means shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.
Page 1 | RULE 15 - TELEFAX AND ELECTRONIC FILING
If dissemination is allowed, copying costs 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 | Confidential Criminal Justice Information
Courtesy Copy Requirements
Copies of all standard-size exhibits must be prepared in advance for the judge and opposing counsel.
Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel.
Page 3 | Exhibits
Sealing & Redaction Procedures
The Court may deny a request to seal sensitive settlement information when disclosure is in the public interest.
The court reserves the right to deny a request to seal sensitive information as part of a settlement, if disclosure of the information is in the public interest.
Page 3 | Sealing Confidential Information
Pre-Motion Conference Requirements
Motions must be briefed and are deemed submitted under Rule 2 of the Uniform District Court Rules.
All motions filed shall be briefed and deemed submitted pursuant to Rule 2, Uniform District Court Rules.
Page 1 | RULE 14 - OBTAINING COURT ORDER
Adjournment & Extension Requirements
An ex parte request to continue a matter set by court order for law and motion must comply with Rule 3 of the Uniform District Court Rules.
Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, Uniform District Court Rules.
Page 1 | RULE 17 - LAW AND MOTION
A discovery-deadline extension requires a court order on written request stating discovery completed to date, reasons for missed deadlines, and opposing counsel’s position, accompanied by a proposed order titled “Amended Discovery Order” with new deadlines.
Extension of deadline to complete discovery must be by Court order upon written request setting forth the discovery accomplished to date, the reasons for missed discovery deadlines, and a statement regarding opposing counsel’s position on the request. The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
A trial-continuance request must be made by written motion stating specific reasons and whether other parties oppose; the judge has discretion to grant it.
Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose continuance. Continuances are addressed to the discretion of the judge.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
Chambers Communication Rules
Scheduling inquiries, court-appointed counsel assignment inquiries, and transcript requests must be referred to Derinda Hazelton at the stated address, telephone number, or fax number.
All inquiries concerning the scheduling of matters, court appointed counsel assignments, and requests for transcripts MUST, in order to avoid conflicts, be referred to Derinda Hazelton, 506 Main Street, Roundup, Montana 59072; Telephone: 406-323-1701, Fax: 406-323-1710.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
Counsel or parties must notify the Court Administrator by noon on the preceding business day of matters to be placed on the law-and-motion calendar.
Counsel or parties shall notify the Court Administrator by noon on the preceding business day of matters to be placed on the law and motion calendar.
Page 1 | RULE 17 - LAW AND MOTION
Anyone seeking a conference with the judge must first check in with Court Administrator Derinda Hazelton to avoid scheduling conflicts.
All persons seeking a conference with the judge MUST, in order to avoid conflict, first check in with the Court Administrator Derinda Hazelton.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
Unless the Judge schedules them, contested matters involving factual questions or requiring more than 30 minutes must be scheduled through the Court Administrator at the stated telephone number.
Unless scheduled by the Judge, contested matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court Administrator at (406) 323-1701.
Page 1 | RULE 17 - LAW AND MOTION
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrator at (406) 323-1701 to discuss a proposed scheduling order.
At least ten (10) days prior to the scheduling conference, attorneys for the parties and any unrepresented parties shall have a phone conference with the Court’s Administrator at (406) 323-1701 to discuss a proposed scheduling order.
Page 2 | RULE 18 - SCHEDULING AND PRE-TRIAL
If a case settles before trial without documentation, the parties must promptly inform the Court in person or by conference call.
parties shall forthwith inform the Court in person or by conference call
Page 3 | Settlement Documents
A party who believes a potentially violent situation might arise should notify the assigned judge and court administrator sufficiently in advance to allow security measures to be arranged.
In any type of case where a party believes that a potentially violent situation might arise, that party, through counsel or pro se, should notify the assigned judge and court administrator sufficiently in advance so that appropriate security measures can be taken.
Page 2 | RULE 19 - SECURITY
After any briefing or additional-filing period, parties may—and are encouraged to—send the Court a reminder letter limited to a brief description of the matter and the date it was made or taken under advisement.
In matters pending or taken under advisement including, but not limited to, a motion or decision in a bench trial, parties may, and are encouraged, following any period as allowed for briefing or additional filing, to send the Court a reminder letter containing only a brief description of the matter needing attention and the date it was made or taken under advisement.
Page 1 | RULE 16 - COMMUNICATIONS WITH THE COURT
Counsel may withdraw from the law-and-motion calendar a matter placed there solely because of counsel’s prior notification to the Court Administrator.
Counsel may withdraw from the law and motion calendar any matter placed thereon solely by reason of their prior notification to the Court Administrator.
Page 1 | RULE 17 - LAW AND MOTION