Yellowstone County District Court, Montana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
- Chambers Drop Off • Upon Filing
Courtesy copies
- Chambers Drop Off
Page & Word Limits2 rules
Pleadings/briefs in all cases, except initial pleadings and except where otherwise limited in any statute or rule, shall be limited to 20 pages, not including attachments. Additional pages may be filed only with leave of the court upon a showing of good cause.
- Pleading or brief
- Up to 20 pages
Excluded from page count
- •Attachments
Unless otherwise ordered or agreed to in writing, each party’s or counsel’s settlement statement may not exceed five pages.
- Settlement statement
- Up to 5 pages
Court's wording
Unless otherwise ordered or agreed to by the parties in writing, the following guidelines shall apply to settlement conferences before a settlement master and to mediations before a mediator: (2) A statement from each party or counsel shall be submitted directly to the settlement master or mediator no later than three (3) business days prior to the conference. The statement may not exceed five (5) pages in length
Document Format Requirements3 rules
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
- Proposed order
Formatting
- •Submit in Word format
STIPULATIONS AND AGREEMENTS. Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.
INTERROGATORIES. The form of interrogatories and answers thereto shall conform to the requirements of Rule 33, Montana Rules of Civil Procedure.
Document Filing Requirements15 rules
All requests for extension of time, whether written or oral, shall be accompanied by an appropriate proposed order.
- Document
- Extension request
Must include
- •Proposed order
All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure.
Unless otherwise ordered or waived by the judge upon request and good cause, counsel must present and serve a trial brief at least two days before trial containing the case theory, issues, and supporting authorities.
Court's wording
Unless otherwise ordered, at least two (2) days before the trial of any cause, civil or criminal, counsel shall present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the law of the case and in support of the introduction of evidence proposed to be offered. See Rule 4 above for length limitations. The presiding judge may waive a trial brief upon request and for good cause.
Except for a clerk-entered default judgment under Rule 55(b)(1), counsel applying for an order, judgment, or decree must present it in writing with the court file for the Judge’s signature.
Court's wording
Except in circumstances where the Clerk of District Court enters judgment by default as provided in Rule 55(b)(1) M.R.Civ. P., it shall be the duty of counsel obtaining any order, judgment or decree to present the same, accompanied by the court file, in written form for the signature of the Judge at the time of applying for the order, judgment or decree.
Counsel for the Department shall provide a list of items that shall be expected to be disseminated in discovery.
DISCOVERY. Discovery shall not be routinely filed and shall only be filed upon certification of counsel that filing is necessary and appropriate to a pending motion or upon order of the Court.
When filing a petition to terminate parental rights, Department counsel must provide parents’ and children’s counsel with exculpatory documentation, including the specified examples.
Court's wording
Counsel for the Department, at the time of the filing of a petition for termination of parental rights, shall also provide to counsel for the parents and child(ren) any exculpatory documentation, including, but not limited to, documents supportive of a parent's ability to parent and documents evidencing completion of treatment plan tasks.
All parties shall have a duty to supplement dissemination of the above documents and information as it becomes available.
When filing a petition for permanent legal custody, Department counsel must provide the specified counsel, guardian ad Litem, and appointed CASA with copies of all documents the Department seeks to admit at the termination trial, including the described third-party reports.
Court's wording
If not previously done so, counsel for the Department, at the time of the filing of a petition for permanent legal custody, shall provide to counsel for the parents, child(ren) and the guardian ad Litem, and appointed CASA copies of all documents sought to be admitted into evidence at the termination trial by the Department, including, but not limited to, all reports generated by third parties gathered by the Department in the course of its investigation and treatment of the family involved.
A transcript request must be made in writing and filed in the court file.
Court's wording
TRANSCRIPT. In the case of an appeal, a party must make a written request to the court reporter or transcriptionist for a transcript of the proceedings and make satisfactory arrangements to pay the estimated fees to obtain the transcript. The request must be filed in the court file
The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and the motion shall be noticed for hearing by the moving party.
Before a guilty plea is accepted, the defendant’s attorney must file a fully executed waiver acknowledgment consistent in form and content with the Clerk’s general-order-file copy.
Court's wording
Before the judge will accept any plea of guilty, the attorney for the defendant shall file with the Court a fully executed Acknowledgment of Waiver of Rights by Plea of Guilty, in the form and with content consistent with the one on file with the Clerk in the general order file, copies of which shall be available from the Clerk.
Unless otherwise ordered or agreed to in writing, each settlement statement must contain the specified case, legal, factual, and settlement information; it may not be filed or exchanged with other parties and is returned after the conference, subject to the stated statistical-report exception.
Court's wording
Unless otherwise ordered or agreed to by the parties in writing, the following guidelines shall apply to settlement conferences before a settlement master and to mediations before a mediator: (2) A statement from each party or counsel shall be submitted directly to the settlement master or mediator no later than three (3) business days prior to the conference. The statement may not exceed five (5) pages in length and shall contain: (i) The background of the case; (ii) Factual and legal issues, including damages; (iii) Points and authorities of law; (iv) A description of the strongest and weakest points in their case, both legal and factual, and that of their opponents; (v) The history of settlement negotiations, including a recitation of any specific offers and demands; and (vi) The settlement statement shall not be filed or exchanged with other parties and will be returned to the party providing the statement at the close of the settlement conference. (Provided, however, that a report of the success or failure of the settlement conference may be made to the Yellowstone Area Bar Association for statistical purposes.)
If an attorney for a party or a self-represented party has used generative Artificial Intelligence (hereafter “AI”) in the preparation of any document filed with the 13th Judicial District Court, they MUST, identify the type of AI used and CERTIFY every citation to the law or record in the filing has been verified as accurate.
- Document
- Filed document
Must include
- •AI disclosure
Discovery in the possession of the Department that should be regularly disseminated to counsel shall include, but not be limited to, the following: • Family Functioning Assessments, when available • Safety plans
Filing & Service rules
Electronic Filing Rules
Montana-admitted and pro hac vice lawyers appearing in the District must register for and use electronic filing; mandatory filing applies to DJ, DN, DC, DD, and DI cases beginning July 1, 2019, and DR and DV cases beginning July 1, 2023, subject to Electronic Filing Rule 6(a).
The Thirteenth Judicial District has implemented an electronic filing system for all case types capable of being electronically filed. Cases that are generally capable of being electronically filed include, but are not necessarily limited to, DC, DN, DJ, DR, DV, DD and DI cases. All lawyers admitted to practice in Montana, or those appearing pro hac vice, who shall appear in cases filed in the Thirteenth Judicial District shall become registered users of the electronic filing system and begin using the electronic filing system. The types of cases that shall be included in mandatory electronic filing in the Thirteenth Judicial District and the effective date of mandatory electronic filing in each type of case are as follows: Effective Date for Mandatory Electronic Filing: Type of Case: July 1, 2019 DJ, DN, DC, DD and DI July 1, 2023 DR and DV Consistent with Electronic Filing Rule 2(b), use of the electronic filing system for all lawyers admitted to practice in Montana, or those appearing pro hac vice, is mandatory in all cases, subject to Electronic Filing Rule 6(a), and the effective dates set forth above. Mandatory use of the electronic filing system shall apply to all cases, irrespective of filing date, after the effective dates set forth above.
Page 10 | RULE 14 — ELECTRONIC FILING
Registered users must keep their electronic filing profiles current, accurate, and complete and notify the Clerk if their email address changes.
All registered users of the electronic filing system are responsible for keeping the registration information profile current, accurate and complete in the electronic filing system by notifying the Clerk of Court should the registered users email address change.
Page 10 | RULE 14 — ELECTRONIC FILING
Registered users must submit proposed orders through the electronic filing system.
Registered users shall submit all proposed orders in the electronic filing system in Word format so they may be edited as necessary by Chambers.
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A waiver for use of the electronic filing system may be granted on application to the Chief Judge for compelling or extenuating circumstances.
Upon application to the Chief Judge of the Thirteenth Judicial District, waivers for use of the system may be granted for compelling or extenuating circumstances.
Page 11
Electronic filing is not mandatory for self-represented litigants, but they are strongly encouraged to register to use the system.
While use of the electronic filing system is not currently mandatory for self-represented litigants, self-represented litigants are strongly encouraged to become registered users of the system.
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Filing Timing and Cure Windows
Attorneys must designate Law and Motion matters in advance; the calendar closes at 4:00 p.m. two business days before the Law and Motion day, although exceptions may infrequently be made case by case.
Each attorney shall designate in advance the matters to be presented by him/her on Law and Motion day. The matters so designated shall be listed by the Clerk on a Law and Motion calendar, which calendar shall be closed at 4:00 p.m. two business days prior to each Law and Motion day. On infrequent occasion exception to this cut-off time may be made on a case-by-case basis.
Page 4 | Rule 2 — Law and Motion
After a Rule 12(b)(6) motion is granted or denied, the unsuccessful party has 20 days to amend or answer unless the order sets a different time.
When a motion made under Rule 12(b)(6), Montana Rules of Civil Procedure is granted or denied, the unsuccessful party shall have twenty (20) days within which to amend or answer unless a different time shall be prescribed in the order granting or denying the motion.
Page 6 | Rule 6 — Time to Amend
Unless otherwise ordered or waived upon request and good cause, counsel must present the trial brief to the presiding judge at least two days before trial.
Unless otherwise ordered, at least two (2) days before the trial of any cause, civil or criminal, counsel shall present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the law of the case and in support of the introduction of evidence proposed to be offered. See Rule 4 above for length limitations. The presiding judge may waive a trial brief upon request and for good cause.
Page 8 | RULE 10
Counsel must present any order to the Clerk immediately after the Court makes it.
When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel.
Page 9 | ORDERS, JUDGMENTS AND DECREES
If the original order is taken out for service, a copy must be presented to the Clerk immediately upon signing.
A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk immediately upon the signing of the order.
Page 9 | ORDERS, JUDGMENTS AND DECREES
All orders, decrees, and judgments must be filed immediately after the Court signs them.
All orders, decrees and judgments shall be immediately filed following signature by the Court.
Page 9 | ORDERS, JUDGMENTS AND DECREES
A party must file and serve written specific objections or apply to the district court for an extension within 10 days after service of notice of filing, or the Standing Master’s judgment is final.
B. Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgement is final.
Page 11 | Rule 15 — Standing Masters
Dispositive motions must be made within 60 days after arraignment.
Dispositive motions shall be made within sixty (60) days of arraignment.
Page 16 | RULE 26 — CRIMINAL CASES
Unless otherwise ordered or agreed to in writing, each party or counsel must submit a statement directly to the settlement master or mediator at least three business days before the conference.
Unless otherwise ordered or agreed to by the parties in writing, the following guidelines shall apply to settlement conferences before a settlement master and to mediations before a mediator: (2) A statement from each party or counsel shall be submitted directly to the settlement master or mediator no later than three (3) business days prior to the conference.
Page 18 | RULE 29
Additionally, one more day should be added if a holiday falls on a weekday. For example, if Monday is a holiday, then the calendar would close at 4:00 pm the previous Wednesday for a Tuesday court day.
Additionally, one more day should be added if a holiday falls on a weekday. For example, if Monday is a holiday, then the calendar would close at 4:00 pm the previous Wednesday for a Tuesday court day.
Page 5 | Rule 2 — Law and Motion
Within ten days after receiving notice, another party may file an objection and notice the matter for hearing.
Within ten days of such notice, any other party may file his objection and notice the matter for hearing.
Page 8 | RULE 9
The State or defendant may make a permitted motion after arraignment, and the moving party must notice it for hearing.
The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and the motion shall be noticed for hearing by the moving party.
Page 16 | RULE 26 — CRIMINAL CASES
Service and Proof of Service Rules
Upon a motion to substitute a judge, the Clerk must promptly reassign the case randomly and notify the involved judges and parties or their attorneys personally or by U.S. Mail.
When a party moves to substitute a judge in any case, the Clerk of Court shall at once reassign said case in a random manner to another department, mak- ing a memorandum thereof for the file and notifying the judges involved and all parties to said cause, or their attorneys, personally or by U. S. Mail.
Page 5 | Rule 3 — Substitution of Judges
Unless otherwise ordered or waived upon request and good cause, counsel must serve the trial brief on opposing counsel at least two days before trial.
Unless otherwise ordered, at least two (2) days before the trial of any cause, civil or criminal, counsel shall present to the judge presiding and serve upon opposing counsel a trial brief, setting forth a statement of the theory of their cause and the issues involved, with a statement of the authorities upon which they rely as to both the law of the case and in support of the introduction of evidence proposed to be offered. See Rule 4 above for length limitations. The presiding judge may waive a trial brief upon request and for good cause.
Page 8 | RULE 10
A party intending to oppose dismissal or file closure must notify every other party of the reasons for opposing it.
Any party that intends to show cause that an action should not be dismissed or the file closed will give notice of his reasons for opposing the dismissal to any other party.
Page 8 | RULE 9
If the Court will serve an executed unopposed or routine order, the presenting party must provide conforming copies and stamped envelopes addressed to the parties to be served.
If service of an executed order is to be made by the Court, a party presenting an unopposed or routine order shall furnish the Court with copies of the unopposed or routine order to conform together with stamped envelopes addressed to the parties upon whom the documents will be served.
Page 9 | ORDERS, JUDGMENTS AND DECREES
The Yellowstone County Clerk of Court must serve documents issued by a District Judge or Standing Master, whether or not mandatory filing applies to the case.
Service of any notice, order, judgment or other document issued by a Judge or Standing Master of the Thirteenth Judicial District shall be accomplished by the Yellowstone County Clerk of Court consistent with Electronic Filing Rule 6. The Clerk of Court’s responsibility to provide service is irrespective of whether the type of case requires mandatory filing or not.
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B. Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgement is final.
B. Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgement is final.
Page 11 | Rule 15 — Standing Masters
In covered child protection cases, Department counsel must maintain an open-file discovery policy, including treatment plans, and disseminate discovery without a motion or request to the specified attorneys, guardians ad Litem, and appointed CASA volunteers.
In child protection (abuse and neglect) cases brought by the Montana Department of Public Health and Human Services, counsel for the Department shall maintain an "open client file" discovery policy which includes dissemination of treatment plans to all parties involved in the case. Dissemination of discovery shall be made without motion or request to all attorneys for the parents and the child(ren)'s attorney(s) and/or guardian(s) ad Litem in all cases, and CASA volunteers when appointed.
Page 13 | RULE 21 — DISCOVERY
Counsel for the other parties must provide all parties copies of documents they may seek to introduce into evidence within a reasonable time and no later than 15 days before the hearing.
Within a reasonable time thereafter, but at least 15 days prior to hearing, counsel for the other parties shall provide counsel for all parties with copies of documents that the party may seek to introduce into evidence.
Page 14 | RULE 21 — DISCOVERY
The transcript request must be served on the opposing party.
The request must be filed in the court file and served upon the opposing party.
Page 15 | RULE 23
Copies of the executed guilty-plea acknowledgment must be served on the persons designated by the form at the time it specifies.
Copies of the executed document shall be served upon the persons designated by said form and at the time provided.
Page 16 | RULE 25
It is expected all documents to be produced hereunder shall be produced within 14 days of a party creating or receiving a document unless good cause is shown as to why such cannot occur.
It is expected all documents to be produced hereunder shall be produced within 14 days of a party creating or receiving a document unless good cause is shown as to why such cannot occur.
Page 13 | RULE 21 — DISCOVERY
Courtesy Copy Requirements
Counsel must provide Chambers with a courtesy copy of all documents.
Registered users are also reminded that pursuant to Thirteenth Judicial District Local Rules a courtesy copy of all documents must be provided to Chambers by counsel.
Page 11
Attorneys must deliver paper courtesy copies of motions and briefs directly to the presiding judge’s or standing master’s chambers when filing, whether or not the documents were e-filed.
At the time of filing, attorneys are required to deliver paper courtesy copies of such motions and briefs directly to the presiding Judges' or Standing Masters' chambers, regardless of whether the documents were filed via e-filing.
Page 19 | RULE 31
When a motion hearing is requested or other immediate action is sought, a courtesy copy of the motion or request should be provided directly to the Court in chambers.
Any motion for which a hearing is requested or other immediate action by the Court is sought, a courtesy copy of the motion or request should be provided directly to the Court in chambers.
Page 6 | Rule 5 — Motions - Extensions - Presentation
Sealing & Redaction Procedures
Parties, counsel, and CASA volunteers may use received discovery only for the abuse or neglect litigation in which it was disseminated.
No party, counsel, or CASA shall use discovery received other than for purposes of abuse/ neglect litigation in which the discovery was disseminated.
Page 13 | RULE 21 — DISCOVERY
Parties, counsel, and CASA volunteers must not publicly disseminate received discovery.
No party, counsel or CASA shall publicly disseminate discovery received.
Page 13 | RULE 21 — DISCOVERY
Discovery may be redacted only to protect a reporter’s identity or pursuant to a court order sought by a party’s application.
Discovery may be redacted only to protect the identity of reporters, or as ordered by the Court, upon application by a party.
Page 13 | RULE 21 — DISCOVERY
Except as it relates to each attorney’s own client, it is recognized that the information disseminated in discovery should be treated as confidential, private, and entitled to protection from disclosure.
Except as it relates to each attorney’s own client, it is recognized that the information disseminated in discovery should be treated as confidential, private, and entitled to protection from disclosure.
Page 13 | RULE 21 — DISCOVERY
Counsel may provide discovery to a trial witness or expert with a reasonable need for it only after the recipient acknowledges agreement to be bound by the Rule.
A copy of discovery may be provided by counsel, to any trial witness or expert witness, or any consulting expert, who reasonably has need for it. However, prior to provision, the witness, or expert witness, or consulting expert shall acknowledge his/ her agreement to be bound by this Rule.
Page 14 | RULE 21 — DISCOVERY
Counsel of record’s staff may access discovery; discovery about other persons may be shown to a client, subject to the stated exception, but may not be duplicated, electronically transmitted, or otherwise made available to that client.
Staff of counsel of record shall have access to the discovery. Except for the dissemination of discovery relating directly to each attorney’s own client or a child as to that parent, discovery relating to other persons involved in the case shall be permitted to be shown to the client but not duplicated or electronically transmitted to the client or otherwise made available to the client.
Page 14 | RULE 21 — DISCOVERY
Pre-Motion Conference Requirements
After a reply brief is filed or the time allowed for either party’s brief expires, the Clerk must present the motion to the Court for decision.
Following the filing of a reply brief or the lapse of the time allowed either party for filing of a brief, the Clerk shall present such motion to the Court for decision.
Page 6 | Rule 5 — Motions - Extensions - Presentation
Adjournment & Extension Requirements
B. Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgement is final.
B. Unless a party has filed and served written specific objections or applied to the district court for an extension within 10 days after being served with notice of filing of the findings of fact and conclusions of law or order, the Standing Master’s judgement is final.
Page 11 | Rule 15 — Standing Masters
An extension of time to file briefs may be granted on oral application without notice to the adverse party.
Pursuant to Rule 6(b) of the Montana Rules of Civil Procedure, extension of time for filing briefs may be granted on oral application without notice to the adverse party.
Page 6 | Rule 5 — Motions - Extensions - Presentation
An extension of the statutory transcript-preparation time will not be granted absent good cause.
Except for good cause shown, no extension of the time allowed by statute in which to prepare a transcript will be granted.
Page 15 | RULE 23
Chambers Communication Rules
When an outside judge is called in, plaintiff’s counsel must notify the originally assigned local judge a reasonable time before proceedings and, with that judge’s assistance, arrange necessary personnel and facilities.
When an outside judge has been called in, it shall be the duty of plaintiff's counsel, a reasonable time in advance of any proceedings to be taken, to notify the local judge who was originally assigned to the case and with his/her assistance make arrangements for all personnel and facilities necessary to accom- modate the needs of the case and the outside judge.
Page 5 | Rule 3 — Substitution of Judges
Before noticing a contested motion for argument or hearing, the moving party must obtain a date and time from the Court.
Prior to noticing a contested motion for argument or hearing, the moving party shall obtain a date and time for same from the Court.
Page 6 | Rule 5 — Motions - Extensions - Presentation
Counsel must make requests for issuance of an order in person unless prior arrangements have been made or the matter is self-evident and the Court will have no questions.
Except in those instances where prior arrangements have been made with the Court or in matters of a self-evident nature concerning which the Court will have no questions, no requests for the issuance of an order will be considered by the Court unless the request is made by counsel in person.
Page 9 | ORDERS, JUDGMENTS AND DECREES
Counsel must consult with the assigned Judge to confirm or reset the hearing date.
Thereafter, it shall be the duty of counsel to consult with the assigned Judge to either confirm or reset the hearing date fixed.
Page 12 | Rule 16 — Absence or Disability of Judge
Counsel must discuss with the Court a party’s request for confidential criminal justice information or other confidential records on or before a hearing, or by motion to the Court.
Discovery of confidential criminal justice information or other confidential records sought by a party shall be discussed by counsel with the Court on or before any hearing, or upon motion made to the Court.
Page 13 | RULE 21 — DISCOVERY
If a judge cannot hold Law and Motion on the assigned day, the judge must arrange for another judge to preside or, if the session will be cancelled, give the Clerk advance notice when possible.
In the event a judge is unable to hold Law and Motion on his/her assigned day, he/she shall make arrangements with another judge to preside in his/her place, or, if it is to be cancelled, provide advance notice, if possible, to the Clerk of Court of such cancellation, when possible.
Page 4 | Rule 2 — Law and Motion
Press representatives must communicate with the presiding judge before the day of trial or hearing about the number and placement of cameras and microphones.
Press representatives shall communicate with the presiding judge in advance of the day of trial or hearing about the numbers and placements of cameras and microphones.
Page 22 | RULE 33
Consult the Clerk of Court to determine the Law and Motion schedule for a given day.
Consult the Clerk of Court to determine Law and Motion on any given day.
Page 3 | Rule 2 — Law and Motion