Wheatland County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Faxed or electronically submitted document

Other parties submitting a document by fax or electronic transmission must mail its original to the Clerk of Court by first-class mail on the transmission date.

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.

CRITICAL

Applies to

Order

Orders must prohibit conservators from borrowing estate funds without prior court approval.

All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval.

CRITICAL

Applies to

Settlement documents

Settlement documents must be prepared and filed within 30 days.

Within thirty (30) days, settlement documents must be prepared and filed.

CRITICAL

Applies to

Confidential settlement statement

Each party must submit a confidential settlement statement summarizing its case and the strengths and weaknesses on each side.

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.

CRITICAL

Applies to

Scheduling order

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.

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.

CRITICAL

Applies to

Petition

The petition must inform the agency that within 20 days after service it must deliver the requested information to the Court for in camera inspection or file a response.

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.

CRITICAL

Applies to

Motion

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

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

Motion

Must include

proposed order

A party seeking an order must submit a separate proposed order before the hearing or court action, and, when applicable, its title must refer to the underlying motion.

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.

CRITICAL

Applies to

Public defender application

The public-defender application must advise indigent applicants that reimbursement may be required and include their agreement to report substantial changes in financial circumstances to the Public Defender’s Office.

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.

CRITICAL

Applies to

Pre sentence report

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.

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.

CRITICAL

Applies to

Certificate of deposit

When a certificate of deposit is used in place of a bond, it must be held in the Clerk of Court's name as trustee, automatically accrue and reinvest interest, remain uncashable without prior court order, have the bank's express consent to these limits, and be delivered to the Clerk for safekeeping until the estate terminates.

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.

CRITICAL

Applies to

Discovery deadline extension request

Must include

proposed order

A discovery-deadline extension request must include a proposed order titled “Amended Discovery Order” containing proposed new deadlines.

The request must be accompanied by a proposed order identified as “Amended Discovery Order” containing proposed new deadlines.

CRITICAL

Applies to

Law and motion calendar submission

A matter cannot 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.

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.

CRITICAL

Applies to

Bankruptcy notice

A party filing for bankruptcy protection must immediately notify this 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

The title of every motion and brief 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. (Eg., Defendant’s Motion for Change of Venue)

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

Petition

A petition commencing a child-support modification proceeding 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 the requesting party has knowledge of the child(ren) receiving or applying for public assistance

CRITICAL

Applies to

Mediation agreement and status report

A mediation agreement must promptly be put in writing, and the parties must file a written status report with the Court upon executing the agreement.

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.

CRITICAL

Applies to

Child support guidelines worksheet and financial affidavits

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.

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.

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

Bond

A bond must be posted in every conservatorship action unless good cause is shown; good cause exists when the entire estate is invested in a certificate of deposit at a local bank and fully insured by the FDIC.

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.

CRITICAL

Applies to

Faxed or electronically submitted document

A faxed or electronically submitted document will not be accepted unless it is completely legible, bears all necessary signatures, and does not cause telephone or fax charges to be reversed to the court.

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.

CRITICAL

Applies to

Motion to postpone trial

A motion to postpone trial because a witness or evidence is absent must be supported by an affidavit showing reasonable grounds to believe the witness or evidence cannot otherwise be obtained and will be available if postponement is granted.

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.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that the fax or electronic transmission was sent to the Clerk of Court and give the transmission date.

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.

CRITICAL

Applies to

Omnibus hearing memorandum

Counsel must prepare and submit an Omnibus Hearing Memorandum for Court approval.

An Omnibus Hearing Memorandum shall be prepared and submitted by counsel, for Court for approval.

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, the court retains one and returns the duplicate original 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.

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

Annual accounting

An informal letter accounting is accompanied by a list showing the location of all accounts, proof of the beginning balance, itemized income and expenses, and proof of the ending balance.

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.

INFO

Applies to

Annual accounting

No annual accounting is required when the certificate-of-deposit arrangement described in the preceding rule applies.

In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

CRITICAL

Applies to

Plea agreement

A plea agreement under § 46-12-211 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.