Yellowstone County District Court, Montana Service and Proof of Service Rules

CRITICAL

Service

Court service

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Court service to all parties

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Guilty plea acknowledgment

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.

CRITICAL

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.

WARNING

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.