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2011 L awyers’

Deskbook & D irectory


All Federal & Tribal Courts & Rules


Included in this section:

ALL FEDERAL & TRIBAL COURTS & RULES

U.S. Supreme Court................................................................................... 7 U.S. Ninth Circuit Court of Appeals, Judges & Clerk................................. 7 U.S. Ninth Circuit Court of Appeals & Public Phone List............................ 7 U.S. Ninth Circuit Judicial Conference Delegates...................................... 8

U.S. District Court (Montana)..................................................................... 8

U.S. Trustee (Montana)............................................................................ 10

U.S. Attorney General ............................................................................. 10

Tribal Courts in Montana . ....................................................................... 11

U.S. Bankruptcy Court (Montana)............................................................ 10

U.S. Attorney (Montana).......................................................................... 10 Federal Defenders of Montana................................................................ 10


Montana Supreme Court, Related Commissions & Rules


Included in this section:

MONTANA SUPREME COURT, RELATED COMMISSIONS & RULES Montana Supreme Court Justices & Staff, Court Clerk, Court Administrator................................... 13 Office of Disciplinary Counsel............................................................... 13 Internal Operating Rules ................................................................. 14 Rules Regarding Counsel for Indigent Persons in Capital Cases.. ..17 Sentence Review Division Rules & Forms ...................................... 19 Montana Supreme Court Rules of Appellate Procedure  http://data.opi.state.mt.us/bills/mca_toc/25_21.htm Montana Supreme Court Commissions...................................................... 23 Board of Bar Examiners........................................................................ 23 Board of Bar Examiners’ Rules  www.montanabar.org (click on Admission to the Bar) Character & Fitness (Commission on) . ............................................... 24 Character & Fitness Rules  www.montanabar.org (click on Admission to the Bar). Civil and Appellate Procedure (Advisory Commission on) .................. 25 Civil Jury Instructions Guidelines Commission .................................... 26 Continuing Legal Education (Commission of) ..................................... 27 Rules for Continuing Legal Education ............................................ 28 Uniform Accreditation Application..................................................... 32 Courts of Limited Jurisdiction (Commission on)................................... 33 Criminal Jury Instructions Commission................................................. 34 District Court Council ........................................................................... 35 Equal Justice Task Force ..................................................................... 36 Gender Fairness Commission ............................................................. 37 Judicial Conduct (Commission on the Code of) .................................. 38 Judicial Nomination Commission.......................................................... 39 Judicial Standards Commission . ......................................................... 40 Rules of the Judicial Standards Commission ................................... 41 Practice (Commission on)..................................................................... 46 Public Defender Commission .............................................................. 47 Rules of Evidence (Commission on) . .................................................. 48 Self-Represented Litigants (Commission on) ...................................... 49 Sentence Review Division ................................................................... 50 Technology (Commission on) .............................................................. 51 Uniform District Court Rules Commission............................................ 52


Montana District Courts & Rules


Included in this section:

MONTANA DISTRICT COURTS & RULES

Map of State Judicial Districts..................................................................... 53

District Court Judges, Clerks & Staff........................................................... 54

Montana Uniform District Court Rules & Forms.......................................... 64

5th Judicial District............................................................................. 85

6th Judicial District............................................................................. 87

7th Judicial District............................................................................. 94

9th Judicial District........................................................................... 104

10th Judicial District......................................................................... 108

11th Judicial District..........................................................................112

12th Judicial District..........................................................................116

13th Judicial District......................................................................... 120

14th Judicial District......................................................................... 124

15th Judicial District........................................................................... 64

16th Judicial District......................................................................... 128

17th Judicial District......................................................................... 133

18th Judicial District......................................................................... 138

19th Judicial District`........................................................................ 141

20th Judicial District......................................................................... 147

21st Judicial District......................................................................... 148

22nd Judicial District........................................................................ 159

Local District Court Rules:................................................................. 64 1st Judicial District............................................................................. 70 2nd Judicial District............................................................................ 72 3rd Judicial District............................................................................. 64 4th Judicial District............................................................................. 78

8th Judicial District........................................................................... 100


Other State, Court & County Listings


Included in this section:

OTHER STATE, COURT & COUNTY LISTINGS

Montana Attorney General.....................................................................163

State Government Legal Offices...........................................................164

Montana Chiropractice Legal Panel Rules of Procedure (see Annotations to MCA 27-12-204)

Montana Workers’ Compensation Court................................................163 Montana Water Court............................................................................163

Montana Medical Legal Panel Rules of Procedure.......................................................................165

County Listings Including:......................................................................170 Courts of Limited Jurisdiction County Attorney Clerk of District Court Sheriff/Coroner Clerk & Recorder

Cities, Towns, Counties & Judicial Districts...........................................180


ENTER HERE: www.montanabar.org Make the State Bar web site your

daily doorway into the World Wide Web. You’ll find daily Montana legal news, legal research and rules. You’ll also find updates on court orders, ethics opinions, information on the State Bar of Montana and more!

Benefits of Logging Into Your Member Profile Pay Dues Update your contact information Print payment receipts Register for Bar-sponsored CLEs

Make www.montanabar.org your Internet start-up page - Call up www.montanabar.org - Go to “Tools” at top of screen, then hit Internet Options>General

Request certificates of good standing

- Fill in the “Home Page” slot with http://www.montanabar.org

Join a section

-. Hit “Use Current,” then hit OK

& commission membership Display a personal photo

- www.montanabar.org will now automatically come up as the opening page each time you enter the Internet

State Bar, Related Groups & Rules

View your committees, sections


Included in this section:

STATE BAR, RELATED GROUPS & RULES

State Bar Staff............................................................................................... 185 Calendar of Events........................................................................................ 186 Officers.......................................................................................................... 187 Map of State Bar Areas................................................................................. 187 ABA Representatives.................................................................................... 187 Board of Trustees.......................................................................................... 188 Annual Strategic Plan.................................................................................... 189 1974 State Bar Unification Order.................................................................. 192 Constitution of the State Bar ........................................................................ 193 2001 Dues Order........................................................................................... 194 By-laws of the State Bar . ............................................................................. 198 Policies of the Board of Trustees ................................................................. 205 By-laws of the Paralegal Section of the State Bar ............................................ 213 Committees................................................................................................... 215 Access to Justice.................................................................................... 215 Annual Meeting....................................................................................... 216 CLE Institute........................................................................................... 217 Dispute Resolution.................................................................................. 218 Elderly Assistance................................................................................... 219 Ethics ..................................................................................................... 220 Operating Rules of the Ethics Committee . ........................................... 221 Executive Committee ............................................................................. 222 Fee Arbitration........................................................................................ 223 Rules of Arbitration of Fee Disputes................................................... 224 Judicial Relations.................................................................................... 227 Law-Related Education........................................................................... 228 Lawyer Referral and Information Service .............................................. 229 Rules of Operation of the Lawyer Referral & Information Service  www.montanabar.org (click on Self-Help Law Information) Lawyers’ Fund for Client Protection Board............................................. 230 Lawyers’ Fund for Client Protection Rules.......................................... 231 Trust Account Maintenance & Audit Requirements............................. 234 Trust Account Overdraft Notification Rule........................................... 236 Lawyers Helping Lawyers....................................................................... 237 Past Presidents....................................................................................... 239 Professionalism....................................................................................... 240 Resolutions............................................................................................. 241 Technology . ........................................................................................... 242 Sections........................................................................................................ 243 State Bar of Montana Group Benefits Trust.................................................. 244


Rules Regarding Conduct


Included in this section:

RULES REGARDING CONDUCT

2008 Montana Code of Judicial Conduct...............................................245

Montana Rules of Professional Conduct...............................................259

Rules for Lawyer Disciplinary Enforcement...........................................275

Standards of Professional Courtesy to Clients......................................286

Standards of Professional Courtesy Among Attorneys..........................287

Standards of Professional Courtesy and Ethics between the Judiciary and Attorneys.........................................................................................288

Ten Commandments for Trial Lawyers..................................................289

Paralegal Rules of Professional Responsibility.....................................274

Montana Values.....................................................................................290


Forms


Included in this section:

FORMS

Pro Hac Vice Admission Form  www.montanabar.org (click on Admission to the Bar) Pro Hac Vice Admission Rules  www.montanabar.org (click on Admission to the Bar)

Sample Written Fee Agreements and Forms............................................ 291


Other Associations & Organizations


Included in this section:

OTHER ASSOCIATIONS & ORGANIZATIONS

American Bar Association & Other State Bars.......................................... 299 Canadian Bar Associations....................................................................... 301

Montana Law-Related Associations.......................................................... 302

Disability Rights Montana......................................................................... 303

Montana Justice Foundation..................................................................... 304

Montana Legal Services Association........................................................ 305

Montana Local Bar Associations............................................................... 306


Attorney Support Services


Included in this section:

ATTORNEY SUPPORT SERVICES

Advertising.............................................................................................307

Attorney Support Services........................................................................ 307

Computers................................................................................................ 308

Consultants............................................................................................... 308 Continuing Legal Education...................................................................... 310

Court Reporters........................................................................................ 310

Expert Witnesses...................................................................................... 312

Foundations.............................................................................................. 312

Handwriting Experts.................................................................................. 312

Insurance.................................................................................................. 313

Law Libraries (Montana)........................................................................... 313

Law Schools (Montana)............................................................................ 313

Legal Research......................................................................................... 313

Mediation & Arbitration.............................................................................. 313

Phone Systems......................................................................................... 313

Video Conferencing.................................................................................. 313

Video Production Services........................................................................ 313

Web Sites.................................................................................................. 313

State Law Library of Montana................................................................... 314

Jameson Law Library.............................................................................314

Property Exchanges.................................................................................. 313

The University of Montana School of Law................................................ 314


Membership


Included in this section:

MEMBERSHIP

As of March 18, 2010, State Bar membership totaled 4,529. Of this number, 3,308 were in-state members and 1,221 were out-of-state members. Of the same total, 3,479 were Active members, 784 were Inactive members, 104 had Judicial status, 131 were Senior members, 2 were Emeritus members and 29 were Active Military members.

Alphabetical Listing of All Attorneys...........................................................316

Montana Attorneys By City.........................................................................420

Out-of-Montana Attorneys By State...........................................................436

International Members...............................................................................441

Paralegal Section Members.......................................................................442

Law Firms by City*.....................................................................................446

Address Change/Re-order Form.................................................. LAST PAGE

*Listed by request

“A” = ACTIVE (Currently licensed to practice law in Montana)

“I” = INACTIVE (Eligible for active membership but currently not practicing law in Montana)

“ID” = INACTIVE DISABILITY (MT Supreme Court-ordered status)

“J” = JUDGE (Full time Judges, justices)

“AM” = ACTIVE MILITARY (Full time active military service)

“S” = SENIOR (70 years or older and not engaged in the practice of law)

“E” = EMERITUS (Granted through application-may practice on a limited basis)

For further explanation of membership types, see State Bar of Montana By-laws, Section 3, Classes of Membership on page 198 of this publication.

Doe, Mary Jane . ...................................................................(406) 123-4567 Any Street, #111 (406) 123-5678 fax Butte, MT 59701 A - 1/03 mjdoe@email.com


Confidential Helpline Call toll-free

1-888-385-9119 or (406) 683-6525

Lawyers Helping Lawyers Confidential services for members of the Montana legal

community troubled by alcoholism, other chemical dependency, stress, depression, or other mental health issues.

FREQUENTLY USED NUMBERS Bar Admissions..............................................(406) 447-2202 CLE Institute...................................................(406) 447-2206 Equal Justice Administrator.........................(406) 447-2201 Law-Related Education Center.....................(406) 442-7660 Lawyer Referral & Information Service........(406) 449-6577 Lawyers Helping Lawyers.............................(888) 385-9119 MCLE Administrator......................................(406) 447-2207 Montana Attorney General............................(406) 444-2026 Montana Supreme Court Administrator.......(406) 444-2621 Montana Supreme Court Clerk.....................(406) 444-3858 Office of Disciplinary Counsel......................(406) 442-1648 School of Law, University of Montana.........(406) 243-4311 State Bar of Montana.....................................(406) 442-7660 State Law Library...........................................(406) 444-3660 The Montana Lawyer/ State Bar Web site....(406) 447-2200 U.S. District Court Clerk for Montana..........(406) 542-7260 UM Jameson Law Library..............................(406) 243-6171


MISSION STATEMENT

Table of of Contents Contents Table

The Mission of the Board of ALL FEDERAL & TRIBAL COURTS & RULES Trustees of the State Bar of Montana is to lead the legal U.S. Supreme Court ................................................................ 7 profession and serve the U.S. Ninth Cir. Court of Appeals, Judges & Clerk .................... 7 public interest. U.S. Ninth Cir. Court of Appeals & Public Phone List .............. 7 STATE BAR OF MONTANA U.S. Ninth Cir. Judicial Conference Delegates ........................ 8 U.S. District Court (Montana) . ................................................. 8  www.mtd.uscourts.gov/rules.htm Rules of Procedure............... 7 West 6th Avenue, Ste. 2B U.S. Bankruptcy Court (Montana) . ........................................ 10 P.O. Box 577 www.mtb.uscourts.gov Rules of Procedure............................. Helena, MT 59624 U.S. Trustee (Montana) ......................................................... 10 phone: (406) 442-7660 U.S. Trustee Guidelines (Region 18) . ..................................... fax: (406) 442-7763  http://www.justice.gov/ust/r18/docs/general/fee_guidelines.pdf www.montanabar.org mailbox@montanabar.org U.S. Attorney General ............................................................ 10 U.S. Attorney (Montana) ........................................................ 10 Federal Defenders of Montana............................................... 10 STATE BAR OFFICERS Tribal Courts in Montana......................................................... 11 President MONTANA SUPREME COURT, RELATED Joseph M. Sullivan, Great Falls COMMISSIONS & RULES President-Elect Shane A. Vannatta, Missoula Secretary-Treasurer K. Paul Stahl III., Helena Immediate Past President Cynthia K. Smith, Missoula Chairman of the Board Randall A. Snyder, Bigfork

BOARD OF TRUSTEES

Pamela J. Bailey, Billings Pamela D. Bucy, Helena Darcy M. Crum, Great Falls Ellen Donohue, Anaconda Vicki W. Dunaway, Billings Leslie Halligan, Missoula Jason T. Holden, Great Falls Thomas M. Keegan, Helena Jane Mersen, Bozeman Mark D. Parker, Billings Olivia Norlin Rieger, Glendive Ryan C. Rusche, Poplar Randall A. Snyder, Bigfork Bruce M. Spencer, Helena Matthew B. Thiel, Missoula Lynda S. White, Bozeman Tammy Wyatt-Shaw, Missoula

Montana Supreme Court ....................................................... 13

Justices & Staff ............................................................... 13 Court Clerk ..................................................................... 13 Court Administrator ......................................................... 13 Internal Operating Rules . ...................................... 14 Rules Regarding Counsel for Indigent Persons in Capital Cases ........................................................ 17 Sentence Review Division Rules & Forms ............ 19 Montana Supreme Court Rules of Appellate Procedure http://data.opi.mt.gov/bills/mca_toc/25_21.htm  Montana Supreme Court Commissions ................................. 23 Board of Bar Examiners ................................................. 23 Board of Bar Examiners’ Rules www.montanabar.org (click on Admission to the Bar)  Character and Fitness (Commission on) ........................ 24 Character & Fitness Rules...........................................  www.montanabar.org (click on Admission to the Bar) Civil and Appellate Procedure (Advisory Commission on)25 Civil Jury Instructions Guidelines Commission ............... 26 Continuing Legal Education (Commission of) ................ 27 Rules for Continuing Legal Education ................... 28 Uniform Application for Accreditation of CLE ......... 32 Courts of Limited Jurisdiction (Commission on) ............. 33 Criminal Jury Instructions Commission .......................... 34 District Court Council ...................................................... 35 i.


How to recycle this book: o Remove spiral, front and back covers, and colored tabs. o All remaining pages are recyclable. o For a recycling facility near you, visit: www.recyclemontana.org 

Credits Cover photo: © Lawrence Stolte | Dreamstime.com

Fall Along Going to the Sun Road

This image of the highway and fall colors with the mountains and snow in the background was taken in Glacier National Park.

The Lawyers’ Deskbook & Directory is published annually by the State Bar of Montana. The publication of any advertisement in the Lawyers’ Deskbook & Directory is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

 Copyright 2011

State Bar of Montana

Equal Justice Task Force.......................................................... 36 Gender Fairness Commission ................................................. 37 Judicial Conduct (Commission on the Code of) .................... 38 Judicial Nomination Commission ......................................... 39 Judicial Standards Commission................................................40 Rules of the Judicial Standards Commission........................41 Practice (Commission on).........................................................46 Public Defender Commission....................................................47 Rules of Evidence (Commision on) ..........................................48 Self-Represented Litigants (Commission on)............................49 Sentence Review Division.........................................................50 Technology (Commission on)....................................................51 Uniform District Court Rules Commission.................................52 MONTANA DISTRICT COURTS & RULES Map of State Judicial Districts ................................................. 53 District Court Judges, Clerks & Staff ....................................... 54 Montana Uniform District Court Rules & Forms ........... 64 Local District Court Rules 1st Judicial District .................................................... 70 2nd Judicial District ................................................... 72 3rd Judicial District .................................................... 64 4th Judicial District .................................................... 78 5th Judicial District .................................................... 85 6th Judicial District .................................................... 87 7th Judicial District .................................................... 94 8th Judicial District .................................................. 100 9th Judicial District .................................................. 104 10th Judicial District ................................................ 108 11th Judicial District ................................................ 112 12th Judicial District ................................................ 116 13th Judicial District ................................................ 120 14th Judicial District ................................................ 124 15th Judicial District .................................................. 64 16th Judicial District................................................. 128 17th Judicial District................................................. 133 18th Judicial District................................................. 138 19th Judicial District................................................. 141 20th Judicial District................................................. 147 21st Judicial District................................................. 148 22nd Judicial District................................................ 159 OTHER STATE, COURT & COUNTY LISTINGS Montana Workers’ Compensation Court................................ 163 Rules of Procedure...................................http://wcc.dli.mt.gov/  Montana Water Court ............................................................ 163 Rules of Procedure.........................http://courts.mt.gov/water/  Montana Attorney General..................................................... 163

ii.


State Government Legal Offices............................................ 164 Montana Chiropractic Legal Panel Rules of Procedure (see Annotations to MCA 27-12-204) Montana Medical Legal Panel Rules of Procedure...................................................... 165 County Listings Including: ..................................................... 170 Courts of Limited Jurisdiction County Attorney Clerk of District Court Sheriff/Coroner Clerk & Recorder Cities, Towns, Counties & Judicial Districts............................ 180 STATE BAR, RELATED GROUPS & RULES State Bar Staff........................................................................ 185 Calendar of Events................................................................. 186 Officers ................................................................................. 187 Map of State Bar Areas.......................................................... 187 ABA Representatives............................................................. 187 Board of Trustees................................................................... 188 Annual Strategic Plan............................................................. 189 1974 State Bar Unification Order........................................... 192 Constitution of the State Bar ................................................. 193 2001 Dues Order.................................................................... 194 By-laws of the State Bar ........................................................ 198 Policies of the Board of Trustees . ......................................... 205 By-laws of the Paralegal Section of the State Bar . ............... 213 Committees............................................................................ 215 Access to Justice ........................................................ 215 Annual Meeting . ......................................................... 216 CLE Institute ............................................................... 217 Dispute Resolution ..................................................... 218 Elderly Assistance ...................................................... 219 Ethics........................................................................... 220 Operating Rules of the Ethics Committee ............... 221 Executive Committee . ................................................ 222 Fee Arbitration ............................................................ 223 Rules of Arbitration of Fee Disputes ....................... 224 Judicial Relations......................................................... 227 Law-Related Education .............................................. 228 Lawyer Referral and Information Service ................... 229 Rules of Operation of the Lawyer Referral &  www.montanabar.org Information Service ..................... (click on For the Public) Lawyers’ Fund for Client Protection Board.................. 230 Lawyers’ Fund for Client Protection Rules............... 231 Trust Account Maintenance & Audit Requirements..234 Trust Account Overdraft Notification Rule..............236 Lawyers Helping Lawyers Network .........................237

STATE BAR OF MONTANA PRESIDENTS 1975-76 Marshall Murray 1976-77 Tom Mahan 1977-78 Bruce Toole 1978-79 Ted Thompson 1979-80 Maury Ormseth 1980-81 Bob Corette 1981-82 Alex George 1982-83 Ward Shanahan 1983-84 Sandy McCracken 1984-85 Doug Wold 1985-86 George Dalthorp 1986-87 Terry Trieweiler 1987-88 John Warner 1988-89 Max Hansen 1989-90 Gary Spaeth 1990-91 Damon Gannett 1991-92 Jim Johnson 1992-93 Sherry Matteucci 1993-94 Bob Carlson 1994-95 Bob Phillips 1995-96 Gary Day 1996-97 Don MacIntyre 1997-98 Martha Sheehy 1998-99 Brent Cromley 1999-00 Ed Bartlett 2000-01 Molly Shepherd 2001-02 Donald R. Murray 2002-03 Andrew P. Suenram 2003-04 Robert J. Sullivan 2004-05 Keith Maristuen 2005-06 Bernard F. McCarthy 2006-07 Peggy Probasco 2007-08 John C. Schulte 2008-09 Chris D. Tweeten 2009-10 Cynthia K. Smith

STATE BAR OF MONTANA EXECUTIVE DIRECTORS Prior to 1966, the Executive Committee, with the assistance of an executive secretary, ran the Bar. 1966-1972 J.R. “Ray” Wine, Jr. 1972-1974 Diana S. Dowling 1974-1983 Kent M. Parcell 1983-2001 George L. Bousliman 2001-present Christopher L. Manos

iii.


MONTANA JUSTICE FOUNDATION As the charitable arm of the Montana legal profession, the Montana Justice Foundation needs your support. To help ensure justice is accessible for all Montanans, please consider making a tax-deductible contribution to the Montana Justice Foundation (P.O. Box 9169, Missoula, MT 598079169. To leave a legacy of justice, please consider including the Montana Justice Foundation in your will or estate. Gifts are also encouraged in honor of a colleague or in memory of a loved one. For more information, please contact Amy Sings In The Timber at (406) 523-3920. Or visit: www.mtjustice.org

Past Presidents . ................................................................ 239 Professionalism ................................................................. 240 Resolutions......................................................................... 241 Technology.......................................................................... 242 Sections ................................................................................ 243 State Bar of Montana Group Benefits Trust........................... 244 RULES REGARDING CONDUCT 2008 Montana Code of Judicial Conduct............................... 245 Montana Rules of Professional Conduct................................ 259 Paralegal Rules of Professional Responsibility...................... 274 Rules for Lawyer Disciplinary Enforcement............................ 275 Standards of Professional Courtesy to Clients....................... 286 Standards of Professional Courtesy Among Attorneys........... 287 Standards of Professional Courtesy and Ethics between the Judiciary and Attorneys.......................................................... 288 Ten Commandments for Trial Lawyers................................... 289 Montana Values...................................................................... 290 FORMS Pro Hac Vice Admission Form.............................................. www.montanabar.org (click on Admission to the Bar) Pro Hac Vice Admission Rules. ............................................ www.montanabar.org (click on Admission to the Bar)  Sample Written Fee Agreements and Forms......................... 291 OTHER ASSOCIATIONS & ORGANIZATIONS American Bar Association...............................................299 Association of Legal Administrators..................................302 Canadian Bar Associations. ............................................301 Clerks of District Courts (Montana Association of)...............302 County Attorneys Association (Montana). ..........................302 Criminal Defense Lawyers (Montana Association of). ..........302 Defense Trial Lawyers Association (Montana). ...................302 Disability Rights Montana. ..............................................303 Judges Association (Montana).........................................302 Legal Assistants (Montana Association of).........................302 Montana Justice Foundation ...........................................304 Montana Legal Services Association.................................305 Montana Local Bar Associations. .....................................306 Montana Magistrates Association.....................................302 Montana Trial Lawyers Association ..................................302 NALS of Montana, An Association of Legal Professionals ....302 Private Investigators and Security Operators......................... 302 (Montana Association of)

iv.


State Bar Associations . .................................................299 ATTORNEY SUPPORT SERVICES Advertising.............................................................................. 307 Attorney Support Services...................................................... 307 Computers.............................................................................. 308 Consultants ........................................................................... 308 Continuing Legal Education................................................... 310 Court Reporters...................................................................... 310 Expert Witnesses................................................................... 312 Foundations............................................................................ 312 Handwriting Experts............................................................... 312 Insurance................................................................................ 313 Law Libraries (Montana)......................................................... 313 Law Schools (Montana) . ....................................................... 313 Legal Research...................................................................... 313 Mediation & Arbitration........................................................... 313 Phone Systems...................................................................... 313 Property Exchanges............................................................... 313 Video Conferencing................................................................ 313 Video Production Services..................................................... 313 Web Sites............................................................................... 313 State Law Library of Montana................................................ 314 The University of Montana School of Law.............................. 314 Jameson Law Library............................................................. 314 MEMBERSHIP Alphabetical Listing of All Attorneys ..................................316 Montana Attorneys By City .............................................420 Out-of-Montana Attorneys By State. .................................436 International Members............................................................ 441 Paralegal Section Members................................................... 442 Law Firms (2 or more members) by City............................446 Address Change Form..............................................LAST PAGE

THE LRIS WHY WE NEED YOU... In the past year, the LRIS has given over 5000 referrals in addition to the many consumers directed to other legal resources!

WHY YOU NEED US... The LRIS receives an average of 20 calls per day from people seeking guidance from an attorney. You might believe that advertising in the phone book is sufficient for business. Frequently, those calls come from out of State or people located in Montana where they don’t have access to the local phone book. With over 5000 calls fielded annually, the LRIS has incredible income potential for a small service fee, and we do the advertising for you!

HOW TO APPLY... Log onto your State Bar ’s website www.montanabar.org and go to the For the Public tab/ Lawyer Referral Service. There you’ll find information about the service and the application form. If you have any questions or need additional information , or if you have any suggestions for how we can better serve you, please call Marie Connolly, our Staff Coordinator, at (406) 447-2204.

v.


vi.


FEDERAL COURTS U.S. Supreme Court

www.supremecourtus.gov Justices Clerk Hon. John G. Roberts, Jr., Chief Justice William K. Suter Hon. Antonin Scalia 1First Street, N.E. Hon. Anthony M. Kennedy Washington, DC 20543-0001 Hon. Clarence Thomas (202) 479-3011 Hon. Ruth Bader Ginsburg Opinion Announcements: Hon. Stephen G. Breyer (202) 479-3360 Hon. Samuel Anthony Alito, Jr. Hon. Sonia Sotomayor Hon. Elena Kagan U.S. Ninth Circuit Court of Appeals

www.ca9.uscourts.gov Active Circuit Judges in Order of Seniority Alex Kozinski, Chief Judge Mary M. Schroeder Harry Pregerson Stephen Reinhardt Diarmuid F. O’Scannlain Pamela Ann Rymer Sidney R. Thomas* Barry G. Silverman Susan P. Graber M. Margaret McKeown Kim McLane Wardlaw William A. Fletcher Raymond C. Fisher Ronald M. Gould Richard A. Paez Marsha S. Berzon Richard C. Tallman Johnnie B. Rawlinson Richard R. Clifton Jay S. Bybee Consuelo M. Callahan Carlos T. Bea Milan D. Smith, Jr. Sandra J. Ikuta N. Randy Smith

Senior Circuit Judges in Order of Seniority James R. Browning Alfred T. Goodwin J. Clifford Wallace Procter Hug, Jr. Otto R. Skopil Betty Binns Fletcher Jerome Farris Arthur L. Alarcon Dorothy W. Nelson William C. Canby, Jr. Robert Boochever Robert R. Beezer Cynthia Holcomb Hall John T. Noonan, Jr. David R. Thompson Edward Leavy Stephen S. Trott Ferdinand F. Fernandez Thomas G. Nelson Andrew J. Kleinfeld Michael Daly Hawkins A. Wallace Tashima

*The Ninth Circuit Judge in Montana Sidney R. Thomas P.O. Box 31478 Billings, MT 59107-1478 (406) 657-5950 (406) 657-5949 fax Judicial Assistant: Susan Ando United States Court of Appeals for the Ninth Circuit Clerk Molly Dwyer The James R. Browning Courthouse 95 Seventh Street P.O. Box 193939 San Francisco, CA 94119-3939 (415) 355-8000

Public Phone List Appellate Commissioner ........................ (415) 355-8110 Extensions of Time (Briefs) ................. (415) 355-7860 Attorney Admissions ...............................(415) 355-7800 General Information................................ (415) 355-8000 Calendar Unit ......................................... (415) 355-8190 Information Unit ................................... (415) 355-8000 Case Administration ...............................(415) 355-7830 Judicial Misconduct .............................. (415) 355-8099 Case Files .............................................. (415) 355-7810 Library ................................................. (415) 355-8650 Circuit Executive . ...................................(415) 355-8800 Motions Attorneys ................................ (415) 355-8020 Circuit Mediators .................................... (415) 355-7900 Operation Assistants ........................... (415) 355-7920 Computer Operations .............................(415) 355-7890 Human Resources . ............................. (415) 355-7869 Death Penalty .........................................(415) 355-8197 Procedural Motions ............................. (415) 355-7860 Divisional Office: Pasadena ...................(626) 229-7250 Procurement .......................................... (415) 355-8050 Divisional Office: Portland .......................(503) 833-5311 Pro Se Unit .......................................... (415) 355-8040 Divisional Office: Seattle ........................(206) 224-2200 Records Unit . ...................................... (415) 355-7820 Docketing--Civil ......................................(415) 355-7830 Staff Attorneys ..................................... (415) 355-8020 Docketing--Criminal ................................(415) 355-7840 Tours . .................................................. (415) 335-7930

7

©2011 Lawyers’ Deskbook & Directory


U.S. Ninth Circuit Judicial Conference Delegates (Montana lawyer representatives) Scott Gratton P.O. Drawer 849 Billings, MT 59103-0849 sgratton@brownfirm.com Appt. by: U.S. Dist. Ct. Term ends: 2011

Robert F. James P.O. Box 1746 Great Falls, MT 59403-1746 Appt. by: U.S. Dist. Ct. Term ends: 2013

David Paoli P.O. Box 8131 Missoula, MT 59802 davidrp@aol.com

Appt. by: U.S. Dist. Ct. Term ends: 2012

Ross P. Richardson P.O. Box 399 Butte, MT 59703-0399 Appt. by: U.S. Bankr. Ct. Term ends: 2011

U.S. District Court (Montana)

 www.mtd.uscourts.gov Hon. Richard F. Cebull, Chief Judge 316 N. 26th Street, Room 5428 Billings, MT 59101 (406) 247-4490 (406) 247-7023 fax Hon. Donald W. Molloy, District Judge 201 East Broadway P.O. Box 7309 Missoula, MT 59807 (406) 542-7286 (406) 542-7284 fax Helena Chambers: Paul G. Hatfield Courthouse 901 Front Street, Suite 3100 Helena, MT 59626 (406) 457-4911

Hon. Jeremiah C. Lynch, Magistrate Judge Russell Smith Courthouse 201 East Broadway, Room 370 Missoula, MT 59802 (406) 542-7280 (406) 542-7292 fax Hon. Keith Strong, Magistrate Judge Missouri River Courthouse 125 Central Avenue W. Suite 311 Great Falls, MT 59404 (406) 727-0028 (406) 727-6309 fax Hon. Richard W. Anderson, Magistrate Judge (recall status) 316 N. 26th Street, Room 5405 Billings, MT 59101 (406) 247-7008 fax

Hon. Sam E. Haddon, District Judge Missouri River Courthouse 125 Central Avenue W. Suite 301 Great Falls, MT 59404 (406) 727-8877 (406) 452-9866 fax

Hon. Robert M. Holter, Magistrate Judge (recall status) 125 Central Ave. West Great Falls, MT 59404-2386 (406) 727-0028 (406) 727-6309 fax

Hon. Jack D. Shanstrom, Senior Judge 316 N. 26th Street, Room 5319 Billings, MT 59101 (406) 247-7011 (406) 247-7016 fax

Hon. Gerard M. Schuster, Magistrate Judge (part-time) 112 Main Street Wolf Point, MT 59201 (406) 653-2201 (406) 653-2202 fax

Hon. Charles C. Lovell, Senior Judge Paul G. Hatfield Courthouse 901 Front Street, Suite 3100 Helena, MT 59626 (406) 441-1350 (406) 441-1352 fax Hon. Carolyn S. Ostby, Magistrate Judge 316 N. 26th Street, Room 5405 Billings, MT 59101 (406) 247-7025 (406) 247-7027 fax

8 ©2011 Lawyers’ Deskbook & Directory

Clerk of Court Patrick Duffy United States District Court 201 East Broadway P.O. Box 8537 Missoula, MT 59807 (406) 542-7260 (406) 542-7272 fax


Divisional Offices James F. Battin Federal Building 316 N. 26th, Room 5405 Billings, MT 59101 (406) 247-7000 (406) 247-7008 fax

Mike Mansfield Courthouse 400 North Main Street Federal Building - Room 303 Butte, MT 59701 (406) 782-0432 (406) 782-9045 fax

Missouri River Courthouse Suite 110 125 Central Avenue W. Great Falls, MT 59404 (406) 727-1922 (406) 727-7648 fax

Paul G. Hatfield Courthouse 901 Front St. Helena, MT 59626 (406) 441-1355 (406) 441-1357 fax

2011 Federal Holidays Date December 31, 2010* January 17 February 21 May 30 July 4 September 5 October 10 November 11 November 24 Monday, December 26**

Holiday New Year’s Day Martin Luther King, Jr. Day Lincoln’s & Washington’s Birthdays Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

2011 State Holidays Date December 31, 2010* January 17 February 21 May 30 July 4 September 5 October 10 November 11 November 24 December 26**

Holiday New Year’s Day Martin Luther King Jr. Day Lincoln’s & Washington’s Birthdays Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

* January 1, 2011 (the legal public holiday for New Year’s Day), falls on a Saturday. For most Federal and State employees, Friday, December 31, 2010, will be treated as a holiday. (See 5 U.S.C. 6103(b).) ** December 25, 2011 (the legal public holiday for Christmas Day), falls on a Sunday. For most Federal and State employees, Monday, December 26, will be treated as a holiday. (See section 3(a) of Executive order 11582, February 11, 1971.)

Russell E. Smith Courthouse 201 East Broadway Missoula, MT 59802 (406) 542-7260 (406) 542-7272 fax

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U.S. Bankruptcy Court (Montana)

www.mtb.uscourts.gov (for information, rules and forms) Judges Hon. Ralph B. Kirscher (Chief Judge) Hon. John L. Peterson (Senior Judge on recall) Mike Mansfield Federal Building and U.S. Courthouse, Room 303 400 N. Main Street Butte, MT 59701 (406) 497-1240; (406) 782-0537 fax Clerk Bernard F. McCarthy 497-1240

Chief Deputy Clerk Lynn Myers 497-1240

Law Clerk Terrence M. Healow 497-1240

Law Clerk Kelli L. Harrington 497-1240

U.S. Trustee (Montana)

http://www.justice.gov/ust/r18/great_falls/index.htm Robert D. Miller, Jr., Acting United States Trustee Neal G. Jensen, Assistant United States Trustee 301 Central Avenue, Suite 204 Great Falls, MT 59401-3113

(406) 761-8777 (406) 761-8895 fax

U.S. Attorney General

 http://www.justice.gov/ Eric H. Holder, Jr. U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 AskDOJ@usdoj.gov Department of Justice Main Switchboard (202) 514-2000 Office of the Attorney General (202) 514-2001

U.S. Attorney (Montana)

http://www.justice.gov/usao/mt/ Michael W. Cotter 2929 3rd Ave. N., Ste. 400 (59102) P.O. Box 1478 Billings, MT 59103 (406) 657-6101; (406) 657-6055 (direct fax) Butte: 161 Federal Building Butte, MT 59704 (406) 723-6611

Helena: 901 Front Street, Rm. 1100 Helena, MT 59626 (406) 457-5120

Great Falls: 119 - 1st Avenue N. Great Falls, MT 59401 (406) 761-7715

Missoula: 105 E. Pine Street Missoula, MT 59401 (406) 542-8851

Federal Defenders of Montana, Inc.

http://www.fdom.org Anthony Gallagher Federal Defender for the District of Montana 104 Second Street South P.O. Box 3547 Great Falls, MT 59403

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Great Falls (Headquarters) P.O. Box 3547 Great Falls, MT 59403 (406) 727-5328

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Billings (Branch Office) P.O. Box 1778 Billings, MT 59201 (406) 259-2459

Helena (Branch Office) P.O. Box 250 Helena, MT 59624 (406) 449-8381

Missoula (Branch Office) P.O. Box 9380 Missoula, MT 59807 (406) 721-6749


MONTANA TRIBAL COURTS

THE BLACKFEET NATION TRIBAL COURT Leatha Kipp, Court Administrator P.O. Box 1200 Browning, MT 59417 338-5061; 338-2722 fax leathablackfeetnation@yahoo.com

FORT BELKNAP INDIAN COMMUNITY COURT Rosie L.K. Main, Court Administrator RR1 Box 362 Harlem, MT 59526 353-8387; 353-4875 fax Rosie_lkmain@yahoo.com

CHIPPEWA CREE TRIBAL COURT Elinor Nault, Court Administrator RR1, Box 544 Box Elder, MT 59521 395-4808; 395-5184 fax elinor@cct.rockyboy.org

FORT PECK TRIBAL COURT - ASSINIBOINE & SIOUX TRIBES Rita Weeks, Court Administrator P.O. Box 1027 Poplar, MT 59255 768-2418; 768-3710 fax tribalcrt@nemontel.net www.fptc.org

CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT Rene Kenmille, Court Administrator P.O. Box 278 Pablo, MT 59855 675-2700 Ext. 1110; 675-4704 fax rene@cskt.org CROW TRIBAL COURT Donna Falls Down, Court Administrator P.O. Box 489 Crow Agency, MT 59022 638-4050; 638-4082 fax dtfallsdown@crowcourts.org

NORTHERN CHEYENNE COURT Annette Scalpcane, Court Administrator P.O. Box 1199 Lame Deer, MT 59043 477-8340; 477-6111 fax scalpcanea@yahoo.com

 For more tribal codes see the UM Jameson Law Library at:

http://www.umt.edu/law/library/Research%20Tools/Tribal%20Law. htm#Montana

 See the Tribal Law Portal at: http://www.indianlaw.mt.gov

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 http://www.courts.mt.gov/

JUSTICES: Rm. 414, Justice Bldg., 215 N. Sanders, P.O. Box 203001, Helena, MT 59620-3001 - 444-2621; 444-3274 fax CLERK (filings): Rm. 323, Justice Bldg., 215 N. Sanders, P.O. Box 203003, Helena, MT 59620-3003 - 444-3858; 444-5705 fax Chief Justice MIKE MCGRATH 444-5490 Term Expires: 2016

Staff Attorney Chris Wethern 444-5655 cwethern@mt.gov

Legal Research Assistant Alan Chronister 444-5491 achronister@mt.gov

Legal Research Assistant Andres Haladay 444-5491 ahaladay@mt.gov

Judicial Assistant Pam W. Hunthausen 444-5490 phunthausen@mt.gov Justice Legal Research Assistant Legal Research Assistant BETH BAKER Erin Farris Christian Dietrich 444-5573 444-5599 444-5599 bbaker@mt.gov efarris@mt.gov cdietrich@mt.gov Term Expires: 2018

Judicial Assistant Gwyn Gregor 444-5573 ggregor2@mt.gov

Justice PATRICIA COTTER 444-5570 pcotter@mt.gov Term Expires: 2016

Legal Research Assistant Terry B. Bass 444-5572 tbass@mt.gov

Legal Research Assistant Abby Rivenbark 444-5572 arivenbark@mt.gov

Judicial Assistant Lorrie Cole 444-5570 locole@mt.gov

Justice BRIAN MORRIS 444-5494 Term Expires: 2012

Legal Research Assistant Michelle Uberuaga 444-5498 muberuaga@mt.gov

Legal Research Assistant Nick Lofing 444-5498 nlofing@mt.gov

Judicial Assistant Jerri Woodring 444-5494 jwoodring@mt.gov

Justice JAMES C. NELSON 444-5570 jcnelson@mt.gov Term Expires: 2012

Legal Research Assistant Brent Larson 444-5569 brlarson@mt.gov

Legal Research Assistant Maria Roberts 444-5569 mroberts@mt.gov

Judicial Assistant Lorrie Cole 444-5570 locole@mt.gov

Justice JIM RICE 444-5573 jrice@mt.gov Term Expires: 2014

Legal Research Assistant Amy Summerer Young 444-5597 asummereryoung@mt.gov

Legal Research Assistant Kristen Larson 444-5597 klarson2@mt.gov

Judicial Assistant Gwyn Gregor 444-5573 ggregor2@mt.gov

Justice MICHAEL E WHEAT 444-5494 Term Expires: 2014

Legal Research Assistant Alexis Sandru 444-5496 asandru@mt.gov

Legal Research Assistant Katie Ranta 444-5496 kranta@mt.gov

Judicial Assistant Jerri Woodring 444-5494 jwoodring@mt.gov

Pro Se Law Clerk Sally Johnson 444-1412 sjohnson2@mt.gov Clerk of the Montana Supreme Court Ed Smith Room 323, Justice Building - 215 North Sanders P.O. Box 203003 Helena, MT 59620-3003 444-3858; 444-5705 fax Deputy Clerk Rex Renk Court Administrator Lois Menzies 301 S. Park, Suite 328 P.O. Box 203005 Helena, MT 59620-3002 841-2957; 841-2955 fax lmenzies@mt.gov

Office of Disciplinary Counsel 314 N. Last Chance Gulch, Suite 200 P.O. Box 1099 Helena, MT 59624-1099 (877) 442-1648 toll-free 442-1648; 442-2685 fax  www.montanaodc.org Disciplinary Counsel Shaun R. Thompson srthompson@montanaodc.org State Law Librarian of Montana Judith A. Meadows 215 North Sanders P.O. Box 203004 Helena, MT 59620-3004 444-3660; 444-3603 fax jmeadows@mt.gov

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MONTANA SUPREME COURT

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MONTANA SUPREME COURT RULES INTERNAL OPERATING RULES

Section I - Classification & Consideration for Summary Disposition, Rebriefing & Submission on Briefs 1. Upon receipt of appellant’s reply brief, or after the time for filing the same has expired, the office of the clerk of court shall promptly deliver copies of the briefs to all justices and to the chief justice all district court files. All documents subsequently received pertaining to such cases shall be promptly delivered to the chief justice. 2. The chief justice then shall assign each case to a panel of five justices and place each case on a conference agenda at least one week later. 3. On the conference date the following procedure will be used in considering the cases set for conference: (a) Each case will be discussed by the justices assigned to that case. The first issue shall be oral argument. If three justices request oral argument, the case will be set for oral argument en banc, and no further discussion will be held on that case. If a justice would like to discuss assigning a case for oral argument prior to the conference for which the case is scheduled, the case shall be placed on the next appropriate classification conference agenda en banc for pruposes of discussing oral argument of the case. (b) If an appeal is deemed frivolous, it will be summarily dismissed. If a case is found to be insufficiently briefed, it will be returned to counsel for such rebriefing as is required. (c) If an appeal presents no constitutional issues, no issues of first impression, does not establish new precedent or modify existing precedent, or, in the opinion of the Court, would otherwise not be of future guidance for citation purposes to the citizens of Montana, the bench, or the bar, the Court may classify that appeal as one for a noncitable opinion. The decision for the case will provide the ultimate disposition without a detailed statement of facts or law. The decision shall not be citeable as precedent but shall be filed as a public document with the clerk; shall be reported by result only to the State Reporter Publishing Company and to West Group along with the case title and Supreme Court cause number in the quarterly table of noncitable cases issued by this Court; and shall be assigned a public domain, neutral format citation in accordance with the Court’s order dated December 16, 1997, and posted to the State Bulletin Board. (d) (i) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or memorandum opinion affirming the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that the appeal is without merit because: (1) the issues are clearly controlled by settled Montana law or federal law binding upon the states; (2) the issues are factual and there clearly is sufficient evidence to support the jury verdict or findings of fact below; or (3) the issues are ones of judicial discretion and there clearly was not an abuse of discretion. (ii) Notwithstanding the provision in section (i) requiring unanimous action, an order or memorandum opinion affirming the judgment or order of the trial court may be entered pursuant to subsections (1) through (3) of section (i) on a majority vote, even though the claim may have merit in the view of the minority, provided that all justices participating in the action shall agree that such summary disposition of the action may be made. (iii) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or

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memorandum opinion reversing the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that the order or judgment is clearly erroneous for one or more of the following reasons: (1) summary judgment was erroneously granted because a genuine issue of material fact exists; (2) the judgment or order was clearly contrary to settled Montana law or federal law binding upon the states; or (3) the issue on appeal is one of judicial discretion and there clearly was an abuse of discretion. (iv) Notwithstanding the provision in section (iii) requiring unanimous action, an order or memorandum opinion reversing the judgment or order of the trial court may be entered pursuant to subsections (1) through (3) of section (iii) on a majority vote, even though the claim may have merit in the view of the minority, provided that all justices participating in the action shall agree that such summary disposition of the action may be made. (v) A list indicating the disposition of all decisions rendered by the Supreme Court under this section shall be published quarterly in the Pacific and Montana Reporters. Such decisions shall not be cited or relied upon as authority in any litigation in any court in Montana except when the decision establishes the law of the case, res judicata or collateral estoppel, or in a criminal action or proceeding involving the same defendant or a disciplinary action or proceeding involving the same person. (vi) A petition for rehearing of a cause decided under this section may be served and filed pursuant to the provisions of Rule 34, M.R.App.P. (e) If the case is classified as submitted on briefs, the five justices on the panel will discuss the merits of the case and take a tentative vote. If four or more justices reach a conclusion, the case then will be assigned by the chief justice to one of the five justices on the panel for opinion writing, and that date will be the submission date for that case. If four justices do not vote for one position, the case will be assigned for en banc consideration at the conference one week later. (f) Appropriate orders shall advise counsel of summary disposition, rebriefing requirements, and submission on brief or abbreviated opinion assignment. (g) Cases classified for oral argument shall be placed on the calendar. An appropriate order shall promptly give notice of the time set for hearing oral argument.

Section II - Oral Argument 1. A conference will be held following oral argument. The members of the Court will discuss and vote on the case. 2. Oral argument cases on which a vote has not yet been taken will receive first priority at all Court conferences. A justice absent at a subsequent conference will be responsible for presenting his or her views in writing in time for conference. 3. When four justices have reached a tentative decision on a case, that case will be assigned for opinion writing by the chief justice. The date the case is assigned for opinion writing is the submission date for the case.

Section III - Opinions 1. The basic aim is that the final opinion in each case shall be signed and filed with the clerk not later than 180 days following the submission date. Complexity of issues and case load may require additional time for filing of the final opinion with the clerk. 2. Within the foregoing period of 180 days, the following apply: (a) Within ninety days of the submission date, the opinion-writing justice shall circulate an opinion draft. The ninety-day period for


Section IV - Operation as Seven Justice & Five Justice Court

1. The Supreme Court en banc shall consist of seven members. The Court en banc shall hear all cases in which the accused shall have been sentenced to death, cases in which a bona fide challenge is made to the constitutionality of a statute, cases involving a question certified to the Court by another court pursuant to Rule 44, Montana Rules of Appellate Procedure, and such cases as shall be determined by two or more justices to require a hearing en banc. 2. Any petition for rehearing shall be considered by those justices hearing the case in the first instance. Whether decided by a five judge panel or en banc, if four members would grant a petition for rehearing, the petition shall be granted. Those justices hearing the case in the first instance shall then determine whether to decide the case on the briefs or after oral argument. If a petition for rehearing is granted, the parties to the appeal will be notified as to whether the case will be decided on briefs or after oral argument. 3. All proposed opinions shall be circulated to all justices, whether members of the panel or not. Any justice who is not a panel member may request participation in the panel conference on such proposed opinion.

Section V - Orders of the Court 1. This section is designed to provide a more efficient, streamlined and speedier procedure for issuing and executing orders of the Court, and to conserve its judicial resources. All orders covered by part 2 of this section shall be signed by the chief justice or in his or her absence, the acting chief justice, on behalf of the court in this manner:

For the Court By

Chief Justice

2. The following orders shall be signed as provided in part 1: (a) All orders based on stipulation of counsel. (b) All orders covering matters decided by the Court in conference, with the exception of orders granting or denying petitions for rehearing. (c) All orders fixing or extending the time within which an act must be done. (d) All orders concerning court calendars, case classifications, participation in and time limits for oral argument, applications for filing of briefs or for oral argument for amicus curiae and related orders. (e) All interlocutory orders. 3. The following matters shall require the individual signatures of a majority of the justices: (a) All opinions. (b) Orders granting or denying rehearing, orders of dismissal, or other final dispositions.

Section

VI - Judicial Rulemaking

1. An application for the adoption, rescission, amendment or implementation of a rule or program regulating Montana’s lawyers may be made to the Supreme Court at any time. The moving party’s application and all supporting documents shall be filed with the Clerk of the Supreme Court. 2. The Supreme Court shall consider the application at the Court’s next conference following the filing of the application. 3. If the Court believes additional discussion or information on the subject of the application is required, the court may provide a comment period for proponents and opponents to state their views on the application. The Court may also use this opportunity to voice its comments on the subject. 4. If comments are received, the Court shall provide the moving party an opportunity to respond to the comments. Response of the moving party includes not only substantive discussion of the comments received, but also potentially substantive changes to the subject matter of the application. 5. If substantive changes are made to the proposed rule or program by the applicants, the Court may re-open the comment and response periods. 6. Free flow of information is encouraged. 7. The publication of the application for the adoption, recision, amendment or implementation of a rule, program or order, whether for comment or after final action by the Court, may be accomplished at the Court’s discretion, by publication in The Montana Lawyer magazine, by electronic publication on the websites of the State Law Library, the Court, or the State Bar of Montana, or by any combination thereof. 8. The adoption of this process is in no way intended to interfere with or preclude operation of the Supreme Court’s original, inherent and exclusive jurisdiction and responsibility under Article VII, Section 2(3) of the Constitution of the State of Montana to make rules governing the conduct of Bar members.

Section VII - General 1. The chief justice shall assign all cases on a rotation basis among the justices. The chief justice shall rotate on the fivemember panels in the same manner as other justices and shall hear a like number of cases. The chief justice shall be assigned one-third fewer cases for opinion than other justices because of his or her additional administrative duties. 2. The Supreme Court shall generally hold a conference on Tuesday afternoon. At all conferences, oral argument cases without a submission date shall be given top priority. The chief justice shall prepare an agenda for each conference. The agenda for the Tuesday conference shall be distributed by the preceding Friday afternoon. In the event any Justice is unable to attend a conference, if possible he or she shall advise the chief justice two days prior to the date of the conference. In addition the justice shall submit a written vote setting forth his or her decisions on matters to be discussed at the conference. 3. The chief justice shall preside over all matters on which he or she sits. If the chief justice is not sitting on that case, the member of the Court with the shortest time to serve shall be the acting chief justice for that case. 4. In those cases in which a justice disqualifies himself or herself, the chief justice or acting chief justice shall designate a replacement. 5. These rules may be suspended or waived by order of the Supreme Court. 6. At the first weekly conference in each month, the clerk shall prepare and circulate among the justices a written report listing all matters which are past due under these rules, and giving the status of all uncompleted applications for writs, motions, and other matters requiring the attention of the Court. 7. Orders, as distinguished from memorandum opinions or full opinions, shall not be published. 8. A full written opinion shall be prepared unless the Court shall determine the disposition shall be by order or by memorandum opinion. An example of disposition by order is the following:

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circulation of an opinion draft is a basic aim; however case load and complexity of issues may require additional time. The draft opinion shall be considered at the next Thursday conference, subject to the requirement that the opinion must be circulated by Monday in order to be considered on Thursday. (b) At the conference the opinion draft shall be voted upon. If four justices vote in favor, the draft shall be finalized. (c) A justice shall circulate copies of his or her signed dissenting or concurring opinion as soon as practical after the date on which a majority approve a proposed opinion. 3. If the dissent or special concurring opinion is not signed within ten days of the date on which the majority opinion was approved in Court conference, then the majority opinion shall be filed with the clerk without prejudice to the later filing of a dissenting or concurring opinion.

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IN THE SUPREME COURT OF THE STATE OF MONTANA No. ______________ [Title of Cause] ORDER The appeal in this case is dismissed for failure of appellant to order or file a transcript within the time allowed by law. See Rules 9(b) and 20(a), M.R. App.P.

(DATED AND SIGNED)

9. Upon the filing of petitions, applications, or motions with regard to habeas corpus, post-conviction relief, mandamus, prohibition, supervisory control, extraordinary writ, or other requests not pertaining to a pending appeal, the clerk shall deliver a copy of the same to the chief justice. If he or she deems it necessary, the chief justice shall order a response. When the ordered response is filed , the clerk shall deliver to each justice a copy of all papers filed and the matter will be placed upon the next Tuesday conference agenda. If the chief justice determines that the Court should consider the petition or application before ordering a response, the matter shall be put on the next conference agenda, and the clerk will be requested to deliver to each justice a copy of the papers filed. 10. In all opinions regarding the abuse and neglect of children and the termination of parental rights pursuant to Title 41, Chapter 3, MCA, the Court shall attempt to maintain the confidentiality of children by referring to both the children and the parents involved by their initials or first names only as justice requires. 11. The foregoing rules supersede all prior internal rules of this Court, whether or not specific reference is made to such prior rules. Amended December 1997 Amended August 2000 Amended February 2003 Amended June 2003 Amended November 2003 Amended September 14, 2006

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IN THE SUPREME COURT OF THE STATE OF MONTANA IN THE MATTER OF THE PROPOSED ORDER ESTABLISHING ) STANDARDS FOR COMPETENCY OF COUNSEL APPOINTED ) TO REPRESENT INDIGENT PERSONS IN PROCEEDINGS ) UNDER TITLE 46, CHAPTER 21, WHO ARE SENTENCED TO DEATH ) ------------------------------------------------------------------------------------------- ) IN THE MATTER OF THE PROPOSED ORDER ESTABLISHING ) STANDARDS FOR COMPETENCY OF TRIAL AND APPELLATE COUNSEL ) APPOINTED TO REPRESENT INDIGENT PERSONS IN CAPITAL CASES ) ------------------------------------------------------------------------------------------ ) IN THE MATTER OF AMENDING THIS COURT’S STANDARDS ) FOR COMPETENCY OF COUNSEL FOR INDIGENT PERSONS IN ) DEATH PENALTY CASES )

No. 97-326 (filed 06/29/99) No. 97-714

No. 97-326 (filed 07/16/02)

ORDER On December 30, 1998, this Court issued an Order granting the bench and bar of this State, and any other interested persons, 90 days to prepare and file with the Clerk of this Court written comments, suggestions, or criticisms of the Proposed Standards for Competency of Counsel for Indigent Persons in Death Penalty Cases. Said comment period having expired and this Court having deemed this matter submitted for final determination, we now adopt these standards. Therefore, IT IS ORDERED that the attached Standards for Competency of Counsel for Indigent Persons in Death Penalty Cases shall be effective for appointments of counsel from and after January 1, 2000. IT IS FURTHER ORDERED that the Clerk of this Court provide copies of this Order, together with a copy of the attached standards, to each of the Clerks of the District Courts of the State of Montana, to each of the District Judges of the State of Montana, to each member of the Proposed Standards Committee and to the State Bar of Montana, with the request that a copy of this Order and the attached standards be published in the next possible issue of the Montana Lawyer. Dated this 29th day of June, 1999. (Signed: all 7 justices) STANDARDS FOR COMPETENCY OF COUNSEL FOR INDIGENT PERSONS IN DEATH PENALTY CASES I. TRIAL PHASE 1. a. In any case in which death is a potential punishment, the prosecutor shall comply with Section 46-1-401, MCA, and shall file with the district court, within 60 days after arraignment, and serve upon counsel of record a notice stating whether the prosecutor intends to seek the death penalty upon a conviction in the case. b. The prosecutor may withdraw the notice of intent to seek the death penalty provided in this standard at any time by filing with the district court and serving counsel of record with a notice of withdrawal of intent to seek the death penalty. 2. Upon establishment of indigency as provided in Title 46, Chapter 8, Part 1, Montana Code Annotated, and identification of a case as one in which the prosecutor believes sufficient evidence exists to show that one or more statutory aggravating factors under Section 46-18-303, MCA, can be proved to the appropriate standard of proof, the district court shall appoint two counsel to represent the defendant. 3. In selecting appointed counsel, the district court shall secure sufficient information from counsel to be appointed, either in writing or on the record, to satisfy the district court that counsel possess the following minimum qualifications: a. Both appointed attorneys must be members in good standing of the State Bar of Montana or admitted to practice before the district court pro hac vice. b. Both counsel must have completed or taught, in the two-year period prior to appointment or within 90 days after the appointment, a continuing legal education course or courses, approved for credit by the appropriate authority under the rules adopted by the Montana Supreme Court, at least 12 hours of which deal with subjects related to the defense of persons accused or convicted of capital crimes. c. Counsel, either individually or in combination, must have had significant experience within the past 5 years in the trial of criminal cases to conclusion, including a capital case or a case involving charges of or equivalent to deliberate homicide under Montana law. d. The nature and volume of the work load of both appointed counsel is such that they will have the ability to spend the time necessary to defend a capital case. e. Counsel are familiar with and have a copy of the current American Bar Association standards for the defense of capital cases. By adoption of this provision, the Montana Supreme Court does not hold that adherence to the guidelines is required as a condition of providing effective assistance of counsel, or that failure to adhere to the guidelines gives rise to an inference of ineffective assistance of counsel. II. APPEAL PHASE 1 . If a defendant is sentenced to death and is determined by the district court to be indigent, the district court shall appoint two attorneys to represent the defendant on direct appeal. 2. In selecting appointed counsel for appeal, the district court shall secure sufficient information from counsel to be appointed,

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COUNSEL FOR INDIGENT PERSONS IN CAPITAL CASES

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either in writing or on the record, to satisfy the district court that counsel possess sufficient appellate experience to provide adequate representation to the defendant on appeal and the following minimum qualifications: a. Both appointed attorneys, must be members in good standing of the State Bar of Montana or admitted to practice before the district court pro hac vice. b. Both counsel must have completed or taught, in the two-year period prior to appointment or within 90 days after the appointment, a continuing legal education course or courses, approved for credit by the appropriate authority under the rules adopted by the Montana Supreme Court, at least 12 hours of which deal with subjects related to the defense of persons accused or convicted of capital crimes. c. Counsel, either individually or in combination, must have had significant experience within the past 5 years in the appeal of criminal cases, including a capital case or a case involving charges of or equivalent to deliberate homicide under Montana law. d. The nature and volume of the work load of both appointed counsel is such that they will have the ability to spend the time necessary to appeal a capital case. e. Counsel are familiar with and have a copy of the current American Bar Association standards for the defense of capital cases. By adoption of this provision, the Montana Supreme Court does not hold that adherence to the guidelines is required as a condition of providing effective assistance of counsel, or that failure to adhere to the guidelines gives rise to an inference of ineffective assistance of counsel. III. POSTCONVICTION PHASE The following standards shall apply to counsel appointed by the district court to represent indigent petitioners in postconviction proceedings under Title 46, Chapter 21, who are sentenced to death. 1. The district court shall follow the procedure set forth in Section 46-21-201, MCA, in appointing counsel in state postconviction cases. 2. The district court shall appoint two counsel. One of the appointed counsel may be an attorney who has been admitted pro hac vice. Lead counsel shall satisfy all of the following: a. He or she must be an active member in good standing of the Montana State Bar or be admitted pro hac vice. b. He or she must have at least 5 years criminal trial, criminal appellate, or state or federal postconviction experience, which experience may have been obtained in Montana or in another jurisdiction. c . He or she must have completed or taught, in the two-year period prior to appointment or within 90 days after the appointment, a continuing legal education course or courses, approved for credit by the appropriate authority under the rules adopted by the Montana Supreme Court, at least 12 hours of which deal with subjects related to the defense of persons accused or convicted of capital crimes. 3. In addition, the appointed counsel, either individually or in combination, shall have the following qualifications obtained in Montana or another jurisdiction: a. Experience as counsel for either the defendant or the state in the trial of one deliberate homicide case; b. Experience as counsel for either the defendant or the state in the trial of three felony cases; c . Experience as counsel for either the defendant or the state in the direct appeal of three felony convictions; and d. Experience as counsel for either the petitioner or the state in three cases involving claims for state postconviction or federal habeas corpus review. 4 . As used in this Order, “trial” means a case concluded with a judgment of acquittal under Section 46-l 8-102(2), MCA, or submission to the trial court or jury for decision and verdict. IV. EFFECT OF FAILURE TO ADHERE TO STANDARDS No error or omission in the procedure outlined in the trial or appellate standards shall constitute a ground for relief from a conviction or sentence unless the defendant shows that the standards were not followed in a material way and that counsel’s performance fell so far below the standard of reasonably effective counsel, and was sufficiently prejudicial to the defense of the defendant, as to constitute a denial of effective assistance of counsel as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution or Article II, Section 24 of the Montana Constitution. See Strickland v. Washington (1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. Pursuant to Section 46-21-201(3)(f), MCA, any failure to adhere to the standards for appointment of postconviction counsel may not serve as a basis for a claim for postconviction relief. V. REGISTRY OF COUNSEL AVAILABLE FOR APPOINTMENT 1. For the convenience of the district courts, the Clerk of the Supreme Court shall maintain a registry of counsel who are qualified under these standards, who are available for appointment in capital cases in one or more of the phases referred to, and who desire to have their names and pertinent data included in this registry. Qualified counsel wishing to be included in this registry shall submit to the Clerk in writing counsel’s name, address and phone number; along with a current resume, curriculum vitae and statement of qualifications; pertinent legal education courses, training, experience in other capital cases or cases involving charges of or equivalent to deliberate homicide under Montana law; the courts and jurisdictions in which counsel is admitted to practice and is in good standing; and the phase or phases for which counsel is qualified for appointment. Counsel are encouraged to update this data from time to time. For efficiency and convenience, the Clerk may prescribe the use of a form or forms for purposes of marshaling this data and maintaining this registry. 2 . On request of a district court, the Clerk shall make available to the district court so much of the data in the registry as the district court may require, provided that the Clerk may charge to the district court the reasonable costs of photocopying and mailing or faxing such data. 3. Nothing herein shall be deemed to require the Clerk to independently seek, solicit, gather, update or verify the accuracy or currency of names of and data pertaining to counsel to be included in, furnished for or maintained in this registry. It shall be the sole duty of the appointing district court to secure sufficient information from counsel to be appointed to satisfy the district court that counsel possesses the minimum qualifications required by these standards.

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In order to provide for the more effective administration of the review of sentences imposed on convicted felons in the State of Montana, in accordance with Title 46, Chapter 18, of the Montana Code Annotated, 1985, the Sentence Review Division of the Supreme Court by this order hereby adopted the following rules, thereby superseding all previous such rules. Rule 1. After notice and within sixty (60) days after a defendant is sentenced to a term of one year or more in the State Prison, the defendant may apply to have his sentence reviewed by the Sentence Review Division of the Supreme Court of Montana. It is the duty of trial counsel to protect the defendant’s interest in this respect and the duty of the trial court to ensure that the defendant understands he has a right to review of the sentence imposed. If such review is requested, the sentence may be increased, decreased, affirmed as entered by the trial court, or otherwise altered by the Sentence Review Division. The filing of application for review of sentence does not stay execution of the sentence.

Rule 2.

The Clerks of the District Courts of the State of Montana shall serve upon persons sentenced to more than one (1) year in the State Prison a completed Montana Sentence Review Form No. 1, together with three (3) blank copies of Montana Sentence Review Form No. 2. The clerk shall further serve upon the defendant a copy of the court’s Sentence and Judgment. Service shall also be made when a deferred or suspended sentence is revoked and the defendant is sentenced to more than one (1) year in the State Prison.

Rule 3.

The defendant’s Application for Sentence Review (Montana Sentence Review Form No. 2) must be filed with the Clerk of the District Court for the county from which the defendant was sentenced. In the event the defendant has been sentenced and is serving time upon two sentences from separate counties, separate applications must be submitted to each Clerk of Court for the county from which the defendant was sentenced, if the defendant wants each sentence reviewed.

Rule 4.

The Clerk of the District Court will file the original copy of said application for Review of Sentence (Montana Sentence Review Form No. 2) in the court file of the defendant. The clerk will then complete Clerk’s Certificate and Statement (Montana Sentence Review Form No. 3) and forward it, together with the original court file and other documents required by Form No. 3 to: Sentence Review Division P.O. Box 203002 Helena, Montana 59620 Rule 5. The Clerk of the District Court shall forward said Clerk’s Certificate and Statement, together with all documents required, to the secretary of the Sentence Review Division within ten (10) working days after receipt of the Application for Review of Sentence. Rule 6. The Clerk of the District Court shall forward a copy of the Application for Review of Sentence (Montana Sentence Review Form No. 2) to the Judge who imposed the sentence, to the County Attorney for the County from which the defendant was sentenced and to the Defendant’s counsel of record.

Rule 7.

In the event the Application for Review of Sentence is filed more than sixty (60) days after the sentence is imposed, the Clerk shall proceed as if it were filed on time. However, the secretary of the Sentence Review Division shall thereafter promptly notify the defendant that the application is untimely and request the defendant file within thirty (30) days a statement of reasons why the Sentence Review Division should hear

the matter. The Sentence Review Division will rule upon such matters after said thirty (30) days has elapsed and may refuse to hear such application if the reasons for the late filing are insufficient. The Sentence Review Division will hear late applications which have been caused by the taking of an appeal to the Montana Supreme Court.

Rule 8.

When there is a pending appeal or request of post-conviction relief, the application for Sentence Review should not be filed until such time as the petition for post-conviction relief or the appeal has been determined, at which time the defendant shall be given sixty (60) days in which to file for review of the sentence.

Rule 9. The Secretary of the Sentence Review Division shall not accept an Application for Review of Sentence directly; all such applications must be filed in compliance with MCA 46-18-903, which requires they be filed with the Clerk of the District Court.

Rule 10. The Secretary of the Sentence Review Division shall keep a minute book in which shall be recorded the date and time the completed application for review was received by the Clerk of the District Court. The Sentence Review Division shall hear applications in the order they are received by the respective Clerk of Court unless circumstances make such order impractical or the Sentence Review Division orders otherwise. The Sentence Review Division records are public records and open to public inspection except for decisions which are pending and which have not been released or finally approved by the judges. Rule 11. After the Application for Review is filed as herein provided, the Secretary of the Sentence Review Division shall accept for filing briefs concerning the review of sentence, and any material considered by the sentencing judge at the time of the imposition of sentence. The Sentence Review Division will not consider any new material, letters, petition, or matters which were not presented to the sentencing judge. Any briefs or memoranda must be submitted at least two weeks before the scheduled hearing date in order to allow the judges of the Sentence Review Division an opportunity to review such material before hearing.

Rule 12. The Sentence Review Division shall meet at the Montana State Prison, Deer Lodge, Montana, at the Women’s Correctional Center in Billings, Montana, or at some other convenient place, at such times as shall be approved by the Division. The Secretary shall notify each member of the dates of such meetings.

Rule 13.

The Secretary of the Sentence Review Division shall send notices of the time and place of such hearing at least thirty (30) days prior to such hearing to each of the following: A. The judge who imposed the sentence; B. The County Attorney for the county from which the defendant was sentenced; C. The defendant; D. The defendant’s attorney of record in the District Court or such other attorney who has appeared in the case and made his or her appearance known to the Division; E. Any other person who has requested such notice.

Rule 14.

The Sentence Review Division’s hearings shall be public. However, admission to the hearings shall be subject to the rules of admission into the Montana State Prison at Deer Lodge and the Montana Women’s Prison at Billings generally. Proceedings shall be as informal as possible to allow full expression by all parties and their attorneys. The Rules of Evidence will serve as a guide but are not binding in the proceeding. The defendant shall have the right toappear and to be represented by counsel. For the purpose of this rule, the appearance of the defendant may be accomplished by a video conference so that all participants can see each other. The State may be represented by the County Attorney and/or the Attorney General, or their deputies.

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RULES OF THE SENTENCE REVIEW DIVISION

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Rule 15.

The record from which the Sentence Review Division shall conduct its review shall consist of the following: A. A copy of the information and affidavit in support of the motion for leave to file; B. A copy of any written plea agreement or transcript setting forth the terms of any oral agreement; C. A copy of the pre-sentence report; D. A copy of the sentence and judgment and reasons for same, or transcript containing the oral pronouncement of the reasons if not contained in the judgement; E. Other documents relied on by the sentencing judge. Failure to include any of the foregoing items may be cause for the Sentence Review Division to decline to conduct the sentence review and the Sentence Review Division may remand the same to the Clerk of the District Court for compilation of the necessary documents. If the sentencing judge did not set forth his reasons for sentence, or did not consider a pre-sentence report, or if there are critical matters which should have been presented at the sentencing hearing, the Sentence Review Division may vacate the sentence and remand it for re-sentencing based upon proper documentation. In the event the sentence and judgment contains clerical errors, the Sentence Review Division may vacate the sentence require for re-sentencing or may coreect such clerical errors in the interest of judicial economy. Rule 16. The primary objective of the Sentence Review Division is to provide for uniformity in sentencing when appropriate and to ensure that the interest of the public and the defendant are adequately addressed by the sentence. In reviewing the sentences the Sentence Review Division shall consider the correctional policy of the State of Montana as set forth in the Section 46-18-101 to protect society by preventing crime through punishment and rehabilitation of the convicted. The Sentence Review Division will hold an individual responsible and accountable for his/her actions and shall ensure that persons convicted of crime are dealt with in accordance with their individual characteristics, circumstances, needs and potentialities. The review shall be undertaken to assure that the sentence imposed is based on the following: A. The crime committed; B. The prospects of rehabilitation of the offenders; C. The circumstances under which the crime was committed; D. The criminal history of the offender. The Sentence Review Division shall further review the sentences, with a view to removing dangerous and habitual offenders from society and providing corrective treatment for such long terms as needed. In other cases, the Sentence Review Division shall consider whether the offender could have been dealt with adequately by probation, suspended sentence or fine where such disposition appears practicable and not detrimental to the needs of public safety and the welfare of the individual. Rule 17. The sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.

Rule 18.

The Sentence Review Division will not consider any matter or development subsequent to the imposition of the sentence in the District Court. Matters not to be considered include: A. Institutional adjustment; B. New social information; C. Institutional disciplinary actions pending or had against the defendant; D. Work report; or E. Inmate release plans.

Rule 19.

If the Sentence Review Division orders a different sentence than the one originally imposed, the District Court in a convenient county shall re-sentence the defendant as ordered by the Sentence Review Division. A. The time served on any sentence reviewed shall be deemed to

20 ©2011 Lawyers’ Deskbook & Directory

have been served on the sentence as revised by the Sentence Review Division. B. The decision of the Sentence Review Division will be final. The decision and reason for such decision will be stated in a written opinion reported and published in the Montana Reports. C. Copies of the decisions of the Sentence Review Division shall be furnished to the following: 1. The Clerk of the District Court from which the defendant was originally sentenced; 2. The judge who imposed the sentence reviewed; 3. The County Attorney for the county from which the defendant was originally sentenced; 4. The defendant; 5. The attorney for the defendant; 6. The principal officer of the institution where the defendant is confined.

Rule 20. - Deleted (Repetitious with Rule 24) Rule 21.

The defendant’s attorney is entitled to inspect and copy any document filed with the Sentence Review Division.

Rule 22.

Rehearing may be ordered by the Sentence Review Division upon application in writing directed to the Sentence Review Division within thirty (30) days of notice of the Sentence Review Division’s decision on the original application. Rehearing shall not stay any order or judgment previously made unless the Sentence Review Division specifically stays such previous order or judgment. Only one petition for rehearing shall be permitted by any applicant for Sentence Review, and the grounds therefore shall be clearly stated in said petition in accordance with rules governing rehearings in the Supreme Court of Montana.

Rule 23.

A record, by court reporter or by tape recording, shall be made of all proceedings before the Sentence Review Division, and preserved for five (5) years.

Rule 24.

A hearing shall be held on each application for sentence review within 180 days of the date of filing. The division in its discretion may grant a continuance of a scheduled hearing upon a showing of good cause by either the defendant or the State. These rules are effective the first day of January, 1995. Dated this 9th day of December, 1994. Revised September 18, 1997. Revised May 14, 1999.


MONTANA SENTENCE REVIEW FORM NO. 2

MONTANA SENTENCE REVIEW FORM NO. 1

STATE OF MONTANA, Plaintiff, Defendant

STATE OF MONTANA, Plaintiff, vs.

NOTICE OF RIGHT TO APPLY FOR SENTENCE REVIEW

TAKE NOTICE You are hereby notified that you may, within 60 days from this date, apply to the Sentence Review Division of the Supreme Court of Montana for a review of the sentence just imposed upon you in the above-entitled case. You are advised that if you do apply for such review your sentence may be increased, decreased or affirmed without change. You are herewith furnished three copies of Application for Review of Sentence, Montana Sentence Review Form No. 2. If you decide to file such Review Application, you will mail the original to the undersigned Clerk of Court and retain two copies for your use. DATED this

TO THE ABOVE NAMED DEFENDANT:

IIN THE DISTRICT COURT OF THE _______________ JUDICIAL DISTRICT COUNTY OF ____________________

day of _______________, 20___

__________________________ Clerk __________________________ By Deputy The undersigned does hereby certify that a true copy of the above Notice was personally served upon the above-named defendant, together with three forms of application for Review as above recited on this date, together with a copy of the Judgment in this cause. __________________________ Clerk __________________________ By Deputy ________________________________________ ________________________________________ ________________________________________ Name and address of Clerk to whom completed Application for Review of Sentence (Montana Sentence Review Form No. 2) must be mailed: ________________________________________ Clerk of the District Court

vs.

APPLICATION FOR REVIEW OF SENTENCE

Defendant

TO: The Clerk of the above-captioned court:

The above-named defendant states:

(1) That on the day of , 20___, I was sentenced in the above-entitled action to serve years in the State Prison of Montana. (2) That I request that the Sentence Review Division of the Supreme Court of Montana review my sentence. (3) That I consent and agree that by making this application for review, my sentence may be increased, decreased or affirmed without change, and that there is no appeal from the decision herein to be made.

DATED this _____________________ day of ________________

, 20___

Instructions to the Defendant: If you decide to file this application you will mail the original to the Clerk of the District Court for the county from which you were sentenced. The Clerk’s address appears on Form No. 1.

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IN THE DISTRICT COURT OF THE _______________ JUDICIAL DISTRICT OF THE STATE OF MONTANA IN AND FOR THE COUNTY OF __________________

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MONTANA SENTENCE REVIEW FORM NO. 3

IN THE DISTRICT COURT OF THE _______________ JUDICIAL DISTRICT OF THE STATE OF MONTANA IN AND FOR THE COUNTY OF __________________

STATE OF MONTANA, Plaintiff, vs. Defendant CLERK’S CERTIFICATE AND STATEMENT TO: THE SENTENCE REVIEW DIVISION OF THE SUPREME COURT OF MONTANA, The undersigned Clerk of the District Court does hereby certify and state: (1) That the enclosed file in Cause No. is the entire case file in such matter, with the exception of exhibits offered during the trial, which are not forwarded. (a) A pre-sentence investigation was conducted and a report prepared. Yes ___ No ___. (b) A copy of the pre-sentence report is in the court file. Yes ___ No ___. (c) The sentence involved a plea bargain agreement. Yes ___ No ___. (d) The plea bargain agreement was in written form and the original of same is in the court file. Yes ___ No ___. (e) A transcript was made of the sentencing hearing where the plea bargain agreement (whether written or oral) was discussed. Yes ___ No ___. (f) A copy of the transcript is in the court file. Yes ___ No ___. If any document referred to is not in the court file, it is forwarded with the file if it is available. (2) That any and all exhibits offered in this cause at the sentencing hearing, including medical and psychiatric reports, are included with the file. (3) That copies of Montana Sentence Review Form No. 2, Application for Review of Sentence, have been served upon the Judge who sentenced the defendant and upon the County Attorney for the county from which defendant was sentenced. Dated __________________________________________ The District Court Clerk shall mail this form, together with the complete court file to: Court Administrator’s Office Sentence Review Division Montana Supreme Court Room 315, Justice Building Helena, MT 59620 Within ten (10) days of receipt of Application for Review of Sentence.

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Montana Supreme Court BOARD OF BAR EXAMINERS CHAIR: Randy J. Cox P.O. Box 9199 Missoula, MT 59807 rcox@boonekarlberg.com VICE-CHAIR: Jacqueline T. Lenmark P.O. Box 598 Helena, MT 59624 jtlenmark@kellerlawmt.com MEMBERS: Michael B. Anderson P.O. Box 3253 Billings, MT 59103 manderson@a-llaw.com

543-6646 549-6804 fax

442-0230 449-2256 fax

254-8904 254-8905 fax

Gary W. Bjelland P.O. Box 2269 Great Falls, MT 59403 gbjelland@jardinelaw.com

727-5000 727-5419 fax

Loren “Larry” J. O’Toole, II P.O. Box 529 Plentywood, MT 59254 otoolelaw@yahoo.com

765-1630 765-2945 fax

Debra D. Parker P.O. Box 7873 Missoula, MT 59807 parkerlaw@bresnan.net

543-2302 493-0584 fax

Michael P. Sand 1688 Star Ridge Road Bozeman MT 59715 Montanalaw@aol.com

BAR ADMISSIONS ADMINISTRATOR: Vanessa Sanddal P.O. Box 577 447-2202 Helena, MT 59624 442-7763 fax vsanddal@montanabar.org Term: Indefinite Appointed by: The Montana Supreme Court Composed of: Seven members For the Rules for Admission to the Bar of Montana, visit the State Bar web site at www.montanabar.org, “Admission to the Bar”

539-2995

COURT APPOINTED REGULATORY COMMISSION 23 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court COMMISSION ON CHARACTER AND FITNESS CHAIR: Annie M. Goodwin 5650 Falcon Road Helena, MT 59602 VICE-CHAIR: Barbara E. Bell P.O. Box 1525 Great Falls, MT 59403-1525 bbell@marralawfirm.com MEMBERS: Robert M. Carlson P.O. Box 509 Butte, MT 59703 bcarlson@cpklawmt.com Barbara Howe, LCSW 304 Broadway Helena, MT 59601 barbhowe@bresnan.net James W. Johnson P.O. Box 3038 Kalispell, MT 59903 johnsonj@centurytel.net

Margie M. Thompson 3505 Quincy Butte, MT 59701 margiet41@yahoo.com

494-2873 494-3139 fax

268-1000 761-2610 fax

Michael W. Tolstedt 3045 Kincaid Road Billings, MT 59101

698-4965

782-5800 723-8919 fax

BAR ADMISSIONS ADMINISTRATOR: Vanessa Sanddal P.O. Box 577 447-2202 Helena, MT 59624 442-7763 fax vsanddal@montanabar.org

458-9107

442-7869 495-1660 fax

755-5535 756-9436 fax

Term: Indefinite Appointed by: The Montana Supreme Court Composed of: Six licensed Montana attorneys and three lay members. The members are nominated by either the State Bar or by the Supreme Court. For the Rules of Procedure of the Commission on Character and Fitness, visit the State Bar web site at www.montanabar.org, “Admission to the Bar”

Scott H. Moore P.O. Box 30058 657-1909 Billings, MT 59117 238-0892 fax Scott.H.Moore@wellsfargo.com Robert J. Sullivan P.O. Box 9199 543-6646 Missoula, MT 59807 549-6804 fax bsullivan@boonekarlberg.com

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©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court ADVISORY COMMISSION ON RULES OF CIVIL AND APPELLATE PROCEDURE CHAIR:

James H. Goetz 12/31/11 P.O. Box 6580 587-0618 Bozeman, MT 59771 587-5144 fax goetzlawfirm@goetzlawfirm.com

Anthony Johnstone P.O. Box 201401 Helena, MT 59620-1401 ajohnstone@mt.gov

12/31/11 444-1220 444-3549 fax

VICE-CHAIR:

Matthew W. Knierim P.O. Box 29 Glasgow, MT 59230 2matt@nemontel.net

12/31/10 228-2487

Hon. Kurt D. Krueger 155 W. Granite St. Butte, MT 59701 kkrueger@mt.gov

12/31/11 497-6410 497-6414 fax

Hon. Dirk M. Sandefur 415 2nd Ave. N., Room 203 Great Falls, MT 59401

12/31/10 771-6566 771-6549 fax

Robert J. Savage P.O. Box 1105 Sidney, MT 59270 rjslaw@midrivers.com

12/31/10 433-9770 433-9771 fax

Lisa A. Speare P.O. Drawer 849 Billings, MT 59103 lspeare@brownfirm.com

12/31/10 248-2611 248-3128 fax

Elizabeth Best 12/31/11 P.O. Box 2114 452-2933 Great Falls, MT 59403 452-9920 fax beth@bestlawoffices.net MEMBERS:

Julianne C. Burkhardt P.O. Box 1715 Helena, MT 59624 jcb@gsjw.com

12/31/10 442-8560 442-8783 fax

Dana L. Christensen 12/31/10 P.O. Box 7370 751-6000 Kalispell, MT 59904 756-6522 fax dchristensen@cmccalaw.com Hon. Deborah Kim Christopher 11/17/13 106 4th Avenue E. 883-7360 Polson, MT 59860 883-7297 fax Randy J. Cox P.O. Box 9199 Missoula, MT 59807 rcox@boonekarlberg.com

12/31/10 543-6646 549-6804 fax

Philip J. Grainey 324 Main Street SW Ronan, MT 59864 fglaw@ronan.net

12/31/11 676-4470 676-4472 fax

Position Term: 4 years Appointed by: The Montana Supreme Court

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Montana Supreme Court CIVIL JURY INSTRUCTIONS GUIDELINES COMMISSION CHAIR: Douglas J. Wold P.O. Box 400 Polson, MT 59860 doug@woldlawfirm.com MEMBERS: Hon. Richard W. Anderson 316 N. 26th St., Rm. 5405 Billings, MT 59101 Thomas J. Beers P.O. Box 7968 Missoula, MT 59807 blo@montana.com L. Randall Bishop P.O. Box 3353 Billings, MT 59103 randybishop@jandblaw.com Alexander Blewett III. P.O. Box 2807 Great Falls, MT 59403 Hon. Richard F. Cebull 316 N. 26th St., Rm. 5428 Billings, MT 59101 Hon. Patricia O’Brien Cotter P.O. Box 203001 Helena, MT 59620-3001 pcotter@mt.gov

883-2500 883-3271 fax

247-7025 247-7027 fax 728-4888 728-8445 fax

Gary L. Graham P.O. Box 7909 Missoula, MT 59807 glgraham@garlington.com Stuart L. Kellner P.O. Box 1166 Helena, MT 59624 skellner@hksalaw.com Carey E. Matovich P.O. Box 1098 Billings, MT 59103 cmatovich@mkfirm.com

245-7555 245-0840 fax

761-1960 761-7186 fax

James M. Regnier P.O. Box 299 Lakeside, MT 59922 jregnier@centurytel.net

247-7766 247-7023 fax

Terry N. Trieweiler P.O. Box 5509 Whitefish, MT 59937

444-5570 444-3274 fax

442-3690 449-4849 fax

252-5500 252-4613 fax

Hon. Thomas M. McKittrick 415 2nd Ave. N., Rm. 307 Great Falls, MT 59401

STAFF: Charles Wood P.O. Box 577 Helena, MT 59624 cwood@montanabar.org

523-2500 523-2595 fax

454-6894 454-6946 fax

459-3318 (888) 889-2379 fax

(877) 862-4597 862-4685 fax

447-2200 442-7660 fax

Term: Indefinite Appointed by: The Montana Supreme Court

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©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court COMMISSION OF CONTINUING LEGAL EDUCATION CHAIR: K. Paul Stahl 228 Broadway Helena, MT 59601 kstahl@co.lewis-clark.mt.us MEMBERS: Darcy M. Crum P.O. Box 2720 Great Falls, MT 59403 dcrum@mcn.net

9/30/11 447-8221 447-8268 fax

9/30/12 727-8400 727-9895 fax

Casey J. Heitz P.O. Box 7212 Billings, MT 59103-7212 caseyheitz@parker-law.com

9/30/11 245-9991 245-0971 fax

Shelley A. Hopkins 910 W. Greenough Dr. Missoula, MT 59802 hopkinssa@aol.com

9/30/13 543-1119 721-4346 fax

Steven Paul Howard 100 W. Laurel Ave. Plentywood, MT 59254 34chargers@excite.com

9/30/12 765-1212 765-2602 fax

Judy Meadows P.O. Box 203004 Helena, MT 59620 jmeadows@mt.gov

9/30/13 444-3660 444-3603 fax

Nickolas C. Murnion 501 Court Square #20 Glasgow, MT 59230 nmurnion@nemont.net

9/30/13 228-6286 228-9050 fax

Kimberly Obbink P.O. Box 173860 Bozeman, MT 59717 kobbink@montana.edu

9/30/11 994-6550

STAFF: Kathy Powers P.O. Box 577 Helena, MT 59624 kpowers@montanabar.org

447-2207 442-7763 fax

Term: 3 years Appointed by: The Montana Supreme Court Composed of: Six attorneys admitted to practice law in Montana and 3 non-attorneys residing in Montana.

Mary Moe 9/30/12 mary.sheehy.moe@gmail.com 868-9427

COURT APPOINTED ADVISORY COMMISSION 27 ©2011 Lawyers’ Deskbook & Directory


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28 28

RULES FOR CONTINUING LEGAL EDUCATION RULES FOR CONTINUING LEGAL EDUCATION In the Supreme Court of the State of Montana

Principles 1. The primary purpose of Mandatory Continuing Legal Education (MCLE) in Montana is to improve the competence of attorneys. 2. The MCLE program should function in the interest of consumer protection, assisting Montana attorneys in remaining abreast of changes in the law in order to better serve the public. 3. Regulatory authority for MCLE rests with the Montana Supreme Court. In light of the authority of the Court provided in Article VII, Section 2 of the Montana Constitution permitting the Court to make rules governing admission to the bar and the conduct of its members, the Court oversees the continuing legal education system with the same thoughtful deliberation it devotes to deciding cases. 4. The MCLE program should be a means of inculcating principles of ethics and professional conduct, as well as providing knowledge and training in substantive areas of the law. 5. Based on the belief that interaction with fellow attorneys contributes to the learning process, a significant portion of the MCLE requirement should be satisfied by interactive seminars or by such methods that allow for interaction among the participants and the instructor by electronic means. 6. Because the profession’s obligation to the public is paramount, all active attorneys must comply with MCLE, subject to the need to accommodate special circumstances, as long as they remain in the practice. 7. The MCLE program should be administered for the Court by the State Bar in a cost effective manner, with the aim being neither to generate revenue nor produce financial losses for the Bar. 8. There should be an on-going evaluation of the effectiveness of MCLE, particularly in terms of whether it helps attorneys meet their obligations to the public.

Rule 1 - Purpose These rules establish standards for the continuing legal education required of all persons licensed to practice law in the State of Montana. It is of primary importance to the members of the State Bar of Montana and to the public that attorneys continue their legal education throughout their active practice of law.

Rule 2 - Definitions

A. “Active Member” means any person who is licensed to practice law in the State of Montana and who pays “Active Member” dues to the State Bar of Montana. B. “Approved Legal Education Activity” means an individual seminar, course, or other activity approved by the Commission. C. “Commission” means the Montana Commission of Continuing Legal Education. D. “Board of Trustees” means the Board of Trustees of the State Bar of Montana. E. “Legislator Member” means a member of the State Bar of Montana who is holding office as a duly elected or appointed member of the Montana House of Representatives or the Montana Senate. F. “Chairperson” means the chairperson of the Commission. G. “Credit Hour” means sixty (60) minutes of approved legal education activity. H. “Inactive Member” means any person who is licensed to practice law in the State of Montana and who pays “Inactive Member” dues to the State Bar of Montana. I. “MCLE Administrator” is the person designated by the Commission, with the approval of the Executive Director of the State Bar of Montana. J. “Rule” or “Rules” refers to the Rules for Continuing Legal Education. K. “Reporting Year” means April 1st through March 31st.

©2011 Lawyers’ Deskbook & Directory

R ule 3 - Commission

A. Membership, Appointment, and Terms. The Commission consists of nine (9) members, six (6) of whom shall be admitted to practice law in the State of Montana, and three (3) of whom shall be residents of the State not admitted to the practice of law. The State Bar shall nominate and the Court shall appoint members for three-year terms. Each yearly class of members shall include two lawyers and one layperson. In addition, one member of the Montana Supreme Court shall serve as an ex-officio member of the Commission. The Commission shall designate one of its attorney members to serve as Chairperson for a term of two years. A Commission member may serve no more than two consecutive terms as Chairperson. The MCLE Administrator shall serve as Secretary to the Commission. The Court may terminate membership on the Commission in accordance with the By-Laws of the State Bar. In the event of a vacancy, a successor will be appointed by the State Bar of Montana to serve the unexpired term. The successor will be given first consideration for appointment to a full term at the expiration of the interim appointment. The Commission has authority to act when a quorum is present. A quorum of the Commission consists of five (5) or more of its members. B. Powers of the Commission. 1. The Commission shall administer and interpret these Rules. 2. The Commission shall: a. Determine whether, under Rules 6 and 7, all or portions of individual courses and programs not presented by an Accredited Sponsor are approved legal education activities; b. Determine the number of credit hours allowed for each approved legal education activity, including those of Accredited Sponsors; c. Designate Accredited Sponsors and annually review such designations; d. Report annually to the Board of Trustees; e. Assess annual affidavit filing fees to pay the reasonable and necessary costs of administering these rules, assess penalty fees for failure to file affidavits as required by Rule 5, assess a fee for the reinstatement to active practice of under Rule 12, assess sponsor fees, and assess other fees deemed necessary by the Commission; f. Meet at least three times per year. The time, method, and place of meetings shall be at the discretion of the Commission, subject to these Rules; and g. Place upon any member seeking to qualify under these rules the burden of proof. h. Direct the State Bar of Montana to transfer attorneys not in compliance with Rule 5 from active status to inactive status. 3. The Commission may take other action deemed necessary to administer these rules. C. Committees. The chairperson may appoint one or more committees, which shall either be standing or ad hoc, as appropriate, but there shall be a standing committee known as the “Accreditation Committee”, consisting of a least three (3) members of the Commission. The Accreditation Committee shall have the interim authority to determine requests for exemption or extension under Rule 4 and earned hours of accreditation under Rules 6 and 7. D. Expenses of the Commission. Members of the Commission shall not be compensated except for actual and necessary expenses incurred in the performance of Commission duties. E. Annual Budget. The Commission shall submit an annual budget to the Board of Trustees for approval. Expenses of the Commission shall not exceed the annual budget approved by the Board of Trustees. F. MCLE Administrator. The Commission may delegate its power to the MCLE Administrator pursuant to guidelines established by the Commission. At each meeting of the Commission, the MCLE Administrator shall report on all determinations made since the preceding meeting of the Commission.


Rule 4 - Education Requirements, Exemptions, and Extensions

A. Active Member Minimum Continuing Legal Education Requirement: Each active member shall complete a minimum of fifteen (15) credit hours of approved continuing legal education activity each year. Of those fifteen (15) credit hours, at least ten (10) credit hours must be earned by attendance at interactive seminars as defined in Rule 7. No more than five (5) credit hours may be earned through “other methods” as defined in Rule 7. If a member accumulates more interactive credits than required in a year, the excess interactive credits may be carried forward and applied to either or both of the next two succeeding years. Credits earned by “other methods” may not be carried forward. A maximum of thirty (30) interactive credit hours may be carried forward. Every three years, each active member must complete a minimum of five (5) credit hours in ethics. Ethics means the accepted principles of professional conduct and responsibility as established by the Montana Rules of Professional Conduct. Ethics credits may be used to fulfill the 15 credit hours of required continuing legal education. Ethics credits may not be carried forward to subsequent 3-year reporting periods. Of the five (5) credit hours in ethics, one hour must be satisfied by a program on the relationship between a lawyer’s professional responsibilities and substance abuse, chemical dependency, or debilitating mental conditions. B. Emeritus Member Continuing Legal Education Requirement: Each emeritus member shall complete a minimum of ten (10) credit hours of approved continuing legal education activity each year. Each of those ten (10) credit hours must be certified by a qualified provider of legal services, as defined in Section 3(g)(vi) of the By-laws of the State Bar of Montana, as training prescribed for emeritus lawyers and related to the field of law for which such lawyers provide legal services to persons unable to pay for such services. In addition, of the ten (10) credit hours, at least five (5) credit hours must be earned by attendance at interactive seminars as defined in Rule 7. No more than five (5) credit hours may be earned through “other methods” as defined in Rule 7. If an emeritus member accumulates more interactive credits than required in a year, the excess interactive credits may be carried forward and applied to either or both of the next two succeeding years. Credits earned by “other methods” may not be carried forward. A maximum of twenty (20) interactive credit hours may be carried forward. Emeritus members are subject to the same requirements as active members for credit hours in ethics. All CLE filing fees shall be waived for emeritus members. C. Inactive Member Continuing Legal Education Exemption: An inactive member is exempt from the continuing legal education requirement of these rules. D. Legislator Member and Governor Continuing Legal Education Exemption: A legislator member or the Governor of the State of Montana is exempt from the continuing legal education requirement of these rules during his or her term of office as a member of the Montana House of Representatives, as a member of the Montana Senate, or as the Governor. E. Judiciary Member Continuing Legal Education Exemption: A fulltime judge or retired judge eligible for temporary judicial assignment and not engaged in the practice of law is exempt from the continuing education requirement of these rules. A full-time judge is an elected or appointed member of the Judiciary who devotes his or her full-time professional activity to his or her position as a judge. The Judiciary includes Montana Supreme Court justices, Montana district court judges, tribal judges, Montana water court judge, Montana workers’ compensation judge, Montana justices of the peace, Montana city judges, Montana municipal judges, and federal administrative law judges, U.S. circuit court judges, U.S. district court judges, U.S. Magistrates, and U.S. bankruptcy judges. F. Other Exemptions: Exemptions may be granted by the Commission as follows: 1. Exemptions due to special circumstances: Upon written and sworn application, accompanied by the annual filing fee required by Rule 3B2(e), the Commission may exempt an attorney from all or a portion of

the continuing legal education requirement for a period of not more than one (1) year upon a finding by the Commission of special circumstances, unique to that member, constituting undue hardship. Such circumstances include: a. Severe or prolonged illness or disability of the member that prevents the member from participating in approved continuing legal education activities. If the member is disabled or hospitalized, a sworn statement from another person who is familiar with the facts may be accepted; b. Extended absence from the United States; or c. Other extenuating circumstances. 2. An exemption may not be granted in successive years for the same or similar hardship. 3. Exemption during year of admission: An active member is exempt from the continuing legal education requirement of these rules during the balance of the reporting year during which he or she is admitted. G. Waiver: If an active member requests to become an inactive member after the Commission has notified the Court of noncompliance, the Commission may waive the continuing legal education requirement for the previous year. H. Extensions: The Commission may grant an extension of time for the reporting requirement of Rule 5, upon a finding by the Commission of special circumstances unique to that member constituting undue hardship. I. Burden of Proof: The burden is on the member to submit and satisfy the requirements of these rules.

Rule 5 - Reporting Requirements

A. Report. On or before May 15 of each year, each active member who has not been granted an exemption under Rule 4, shall file an affidavit with the Commission reporting continuing legal education activity in the preceding reporting year. The report may include any carryover credits specified in Rule 4A, together with any proof the Commission may require. The Commission shall mail the prescribed affidavit form to each active member on or before April 15 of each year. B. Fee. The Commission shall require payment of a fee not to exceed twenty-five dollars ($25.00), which each reporting attorney must pay to defray the cost of maintaining records and enforcing the Rules. The prescribed fee shall accompany the Supreme Court License Tax and the State Bar of Montana Membership Dues submitted by each attorney. Failure to pay the prescribed fee constitutes noncompliance under Rule 12. C. Noncompliance Fees. In addition to the filing fee prescribed in Rule 3B2(e), attorneys in noncompliance who correct the deficiency on or before July 1, as provided in Rule 12A, shall be assessed an additional fee of fifty dollars ($50.00). Noncompliance after July 1 shall be governed by Rule 12. D. If the prescribed reporting affidavit is deemed incomplete or ambiguous by the Commission or its MCLE Administrator, additional information may be required from the reporting member. E. The burden is on the member to submit and satisfy the requirements of these rules, and failure to respond in a timely manner shall constitute noncompliance under Rule 12. Rule 6 - Credit Hours and Accreditation Standards A. Credit Hours. The Commission shall designate the number of credit hours to be earned by participation in or teaching of approved continuing legal education activities. Credit shall be earned on the basis of one (1) credit hour for each sixty (60) minutes actually spent by a member in attendance at an approved activity or in preparation for and teaching of an approved activity. Credit will not be earned for time spent in introductory remarks, coffee and luncheon breaks, or business meetings. Further, credit will not be earned for speeches presented at, or attendance at, luncheons or banquets. Repetition of an activity does not qualify for credit. B. Accreditation and Accreditation Standards - General. The Commission may approve continuing legal education activities when consistent with these Rules. The following standards as to content shall govern the approval of a continuing legal education activity: 1. It shall have significant legal content; 2. Its primary objective shall be to increase professional competence as a lawyer; 3. It shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional conduct, or the ethical obligations of lawyers; 4. It shall be conducted by an individual or group qualified by practical or academic experience in a setting physically suited to the educational

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G. Authority. The Commission shall operate, for administrative purposes only, under the general authority of the Board of Trustees. For all other purposes including amendments to the rules, recommendations for changes in the methods of operation, and reports on the effectiveness of enforcement, the Commission shall operate under the authority of the Court.

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activity of the program; and 5. It should include thorough, high-quality, and carefully prepared written materials to be distributed to all attendees at or before the time the course is presented. While it is recognized that written materials are not suitable or readily available for some types of subjects, the absence of written materials for distribution should be the exception and not the rule. 6. It shall not be offered on a basis that discriminates against attendees on account of race, color, sex, sexual orientation, culture, social origin or condition, or politicial or religious ideas. C. The burden is on the member to submit and satisfy the requirements of these rules.

Rule 7 - Types of Programs Qualify for Credit

and

Activities

that

A. All activities must meet the standards set forth in Rule 6B. The following methods of presentation will be considered for credit: 1. Interactive seminars - a minimum of ten (10) credit hours per year must be earned by attending interactive seminars. An interactive seminar is an activity where the instructor and at least four other participants are available to interact with each other for the purpose of further discussion or answering questions. 2. Other methods – a maximum of five (5) credit hours per year may be earned by participation in any one or a combination of the following other methods: a. Using audio- or video-produced material; b. Participating in online seminars that do not involve interaction with instructors and other participants; c. Writing an article which appears in any Law Review published by an ABA-accredited law school; d. Attending courses taught at an ABA-accredited law school subsequent to being admitted to the State Bar of Montana; e. Teaching and preparing written materials for an approved activity. Repetition of such teaching activity does not qualify for credit; f. Attending in-house courses offered by law firms, corporate legal departments, or similar entities primarily for the education of their employees or members. The standards set forth in Rule 6B are applicable to the approval of individual in-house courses. In addition, the following additional standards must be met: i. An application for approval must be filed with the Commission before the date on which the course is to be held. The Applicant will be expected to furnish curriculum materials and a schedule and to provide assurances that client-related matters and case studies are not part of the credit hours being sought; ii. The course must be attended by five (5) or more lawyers, including the instructor; iii. The course must be scheduled at a time and location so as to be free of interruption from telephone calls and other office matters; iv. The applicant must agree to permit any member of the Commission, or a designee of the Commission, including the MCLE Administrator, to be in attendance at the activity if deemed necessary by the Commission; g. Satisfactorily completing an approved self-study program; or h. Utilizing any other method if the applicant can demonstrate the activity has significant legal content and the primary objective of the activity is uniquely connected to the practice of law. 3. The burden is on the member to submit and satisfy the requirements of these rules. B. The following will not be considered for credit: 1. Bar Review Courses. Credit shall not be earned for any bar review course offered in any state or for any other course attended before admission to practice law in any state. 2. Teaching at Educational Institutions. Teaching in scheduled activities of any educational institution by an attorney who has an employment relationship with the institution, either as an employee or as a contractor, or by an attorney who is a guest speaker on a regular basis is not an approved continuing legal education activity under this rule.

Rule 8 - Presumptive Accreditation The Commission may recognize and presumptively accredit courses that have been accredited by and held in other states. The Commission will grant the same number of credits to each course that was granted in the state in which the course was presented. The Commission retains the right to reject accreditation of any course that it believes does not meet the standards set out in rule 6(B) or for which documentation of accreditation is not provided.

Š2011 Lawyers’ Deskbook & Directory

Rule 9 - Accreditation

A. A sponsor (other than an Accredited Sponsor) or an individual member may seek advance approval on a form provided by the Commission, accompanied with a filing fee in an amount to be determined by the Commission each year. The same procedure may be followed after presentation of the activity, except that, unless waived by the Commission, requests for approval of activities must be submitted before March 31 of the reporting year in which the activity was presented. Courses submitted after the March 31 deadline will incur a late filing fee not to exceed fifty dollars ($50.00). The Commission, with the MCLE Administrator, shall advise the applicant in writing whether the activity is approved and, if approved, the number of credit hours allowed. B. Except as provided above, no credit will be recognized without application and approval. Any delay which takes place in making a determination on a request for approval does not relieve the member from compliance with the Rules.

Rule 10 - Accredited Sponsors

A. An Accredited Sponsor is an organization designated as such by the Commission. Continuing legal education activities presented by an Accredited Sponsor are approved legal education activities. B. An application for approval as an Accredited Sponsor shall be submitted annually on a form provided by the Commission and accompanied by a filing fee in an amount to be determined by the Commission each year. Applications shall be evaluated under criteria defined in Rules 6 and 7. A sponsor shall not be accredited unless it has offered five or more separate continuing legal education activities during the preceding year. C. Upon approval as an Accredited Sponsor, the organization is exempt from the requirement of applying for approval of individual programs. Documentation for individual programs must be submitted prior to December 31 of the calendar year in which the activity was presented. Documentation submitted after the December 31 deadline will not be considered unless accompanied by a late filing fee not to exceed fifty dollars ($50.00). The Commission will determine the number of credit hours for each continuing legal education activity. D. The Commission may at any time re-evaluate and revoke the status of an Accredited Sponsor if a program fails to meet either the accreditation standards set forth in Rule 6B or the methods of presentation set forth in Rule 7. E. A list of organizations or groups which are approved as Accredited Sponsors of continuing legal education activities will be maintained by the MCLE Administrator in the office of the State Bar of Montana. A current list of Accredited Sponsors will be published in the Montana Lawyer.

Rule 11 - Appeals

An attorney or sponsoring agency disagreeing with a determination of the Commission, the Accreditation Committee, or the MCLE Administrator, other than the noncompliance provisions of Rule 12, shall submit his or her statement, together with supporting data, to the Commission. The Commission shall consider the matter at its next regular meeting. The Commission shall send written notice to the sponsoring agency or attorney advising of the date, time, and location of the meeting and advise that he or she has the right to appear at the meeting and present any evidence on his or her behalf. Consideration of the matter is not an adversarial or contested proceeding, and formal rules of evidence shall not apply. The Commission shall determine the matter by majority vote of those present and its decision shall be final.

Rule 12 - Noncompliance

A. Notice of Noncompliance. The Commission shall, by June 1 of each year, send a written notice of noncompliance to each attorney who had not filed an acceptable affidavit for the previous year as required by Rule 5. The notice of noncompliance shall describe the nature of the noncompliance and shall state that, unless the attorney files an acceptable affidavit with the Commission by July 1 of that year showing that the noncompliance has been corrected and pays the appropriate fees, the Commission will direct the State Bar of Montana to transfer the attorney to inactive status until the noncompliance is corrected and the fees required by Rule 5 are paid. B. Notice of Transfer. No later than ten (1) business days after July 1, the Commission shall furnish the names of the attorneys and the effective date of their transfers to inactive status to the named attorneys, to the


Rule 13 - CLE Requirement upon Reinstatement to Active Status after Suspension

This rule applies to an attorney transferred to inactive status in accordance with Rule 12 or suspended from the practice of law who applies for reinstatement to active status. The attorney may be reinstated by the Court upon the payment of all fees required by the Commission and certification by the Commission that the attorney has completed the minimum continuing legal education requirements. The attorney shall have completed fifteen (15) hours of approved continuing legal education for each 12-month period the attorney was on inactive status or suspended from the practice of law. The total continuing legal education requirement under all of the foregoing shall not exceed thirty (30) hours. The Commission may consider hours of approved continuing legal education that the attorney has completed within twenty-four months prior to the application for reinstatement. Rule 14 - CLE Requirement upon Change from

Voluntary Inactive Status or Resigned Status to Active Status This rule applies to an attorney who voluntarily switched from active to inactive status or who resigned membership in the State Bar and who applies for reinstatement to active status. Within 6 months of re-admission to active status by the Court, the attorney shall complete 15 hours of approved continuing legal education for each 12-month period of inactive or resigned status, not to exceed a total of 30 hours. The Commission may consider hours of approved continuing legal education which the member has completed within 24 months prior to the application for reinstatement to active status. Attorneys who believe their occupations during inactive or resigned status are sufficient to warrant readmission to active status without being required to make up continuing legal education credits may submit petitions to the Court for such re-admission setting forth the grounds for re-admission. If an active member requests to become an inactive member, the continuing legal education requirement may be waived for the preceding year.

Rule 15 - Confidentiality Unless otherwise directed by the Supreme Court or these Rules, the files, records and proceedings of the Commission, as they relate to or arise out of any failure of any attorney to satisfy the requirements of these Rules, shall be deemed confidential and shall not be disclosed, except in furtherance of the duties of the Commission, upon the request of the Commission on Practice, or the attorney affected, or as introduced into evidence or otherwise produced in proceedings under these Rules. After the Commission directs the State Bar of Montana to transfer an attorney to inactive status , the matter becomes one of public record and is no longer confidential.

Adopted January 1, 2001 Amended February 2, 2005 Amended March 14, 2006 Amended November 8, 2006 Amended November 13, 2008 Amended October 7, 2009

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Montana Supreme Court, to the Clerk of the Montana Supreme Court, to the Clerks of the District Courts of the State of Montana with the request that they provide a copy to the district judges in their judicial districts, to the Clerk of the Federal District Court of the District of Montana, with a request that the Clerk provide a copy to the United States District Judges in Montana and to the Clerk of the Circuit Court of Appeals of the Ninth Circuit. C. Transfer Not Punishment. The transfer of an attorney to inactive status pursuant to this Rule shall not be deemed a punishment or disciplinary action for purposes of the Montana Rules of Professional Conduct or the Montana Rules for Lawyer Disciplinary Enforcement (2002). D. Fee for Reinstatement. An attorney transferred to inactive status pursuant to this Rule shall apply for reinstatement as provided in Section 3 of the By-Laws of the State Bar of Montana and shall pay to the State Bar of Montana a fee equal to the greater of two hundred dollars ($200.00) or the usual and customary fee charged by the State Bar of Montana for transferring a member from inactive to active status.

31 Š2011 Lawyers’ Deskbook & Directory


An electronic version of this form is available under the CLE tab at www.montanabar.org

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Š2011 Lawyers’ Deskbook & Directory


Montana Supreme Court COMMISSION ON COURTS OF LIMITED JURISDICTION CHAIR: Hon. Mary Jane McCalla Knisely P.O. Box 1178 Billings, MT 59103 kniselymj@ci.billings.mt.us City Judge-Large Community VICE-CHAIR: Hon. Perry W. Miller P.O. Box 1266 Chinook, MT 59103 pmiller@mt.gov City Judge-Small Community MEMBERS: John Kelly Addy P.O. Box 1178 Billings, MT 59103 addyk@ci.billings.mt.us City Attorney - City Government

6/30/14 247-8650 657-3075 fax

6/30/12 357-2335 357-2361 fax

6/30/14 657-8201 657-3067 fax

Jennifer Boschee Expires upon presidency ending P.O. Box 910 234-5939 Miles City, MT 59301 234-8628 fax jboschee@milescity-mt.org President, MJC & MCCA Hon. Larry G. Carver P.O. Box 339 Stanford, MT 59479 lcarver@mt.gov JP-Small Community

6/30/12 566-2277 x117 566-2211 fax

M. Shaun Donovan 6/30/14 P.O. Box 339 822-3535 Superior, MT 59872 822-3579 fax sdonovan@co.mineral.mt.us County Attorney Hon. Douglas C. Harkin 200 West Broadway Missoula, MT 59802 dharkin@mt.gov District Court Judge

6/30/14 258-4774 258-4739 fax

Randi Hood 44 W. Park Street Butte, MT 59701 rhood@mt.gov Chief Public Defender

Expires upon position ending 496-6082 496-6098 fax

Hon. Gregory Mohr Expires upon presidency ending 300 12th Ave. NW, Suite 6 433-2815 Sidney, MT 59270 433-4021 fax dasbott@richland.org President-Montana Magistrates Assoc. Hon. Gary Olsen 515 Broadway Townsend, MT 59644 golsen@mt.gov JP-Small Community

6/30/12 266-9230 266-4720 fax

Hon. David M. Ortley 800 South Main Kalispell, MT 59901 dortley@flathead.co.mt.us JP - Large Community

6/30/12 758-5643 758-5842 fax

Prof. Margaret Tonon 915 S. 3rd Street Hamilton, MT 59840 peggy.tonon@umontana.edu

6/30/12 363-1214 243-2576 fax

SUPREME COURT LIAISON Justice James C. Nelson P.O. Box 203001 Helena, MT 59620-3001

jcnelson@mt.gov 444-5570 444-3274 fax

STAFF Karen Sedlock 301 S. Park Ave., Room 328 Helena, MT 59620

ksedlock@mt.gov 841-2967 841-2955 fax

Composed of: one District Judge, one city representative, one county representative, one State Bar representative, one small community City Judge, one large community City Judge, one small community JP, one large community JP, one member at large, the President of the Montana Magistrates Association, and the president of the Montana Justice, City and Municipal Court Clerks Assoc.

REGULATORY COMMISSION

33 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court CRIMINAL JURY INSTRUCTIONS COMMISSION MEMBERS: Melissa Broch 1/1/14 228 Broadway 447-8221 Helena, MT 59601 447-8268 fax mbroch@co.lewis-clark.mt.us Prosecution/Trial Attorney

Karen S. Townsend 1/1/13 1450 Pattee Canyon Rd. 549-9083 Missoula, MT 59803 karentownsend@mac.com Prosecution/Trial Attorney

Hon. Gary L. Day 1010 Main St. Miles City, MT 59301 gday@mt.gov District Judge

1/1/14 874-3335 874-3442 fax

James B. Wheelis 217 W. Bush Street Libby, MT 59923 jwheelis@bresnan.net

12/31/10 442-5277

Wendy Lee Holton 7 W. 6th Avenue #4N Helena, MT 59601 wholton@mt.net Defense/Trial Attorney

1/1/12 443-4829 443-1282 fax

Chad M. Wright P.O. Box 1582 Helena, MT 59624 chadwright64@msn.com Defense/Appellate Attorney

1/1/13 495-9027 443-3727 fax

Prof. Andrew King-Ries 1/1/12 The UM School of Law 243-4311 Missoula, MT 59812 andrew.king-ries@umontana.edu Law Professor Hon. Julie A. Randono Macek 1/1/13 415 2nd Ave. N., Room 203 771-3950 Great Falls MT 59401 771-6549 fax District Judge

STAFF: Charles Wood P.O. Box 577 Helena, MT 59624 cwood@montanabar.org

Term: 4 years Appointed by: The Montana Supreme Court Composed of: Nine persons who shall include trial and appellate attorneys who practice criminal law, law professor(s) who teach criminal law or criminal procedure and district judge(s).

Mark W. Mattioli 10/10/14 P.O. Box 201401 444-2026 Helena, MT 59620-1401 444-3549 fax Prosecution/Appellate Attorney

COURT APPOINTED ADVISORY COMMISSION 34 34

©2011 Lawyers’ Deskbook & Directory

447-2200 442-7763 fax


Montana Supreme Court DISTRICT COURT COUNCIL MEMBERS: Hon. Mike McGrath P.O. Box 203001 Helena, MT 59620-3001 Chief Justice

444-5490 444-3274 fax

Hon. Robert L. Deschamps III. 6/30/13 200 W. Broadway 258-4772 Missoula, MT 59802 258-4852 fax ddeschamps@mt.gov District Court Judge, Pos. 1 Hon. Gregory R. Todd P.O. Box 35026 Billings, MT 59107 gtodd@mt.gov District Court Judge, Pos. 2

6/30/12 256-2901 256-2970 fax

Hon. Katherine R. Curtis 920 S. Main Kalispell, MT 59901 kcurtis@flathead.mt.gov District Court Judge, Pos. 3

6/30/11 758-5906 758-5857 fax

Hon. John McKeon 6/30/11 P.O. Box 470 654-1062 Malta, MT 59538 654-2363 fax JoMcKeon@mt.gov District Court Judge, Pos. 4 - not 1st class city Lori Maloney 155 W. Granite St. #313 Butte, MT 59701 lmaloney@mt.gov Clerk of District Court

6/30/12 497-6350 497-6358 fax

Jim Reno 6/30/11 P.O. Box 35000 Billings, MT 59107 jreno@co.yellowstone.mt.gov County Commissioner Glenda Travitz 6/30/11 205 Bedford St., Ste. B Hamilton, MT 59840 gtravitz@mt.gov Court Reporter Glen Welch 6/30/13 317 Woody 523-4735 Missoula, MT 59802 523-4892 fax gwelch@mt.gov Juvenile Probation Officers Assoc. Rep. STAFF: Lois Menzies P.O. Box 203005 841-2957 Helena, MT 59620-3005 841-2955 fax lmenzies@mt.gov Term: 3 years, Chief Justice during appointment Composed of: Nine persons including the Chief Justice of the Supreme Court; four District Court judges including one from a district that does not contain a first-class city; and the following ex-officio, non-voting members appointed by the Supreme Court: one chief juvenile probation officer, one clerk of the District Court, one county commissioner and one court reporter.

COMMISSION REQUIRED BY STATUTE 35 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court EQUAL JUSTICE TASK FORCE CO-CHAIRS: Prof. Andrew King-Ries 11/17/12 The UM School of Law 243-4311 Missoula, MT 59812 andrew.king-ries@umontana.edu

Judy Meadows P.O. Box 203004 Helena, MT 59620-3004 jmeadows@mt.gov Pro Se Commission

Bernadette Franks-Ongoy 9/1/11 P.O. Box 761 449-2344 Helena, MT 59624 bernie@mtadv.org Montana Advocacy Project

Robin A. Meguire 11/17/12 P.O. Box 1845 442-8317 Great Falls MT 59403 robin@meguirelaw.com Montana Justice Foundation

MEMBERS: Rep. Shannon Augare 2/1/14 P.O. Box 909 450-5686 Browning, MT 59417 shannonjaugare@aol.com

Alison Paul 616 Helena Ave., Suite 100 Helena, MT 59601 apaul@mtlsa.org Montana Legal Services

2/1/14 442-9830 442-9817 fax

Richard P. Bartos P.O. Box 1221 Helena, MT 59624 User882963@aol.com

Tammy Plubell P.O. Box 201401 Helena, MT 59620-1401

2/1/14 444-2026 444-3549 fax

11/17/12 449-7824 442-9280 fax

Debra L. DuMontier 9/1/11 P.O. Box 815 275-2825 Pablo, MT 59855 275-2826 fax debra_dumontier@ost.doj.gov Native American Community Leader

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Ann Gilkey P.O. Box 202501 Helena, MT 59620 agilkey@mt.gov

11/17/12 444-4402

Hon. Mary Jane Knisely P.O. Box 35034 Billings, MT 59107 MKnisely@mt.gov District Court Judge

2/1/14 256-2970 867-2500 fax

Hon. Kurt D. Krueger 155 W. Granite St. Butte, MT 59701 kkrueger@mt.gov Montana Judges Association

11/17/12 497-6410 497-6414 fax

©2011 Lawyers’ Deskbook & Directory

11/17/12 444-3660 444-3603 fax

Klaus D. Sitte 11/17/12 211 N. Higgins Ave., Suite 401 543-8343 Missoula, MT 59802 543-8314 fax ksitte@mtlsa.org Montana Legal Services Cynthia K. Smith P.O. Box 7785 Missoula, MT 59802 cks@montanalaw.com State Bar of Montana

11/17/12 541-7177 541-7179 fax

Nancy Sweeney 228 Broadway St. Helena, MT 59601-4263 nsweeney@co.lewis-clark.mt.us Clerks of Court Association STAFF: Janice Doggett P.O. Box 577 Helena, MT 59624 jdoggett@montanabar.org

11/17/12 447-8215 447-8275 fax

COURT APPOINTED ADVISORY COMMISSION

447-2201 442-7763 fax


Montana Supreme Court GENDER FAIRNESS COMMISSION CHAIR: Julianne Carr Burkhardt 7/1/10 P.O. Box 1715 442-8560 Helena, MT 59624 442-8783 fax jcb@gsjw.com MEMBERS: Michael Best P.O. Box 2114 Great Falls, MT 59403 mike@bestlawoffices.net

7/1/10 452-2933 452-9920 fax

Jennifer Brandon 615 S. 16th Rm. 302 Bozeman, MT 59715 jbrandon@mt.gov

7/1/11 582-2165 582-2176 fax

William D’Alton P.O. Box 702 Billings, MT 59103 bdaltonlaw@aol.com

7/1/11 245-6643 245-6693 fax

Shelley A. Hopkins 910 W. Greenough Dr. Missoula, MT 59802 hopkinssa@aol.com

7/1/10 543-1119 721-4346 fax

Appointed by: The Montana Supreme Court Purpose: The Commission shall develop proposals and alternatives to implement the recommendations of the Gender Fairness Task Force Final Report in an effort to promote and enhance gender fairness in the judicial system in the state of Montana.

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Montana Supreme Court COMMISSION ON THE CODE OF JUDICIAL CONDUCT CHAIR: Justice Patricia O. Cotter P.O. Box 203001 Helena, MT 59620-3001 pcotter@mt.gov Supreme Court Justice MEMBERS: Hon. Katherine R. Curtis 920 S. Main Kalispell, MT 59901 District Court Judge Richard J. Dolan 3300 Sundance Drive Bozeman, MT 59715 dick@americanprairie.org Attorney at Law Hon. Karla M. Gray 1 S. Benton Avenue Helena, MT 59601 k.gray@bresnan.net Hon. Blair Jones P.O. Box 1268 Columbus, MT 59019 bljones@mt.gov District Court Judge Holly Kaleczyc 661 W. Main Helena, MT 59601

444-5570 444-3274 fax

758-5906 758-5857 fax

922-0785 585-7910 fax

449-6929

322-5406 322-8429 fax

443-7736

Justice James C. Nelson P.O. Box 203001 Helena, MT 59620-3001 jcnelson@mt.gov Supreme Court Justice Karen A. Orzech 200 W. Broadway Missoula, MT 59802 korzech@co.missoula.mt.us Non-attorney Judge

©2011 Lawyers’ Deskbook & Directory

721-5700 721-4043 fax

G. Lewis Scott P.O. Box 1081 646-9252 West Yellowstone, MT 59758 646-4757 fax golewsco@gmail.com Attorney Judge Hon. John Warner 1737 Virginia Dale Helena, MT 59601 jakwarner@bresnan.net

449-0240

REPORTER: David J. Patterson 6720 Siesta Drive 243-4352 Missoula, MT 59802 243-2576 fax DavidJ.Patterson@umontana.edu Non-Voting/Advisory Member Term: Indefinite Appointed by: The Montana Supreme Court

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444-5570 444-3274 fax


Montana Supreme Court JUDICIAL NOMINATION COMMISSION MEMBERS: Shirley Ball So. Route Box 206 Nashua, MT 59248 Appointed by: Governor

1/1/11

Paul Tuss 13 Spruce Drive Havre, MT 59501 Appointed by: Governor

Mona Charles 1420 Lake Blaine Road Kalispell, MT 59901 Appointed by: Governor

1/1/12

STAFF:

Monica Paoli 106 Crestline Drive Missoula, MT 59803 Appointed by: Governor

1/1/13

Martha Sheehy 1/1/13 P.O. Box 584 252-2004 Billings, MT 59103-0584 (866) 477-5953 fax msheehy@sheehylawfirm.com Appointed by: Supreme Court Hon. Richard A. Simonton 12/31/13 P.O. Box 1249 377-2666 Glendive, MT 59330 377-7280 fax Appointed by: Supreme Court Andrew Paul Suenram 12/1/11 P.O. Box 1366 683-2391 Dillon, MT 59725 683-2233 fax asuenram@swmtlaw.com Appointed by: Supreme Court

1/1/14 265-9226

Lois Menzies P.O. Box 203005 841-2957 Helena, MT 59620-3005 841-2955 fax lmenzies@mt.gov

Term: 4 years 4 - Lay members appointed by governor (non-judicial, non-attorney) 1 - Elected by the district judges 2 - Appointed by the Montana Supreme Court Composed of: seven members, four lay members from different geographical areas of the state who are appointed by the Governor; two attorneys appointed by the Supreme Court (one from that part of the state that is composed of judicial districts 1 through 5, 9, 11, and 18 through 21; and one from that part of the state that is composed of judicial districts 6 through 8, 10, and 12 through 17); and one district judge who is elected by the district judges. Commission members serve a four-year term and are not eligible for nomination to a judicial office during their term on the commission or for one year thereafter.

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Montana Supreme Court JUDICIAL STANDARDS COMMISSION CHAIR: Hon. Edward McLean 200 West Broadway Missoula, MT 59802 jmclean@mt.gov Elected by: District Judges

6/30/11 258-4771 258-3456 fax

VICE-CHAIR: Victor F. Valgenti 6/30/13 University Plaza, #200 542-2140 100 Ryman Street Missoula, MT 59802 marval@montana.com Appointed by: Supreme Court MEMBERS: Hon. Gary Day 1010 Main Street Miles City, MT 59301 gday@mt.gov Elected by: District Judges John Murphy 1806 Beech Dr. Great Falls, MT 59404 Appointed by: Governor Sue Schleif 427 Dupuyer Ave. Valier, MT 59486 Appointed by: Governor STAFF: Shauna Ryan 215 North Sanders Helena, MT 59620 shryan@mt.gov

Term: 4 years Appointed by: the Montana Supreme Court Composed of: five members including two district judges from different judicial districts, elected by the district judges, one attorney who has practiced law in the state for at least ten years, appointed by the Supreme Court; and two citizens from different congressional districts who are not attorneys or judges of any court, active or retired, who are appointed by the Governor. Members of the Judicial Standards Commission serve a four-year term.

6/30/13 874-3335 874-3442 fax

6/30/13

7/1/11

444-2608 444-0834 fax

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Rule 1 - Scope These rules are promulgated pursuant to Section 11, Article VII of the Montana Constitution, and the provisions of Title 3, Chapter 1, Part 11, MCA. These rules apply to all operations of and proceedings before the Judicial Standards Commission of the State of Montana.

Rule 2 - Definitions In these rules, unless context or subject matter otherwise requires: (a) “Commission” means the Judicial Standards Commission of the State of Montana. (b) “Judge” means the Chief Justice, Supreme Court Justice, District Judge, Justice of the Peace, City Judge, Municipal Court Judge, Small Claims Judge, Judge Pro Tempore, or Special Master appointed by a District Judge. “Judge” does not include an administrative law judge or hearings officer appointed by the legislature or any department or commission. (c) “Chairperson” includes the Acting Chairperson. (d) “Examiner” means any person appointed by the Commission to gather and present evidence before the Commission. (e) “Shall” is mandatory. “May” is permissive. (f) “Mail” and “Mailed” include ordinary mail and personal delivery. (g) “Registered mail” means either registered or certified mail deposited with the United States Postal Service with postage prepaid and with a request for a return receipt. (h) “Oath” is synonymous with “affirmation” and “swear” is synonymous with “affirm.”

Rule 3 - Organization of the Commission (a) The Commission shall select from its members a Chairperson, a Vice Chairperson, and such other officers as the Commission may consider proper and helpful in carrying out its functions, who shall serve at the pleasure of the Commission. A member may be elected to more than one office. (b) The Chairperson or designee shall preside at all general meetings of the Commission as well as at formal hearings concerning the conduct or disability of a judge. In the event the Chairperson is absent or is otherwise unable to attend a meeting or to perform the duties of office at a particular time, those duties shall be performed by the Vice Chairperson, and in the absence of the Vice Chairperson, by a member of the Commission designated by those present. (c) Any member of the commission is authorized to administer oaths or affirmations to all witnesses appearing before the Commission. (d) All of the records of the Commission shall remain under the exclusive and continuing control of the Judicial Standards Commission, and access to the same shall be limited to and controlled by the Commission and its staff. In the absence of an order signed by a majority of the justices of the Montana Supreme Court, no justice, judge, employee of same, and no member of the public or media shall have any right of access to the Commission’s records. (e) The records of the Commission shall be maintained in the offices of the Supreme Court Administrator pursuant to these rules and to the Order of the Montana Supreme Court dated and filed July 23, 1984. (f) Records concerning a complaint against a judge, other than a formal complaint ordered filed by the commission as hereinafter set forth or in which any discipline is administered as described in these rules, shall be maintained for 10 years after such judge has ceased to act as a judicial officer, at the end of which time such records may be destroyed. Records concerning a formal complaint filed against a judge, and records concerning any discipline administered as described in these rules, shall be maintained during the lifetime of the judge named therein.

Rule 4 - Staff of the Commission

(a) The Commission shall select an Executive Secretary whose duty it shall be to record minutes of the meetings and hearings which shall be a permanent record of the actions of the Commission. The Executive Secretary shall be responsible for the custody and safekeeping of all the records of the Commission. The Executive Secretary shall promptly furnish to members of the Commission copies of all complaints, notices, answers and other documents filed in connection with proceedings before

the Commission. The Executive Secretary shall be paid as provided in the Order of the Montana Supreme Court dated and filed July 23, 1984. (b) The Commission may appoint an attorney licensed to practice law in the State of Montana to investigate charges against any judicial officer and to report findings to the Commission, and to otherwise assist the Commission in its inquiry into conduct of a judicial officer. (c) The Commission may appoint an attorney licensed to practice law in the State of Montana to marshal and present evidence, to file a formal complaint, and to prosecute a formal complaint before the Commission. (d) The Commission may appoint one or more District Judges to hear and receive evidence in any matter before the Commission, including a formal complaint, and may require that such judge or judges make a record of proceedings before them, and report to the Commission with a recommendation as to any action the Commission should take. (e) An attorney appointed by the Commission under (b) or (c) above shall be paid as determined from time to time by the Commission from funds provided by the legislature for the operation of the Commission.

Rule 5 - Meetings (a) The Commission shall meet four (4) times a year. The dates of these meetings shall be designated by the commission as business may require. The dates of the meetings shall be public information, however, the meetings and the record thereof shall be confidential as stated in these rules. (b) The Chairperson may, and upon the request of three members shall, call a meeting of the Commission. The Chairperson shall give reasonable notice to each member by telephone or other means of the time and place of the meeting. (c) A quorum for the transaction of business of the Commission shall be three members and no action of the Commission shall be valid unless concurred by no less than three members. (d) Decisions by the Commission to conduct an investigation of a judge, order a judge to submit to a physical examination, proceed against a person for contempt for failing to respond to a subpoena of the Commission, issue a public opinion or statement, institute contempt proceedings against a person for violation of the confidentiality provisions of the rules, hold or not to hold a formal hearing, hear additional evidence, make a report to the Supreme Court recommending removal, other discipline, or retirement of a judge, or deciding after a formal hearing not to make such a report, shall be made at a formal meeting of the Commission. Decisions with respect to other matters may be arrived at through communications between the members of the Commission, but a report of such action shall be made by the Chairperson at the next meeting of the Commission and entered in the minutes of that meeting.

Rule 6 - Interested Members of Commission In the event a judicial officer who is a member of the Commission is disqualified by the terms of § 3-1-1108, MCA, or recuse himself from acting in a particular proceeding, the Commission may request the Montana Supreme Court to appoint another judge from a court of record to act as a member of the Commission, to sit and act only in such investigation of the disqualified judge.

Rule 7 - Proceedings Confidential (a) All papers filed herewith and all proceedings before the Commission shall be confidential, provided, however, that the record filed by the Commission with the Supreme Court loses its confidential character upon its filing and, further provided, that it loses its confidentiality in the event that §§ 3-1-1121 through 1126, MCA, are invoked in accordance with the terms thereof. (b) All notices, pleadings and papers mailed to a judge and to other persons pursuant to these Rules shall be marked “personal and confidential.” (c) Every witness in every proceeding under these Rules shall be sworn to tell the truth and not to disclose the existence of the proceeding or the identity of the judge until the proceedings are no longer confidential under these rules. Violation of the oath shall be an act of contempt and punishable as such. (d) If a judge voluntarily retires or resigns prior to the institution of formal proceedings, and agrees not to act as a judge at any time in the

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future, all proceedings against such judge shall terminate and the files of the Commission concerning said judge shall remain confidential. (e) A judge may, upon request, be given information concerning complaints that have been filed against that judge, unless after consideration the commission deems that all or part of such information should be kept confidential. Should any such request by a judge, or a part thereof, be denied, such information shall not be divulged to any other person or agency, nor shall it be used by the commission to take any action, or as justification for any action, described in Rule 9(c). (f) If in connection with the selection or appointment of a judge, any state or federal agency seeks information or written materials from the commission, such judge shall be informed of such request and given a reasonable time to object to or agree to the commission supplying the information requested. If such request is objected to the commission shall set a hearing at its earliest convenience to determine what, if any, information shall be divulged. Such hearing may be by telephone. The judge and the agency shall be given notice of the time and place of such hearing, and the opportunity to participate. The deliberations of the commission on the request shall be confidential. The decision of the commission shall be in writing, giving the reasons therefore. § 3-1-1125, MCA.

Rule 8 - Immunity (a) Communications or complaints, oral or written to the Commission, special counsel or investigators acting for the Commission, and testimony given in the proceedings are privileged, and no evidence thereof is admissible in any lawsuit against any complainant or witness. Waiver, if any, of such privilege by voluntary disclosure by a complainant or witness shall be determined under Rule 503, Montana Rules of Evidence. (b) Members of the Commission, investigators, special counsel, and staff members shall be immune from suit for any conduct in the course of their official duties. All of said persons are deemed officers and/or agents of the Commission for all purposes mentioned in these rules. (c) Upon application of the Commission and after reasonable notice to the appropriate county attorney(s), upon request of the Commission, the Supreme Court may order that a witness cannot be prosecuted or subjected to any penalty or forfeiture, other than a prosecution or action for perjury or contempt, for or on account of any transaction, matter, or thing concerning which the witness testified or produced in a judicial disciplinary proceeding.

Rule 9 - Jurisdiction and Grounds for Discipline (a) The Commission shall have jurisdiction over the conduct of all judges as defined herein, including part-time judges, and those retired district judges that may be called to hear cases as provided by § 195-103, MCA. This jurisdiction concerns conduct that occurred while a judge is in office, or acting as a retired judge, and may include conduct that is not in connection with judicial duties. (b) Grounds for discipline or removal are: (1) Any disability that seriously interferes with the performance of the officer’s duty and is or may become permanent. (2) Willful and persistent failure to perform judicial duties. (3) Willful misconduct in office. (4) Violation of the Canons of Judicial Ethics adopted by the Supreme Court of the State of Montana, which may include conduct prejudicial to the administration of justice which brings the judicial office into disrepute, or impropriety. (5) Habitual intemperance. (c) The Commission may impose, or recommend to the Supreme Court, the following: (1) Admonition: A private communication from the commission to a judge reminding the judge of ethical responsibilities and giving a warning to avoid future misconduct or inappropriate practices. An admonition may be used to give authoritative advice and encouragement or to express disapproval of behavior that suggests the appearance of impropriety even though it meets minimum standards of judicial conduct. (2) Private Reprimand: A private communication from the commission to a judge that declares the judge’s conduct unacceptable under one of the grounds for judicial discipline but not so serious as to merit a public sanction. (3) Public Reprimand: A public reprimand administered by the Supreme Court, upon report and recommendation of the commission, which declares a judge’s conduct unacceptable under one of the grounds for judicial discipline but not so serious as to warrant a censure.

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(4) Censure: A public declaration by the Supreme Court that a judge is guilty of misconduct that does not require suspension or removal from office. Censure may be ordered in conjunction with other sanctions. (5) Suspension: A decision by the Supreme Court to suspend a judge from office temporarily, with or without pay, for serious misconduct that merits more than censure but less than removal. This sanction is flexible, and there are no restrictions on the length of a suspension. (6) Removal: A decision by the Supreme court to remove a judge from office for serious misconduct. (7) Permanent Removal: A decision by the Supreme court to remove a judge permanently from office for serious misconduct and declare that such person may never again hold a judicial office in the State of Montana. (8) Retirement: A decision by the Supreme Court to retire a judge for a disability that seriously interferes with the performance of judicial duties that is or is likely to become permanent. (d) The Commission may admonish or privately reprimand a judge with or without a formal complaint being filed. All other sanctions must be administered, or retirement ordered, by the Supreme Court after completion of a proceeding on a formal complaint, and recommendation to the Supreme Court.

Rule 10 - Complaints - Initial investigations (a) All complaints to the commission shall be in writing, verified, and made on the form attached hereto as “Form A”. Complaints shall be lodged with the Executive Secretary. (b) A complaint shall not be a prerequisite to action by the Commission. The Commission may act on its own motion in those cases where the Commission considers it appropriate. (c) Upon receiving a complaint or otherwise receiving information indicating that a judge is guilty of some action set forth in Rule 9(b), or that the commission should take some action as described in Rule 9(c), the Commission may make an initial inquiry of the judge for such written comments with respect to the matters involved as the judge may wish to make, or may request a response from the judge. With or without making such initial inquiry, and with or without notice or other information being given to the judge, as the Commission may consider appropriate, the Commission may conduct an investigation of the conduct or condition of the judge for the purpose of determining whether formal proceedings should be instituted and a hearing held. However, prior to any determination that a formal hearing will be held, the judge shall be sent a copy of the complaint, or a synopsis of the matters to be or which have been investigated, and the judge shall thereafter be given reasonable opportunity to make such statement to the Commission as the judge considers desirable. Such statement may be made, as the judge may elect, personally or by counsel, verbally or in writing, and may or may not be under oath. In exercising this right, the judge shall not have the right to call witnesses nor to confront nor cross-examine the person making the complaint or any person interviewed by the Commission or its duly authorized representative. If, after being notified by the Commission, the judge does not respond within a reasonable time or within the time fixed by the Commission, the right to make such statement shall thereupon terminate. (d) In making an investigation, the Commission may issue subpoenas for witnesses to appear before the Commission or its representative for the purpose of making a sworn statement and may likewise issue subpoenas for the production of books, papers and other evidentiary matter which are pertinent to the inquiry. (e) Whenever the Commission reaches the conclusion that facts developed upon an initial investigation fail to show any reason for the institution of disciplinary proceedings, the Commission shall dismiss the complaint, terminate the inquiry, and so advise the complainant. At the same time the complainant shall be informed of the confidentiality provisions of Rule 7. The Commission shall also so notify the judge. (f) Complaints may be summarily rejected and dismissed by the Commission because they fail to state any possible grounds for disciplinary proceedings. The Commission may, but is not required to, advise the judge thereof. (g) After receipt of a complaint or of information indicating that a judge may have been guilty of conduct which might warrant discipline, or that a judge may be disabled, the Commission, before voting to hold a formal hearing, may delegate to one or more of its members the authority and responsibility to personally and confidentially confer with the judge subject to the inquiry, and to make informal recommendations to the judge concerning the subject matter of the inquiry and a satisfactory disposition thereof. If the judge agrees to the Commission’s suggested disposition, the matter may be disposed of on the basis of the agree-


Rule 11 - Formal Complaint

(a) If, after an initial investigation, a majority of the Commission find that there exist grounds to conduct formal proceedings concerning a complaint or other facts brought to the attention of the Commission, the Commission shall appoint an attorney, as provided in Rule 4(c), to file a formal complaint against said judge in the office of the Clerk of the Supreme Court, and to prosecute said formal complaint before the Commission. (b) Upon the filing of a formal complaint, said complaint and all proceedings subsequent to its filing are not confidential and become a matter of public record.

Rule 12 - Procedure on Formal Complaint (a) The formal complaint shall be styled as in “Form B” (contact the Montana Supreme Court for “Form B”) and shall state the names of complainants, the nature of the alleged grounds for discipline, the time of actions giving rise to alleged wrongdoing and a brief summary of the facts upon which allegations of wrongdoing are based. (b) A notice of the filing of the formal complaint together with a copy of said complaint shall be served on the judge. Such notice shall advise the judge of the name, address and telephone number of the prosecuting attorney and of the right to file a written response with the Clerk of the Supreme Court within fifteen, (15), days after the complaint has been served upon the judge. (c) (i) Service of the notice and copy of the formal complaint shall be made on the judge who is the subject thereof by personal service as provided in Rule 4(D)(2),(3), M.R.Civ.P. Service of the notice and copy of the complaint may be acknowledged by the judge or the judge’s attorney. (ii) Service and filing of orders, pleadings and other papers shall be made as provided in Rule 5, M.R.Civ.P., except that filing in the office of the Clerk of the Supreme Court shall be deemed filing with the commission. (d) The judge may file a response to the allegations of the formal complaint, within fifteen days after service. Thereafter, the commission may set a hearing on the complaint. Said hearing shall be set no sooner than thirty, (30), days after the time for filing a response has expired or after a response is filed. The hearing shall be set as promptly as possible considering the particular circumstances. (e) The chairperson shall appoint a member of the commission, which may be the chairperson, to hear and determine preliminary matters prior to hearing, set dates, make necessary rulings, make discovery orders, order subpoenas issued, and make such orders as are necessary to assure the hearing is conducted promptly and that both the complainant and the responding judge have opportunity to fully and fairly prepare for the hearing. The orders of said member shall have the same force as an order of the commission unless quashed by a majority of the members thereof. (f) (i) The responding judge shall, upon request, be provided access to the information upon which the formal complaint is based, including the initial complaint, statements of the complainant, witnesses, and other physical and documentary evidence. (ii) The responding judge shall, upon request, be provided with the names and last known address of witnesses that shall be called to testify at the hearing together with copies of all evidence the prosecuting attorney intends to introduce at the hearing. Likewise, the judge shall, upon request, provide the prosecuting attorney with the names and addresses of all witnesses the judge intends to call to testify at the hearing, and copies of all evidence intended to be introduced at the hearing. (iii) Except as specifically stated in these rules, discovery procedures contained in the Montana rules of civil procedure and Montana code of criminal procedure do not apply to proceedings before the commission. (iv) Depositions may be taken only after an order granted by the commission upon application and showing of need therefore. Other discovery methods such as interrogatories, requests for admissions or requests for production may be undertaken only by order

of the commission after application and a showing of need therefor. (g) Upon written request, the commission may direct the Clerk of the Supreme Court to issue subpoenas and they may be served as provided in Rule 45, M.R.Civ.P., except the clerk shall not be required to issue any subpoena except upon direct order of the commission. Payment of witness fees and mileage shall be the same as provided for witnesses in a district court proceeding.

Rule 13 - Hearing on Formal Complaint

(a) At the appointed time and place the prosecuting attorney shall present the case in support of the charges in the formal complaint. Failure of the judge to respond or to appear at the hearing shall not, standing alone, be taken as evidence of the truth of the facts alleged. (b) A verbatim record, by stenographic or other means, shall be made of the hearing. The commission may or may not order that a transcript of the proceedings be made. When a transcript of the hearing has been prepared at the expense of the Commission, a copy thereof shall, upon request, be available for use by the judge and counsel. The judge or other person may arrange to have the proceedings transcribed and to secure a copy of said transcript at the judge’s expense. The judge shall have the right, without any order or approval, to have all or any testimony in the proceedings transcribed at the judge’s expense. (c) The chairperson or designee shall preside at the hearing. The hearing shall be conducted according to the Montana Rules of Evidence. (d) The responding judge may, but shall not be required to, appear at or testify at the hearing. (e) The complainant shall open and close the evidence. The complainant, acting through the prosecuting attorney, shall have the burden of proof that the charges are true by clear and convincing evidence as defined by § 27-1-221(5), MCA. The responding judge shall have the right to, but shall not be required to, present evidence in defense of the complaint. (f) At the conclusion of the hearing the commission may order further written arguments or submissions as it deems appropriate. Thereafter, the matter shall be deemed submitted for decision. (g) Deliberations of the commission shall be conducted in private. The commission shall render its decision, and any recommendation to the supreme court in writing. The commissions decision shall be filed in the office of the Clerk of the Supreme Court and the charges dismissed or a recommendation transmitted to the court, whichever is necessary. (h) Should less than a majority of the commission vote affirmatively for the censure, suspension, retirement, or removal, a formal complaint shall be dismissed in favor of the judge, who shall be entitled to fees paid or incurred for subpoenas, witness fees and mileage, and any depositions ordered by the commission. Said judge shall also be reimbursed for reasonable attorneys fees required in defense of such formal complaint. Such costs shall be paid to the judge from funds provided to the commission by the legislature. Should the commission find charges in a formal complaint to be true, and a recommendation for discipline as provided in Rule 9(c) be accepted and imposed by the supreme court, the responding judge may be assessed and required to pay all costs of the proceedings before the commission, including reasonable attorneys fees of the prosecuting attorney.

Rule 14 - Interim Disqualification Officers

of

Judicial

Upon the Commission’s filing with the Supreme Court a recommendation that a judicial officer be removed or retired, the judge shall forthwith be disqualified to serve as such, without loss of salary, pending the Supreme Court’s review of the record and proceedings, and its order thereon. § 3-1-1109(2), MCA.

Rule 15 - Judge Incompetent If a judge against who a complaint has been filed has been adjudged incompetent by a court of competent jurisdiction, or if it appears to the commission at any time that a judge is not competent, for the purposes of disposition of a complaint before the commission, and no guardian has been appointed, the commission shall appoint a guardian ad litem, to act for such judge. The guardian or guardian ad litem may claim and exercise any right or privilege and make any defense for the judge with the same force and effect as if claimed, exercised, or made by the judge, if competent. Whenever these rules provide for serving or giving notice or sending any matter to the judge, such notice or matter shall be served, given, or sent to the guardian or guardian ad litem.

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ment reached. If such agreed disposition is made on the basis that it be made public, the Commission shall file a report of such disposition in the office of the Clerk of the Supreme Court and it shall become a matter of public record. (h) The Commission may at any time entertain and act upon a proposal from a judge for disposition of any matter pending before the Commission concerning such judge, provided that if such proposal is made after filing of a formal complaint, and is found acceptable to the Commission, a report thereof shall be filed in the office of the Clerk of the Supreme Court, and such report shall not be considered confidential.

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Rule 16 - Effective Date and Amendment

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(a) These rules shall be effective upon signature of a majority of the commission and filing in the office of the Clerk of the Supreme Court. Amendments hereto may be made from time to time by the commission, and such amendments shall be effective upon signature of a majority of the commission and filing in the office of the Clerk of the Supreme Court. (b) Upon signing and filing of these rules, all previous rules of the Judicial Standards Commission are repealed. Adopted July 29, 1999 /S/ /S/ /S/ /S/ /S/

Hon. John Warner, Chairman Victor F. Valgenti, Vice Chairman Barbara Evans, member Patty Jo Henthorn, member Hon. Ed McLean, member

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Montana Supreme Court COMMISSION ON PRACTICE CHAIR: John Warren P.O. Box 28 Dillon, MT 59725 warren@qwestoffice.net MEMBERS: Tracy A. Axelberg P.O. Box 7370 Kalispell, MT 59904 taxelberg@cmccalaw.com

AREA/Term AREA B: 4/28/13 683-2363 683-6790 fax

AREA A: 4/1/14 751-6000 756-6522 fax

Stephen R. Brown, Jr. AREA D: 5/28/13 P.O. Box 7152 265-6706 Havre, MT 59501 265-7578 fax sbrown@bkdlaw.org Patricia DeVries, non-atty. 8/31/11 P.O. Box 562 883-9250 Polson, MT 59860 Sarah Etchart, non-atty. 8/31/11 801 Flowerree Helena, MT 59601 Jean E. Faure AREA C: 6/9/12 P.O. Box 2466 452-6500 Great Falls, MT 59403 452-6503 fax jfaure@faureholden.com Gene Huntington, non-atty. 8/31/11 225 N. Warren Helena, MT 59601 AREA/Term James F. Jacobsen, non-atty. 6/30/14 1005 Strawberry Drive Helena, MT 59601

Carey E. Matovich P.O. Box 1098 Billings, MT 59103 cmatovich@mkfirm.com

AREA G: 5/5/12 252-5500 252-4613 fax

Daniel N. McLean P.O. Box 797 Helena, MT 59624 dnmclean@crowleyfleck.com

AREA E: 4/1/14 457-2022 449-5149 fax

Rich Ochsner, non-atty. 6/30/14 5175 U.S. Hwy. 93 South Missoula, MT 59804 Jon A. Oldenburg 505 West Main, Ste. 309 Lewistown, MT 59457 olden@midrivers.com

Jo Ridgeway AREA H: 4/28/13 P.O. Box 1747 421-5596 Miles City, MT 59301 421-5597 fax jo.ridgeway.c4du@statefarm.com Ward E. Taleff, atty. at-large P.O. Box 609 Great Falls, MT 59403 karen@talefflaw.com STAFF: Shauna Ryan 215 North Sanders Helena, MT 59620 shryan@mt.gov

©2011 Lawyers’ Deskbook & Directory

6/30/14 761-9400 761-9405 fax

444-2608 444-0834 fax

Term: 4 years Appointed by: The Montana Supreme Court following an election by licensed attorneys in their respective areas. Composed of: Nine attorneys (one from each defined area and one at-large) and five non-attorneys.

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AREA F: 6/25/13 538-2242 538-4046 fax


CHAIR: Richard E. “Fritz” Gillespie P.O. Box 598 Helena, MT 59624 REGillespie@kellerlawmt.com VICE-CHAIR: Kenneth R. Olson 417 Central Ave. #4 Great Falls, MT 59401 olsonlaw@mt.net MEMBERS: Caroline Fleming 1701 Leighton Blvd. Miles City, MT 59301 jackncaroline@yahoo.com Jennifer Hensley 2319 Harvard Ave. Butte, MT 59701 jen_hensley@msn.com

State of Montana PUBLIC DEFENDER COMMISSION http://www.publicdefender.mt.gov/members.asp 7/1/13 442-0230 449-2256 fax

Majel Russell 3317 3rd Avenue N. Billings, MT 59101 Mrussell@elkriverlaw.com

7/1/12 259-8611 259-3251 fax

7/1/11 727-6263

William Snell 3122 Brayton Street Billings, MT 59102 psf@180com.net

7/1/13 259-9616

James Park Taylor 717 Hiberta Street Missoula MT 59804 jpt42@hotmail.com

7/1/11

7/1/11 234-0542

7/1/11

Terry Jessee 7/1/12 4425 Harvest Lane 254-7925 Billings, MT 59106 TJessee@co.yellowstone.mt.gov Raymond Kuntz 23 N. Broadway Red Lodge, MT 59068 ray@redlodgelaw.com

7/1/13 446-3725

Margaret Novak 242 W. Harrison Ave. Chester, MT 59522 margaretmnovak@gmail.com

7/1/13 759-5538

Charles Petaja 615 S. Oaks Helena, MT 59601 haloffices@qwestoffice.net

7/1/12 442-3625

STAFF CONTACT: Cathy Doyle 44 West Park Butte, MT 59701 cmdoyle@mt.gov

496-6095

Term: 3 years Appointed by: the Governor of Montana Composed of: five attorney and six non-attorney members. Objectives: The Public Defender Commission is responsible for the design, direction and supervision of the public defender system created by passage of The Montana Public Defender Act contained in Chapter 449, Laws of Montana, 2005. The Commission appoints the chief public defender, approves the strategic plan for the delivery of services, approves statewide standards for qualifications and training of public defenders and approves the overall design of the statewide system.

COMMISSION REQUIRED BY STATUTE

47 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court COMMISSION ON RULES OF EVIDENCE

CHAIR: Prof. Margaret A. Tonon 1/1/14 615 S. 3rd Street 243-4311 Hamilton, MT 59840 243-2576 fax peggy.tonon@umontana.edu Law Professor VICE CHAIR: John P. Connor, Jr. P.O. Box 743 Helena, MT 59624 johnpconnor@gmail.com Prosecutor MEMBERS: Elizabeth Best P.O. Box 2114 Great Falls, MT 59403 beth@bestlawoffices.net Plaintiffs’ Attorney

1/1/11 447-8212

1/1/11 452-2933 452-9920 fax

Daniel P. Buckley 125 W. Mendenhall Bozeman, MT 59715 Criminal Defense Attorney

1/1/12 587-3346 587-0475 fax

Michael W. Cotter 901 Front St., Suite 1100 Helena, MT 59626 Plaintiffs’ Attorney

12/31/11 457-5271 457-5130 fax

Wendy Lee Holton 7 W. 6th Avenue #4N Helena, MT 59601 wholton@mt.net Criminal Defense Attorney

12/31/11 443-4829 443-1282 fax

Kirsten H. LaCroix 1/1/14 200 W. Broadway 523-4737 Missoula, MT 59802 523-4915 fax klacroix@co.missoula.mt.us Chief Criminal Deputy Guy W. Rogers P.O. Drawer 849 Billings, MT 59103 grogers@brownfirm.com Civil Defense Attorney

Hon. Jeffrey M. Sherlock 1/1/12 228 Broadway St., Rm. 201 447-8205 Helena, MT 59601 447-8275 fax District Judge Gary M. Zadick P.O. Box 1746 Great Falls, MT 59403 gmz@uazh.com Civil Defense Attorney

©2011 Lawyers’ Deskbook & Directory

12/31/11 771-0007 452-9360 fax

Term: 4 years Appointed by: The Montana Supreme Court Composed of: Ten persons, including the following categories of membership--four criminal trial attorneys (two prosecutors and two defense attorneys); four civil trial attorneys (two plaintiffs’ attorneys and two defense attorneys); one district court judge; and one law professor.

COURT APPOINTED ADVISORY COMMISSION 48 48

1/1/14 248-2611 248-3128 fax


Montana Supreme Court COMMISSION ON SELF-REPRESENTED LITIGANTS CO-CHAIRS: Hon. Russ Fagg 11/23/13 P.O. Box 35027 256-2906 Billings, MT 59107 256-2970 fax rfagg@mt.gov Judy Meadows P.O. Box 203004 Helena, MT 59620 jmeadows@mt.gov MEMBERS: Kim Crowley 247 1st Ave East Kalispell, MT 59901-4598 Shirley Faust 200 West Broadway Missoula, MT 59802 sfaust@co.missoula.mt.us

Beda J. Lovitt 2557 Primrose Lane Helena, MT 59601 b.lovitt@bresnan.net

6/21/13 442-7777 442-7777 fax

6/24/13 444-3660 444-3603 fax

Hon. Michele Snowberger 91 E. Central Belgrade, MT 59714

6/24/13 388-3774 388-3779 fax

12/31/13 758-5820

LIAISON: Hon. Mike McGrath P.O. Box 203001 Helena, MT 59620-3001

8/31/11 258-4780 258-4899 fax

444-5490 444-3274 fax

Term: 3 years Appointed by: The Montana Supreme Court

Ed Higgins 4/30/11 211 N. Higgins Ave., Ste. 401 543-8343 Missoula, MT 59802 543-8314 fax ehiggins@mtlsa.org Corbin Howard 12/31/11 3860 Ave. B, Suite C 248-9244 Billings, MT 59102 248-6384 fax corbinhoward@corbinhoward.com

COURT APPOINTED ADVISORY COMMISSION 49 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court SENTENCE REVIEW DIVISION CHAIR: Hon. Ray Dayton 12/31/12 800 S. Main 563-4044 Anaconda, MT 59711 563-7015 fax rdayton@mt.gov MEMBERS: Hon. Blair Jones P.O. Box 1268 Columbus, MT 59019 bljones@mt.gov

12/31/10 322-5406 322-8429 fax

Hon. Richard Simonton P.O. Box 1249 Glendive, MT 59330

12/31/11 377-2666 377-7280 fax

Hon. John Warner 1737 Virginia Dale Helena, MT 59601 jakwarner@bresnan.net

12/31/12 449-0240

STAFF: Shelly Hinson shinson@mt.gov 215 North Sanders, Rm. 315 444-2634 Helena, MT 59620 444-0834 fax Term: 3 years Appointed by: The Chief Justice of the Montana Supreme Court Composed of: Three district judges each serving for a three-year term For the Sentence Review Division rules and forms, see pages 19-20 in this Deskbook.

COMMISSION REQUIRED BY STATUTE 50 50

©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court COMMISSION ON TECHNOLOGY CHAIR: Hon. James C. Nelson jcnelson@mt.gov P.O. Box 203001 444-5570 Helena, MT 59620-3001 444-3274 fax Supreme Court Justice 4/1/13 MEMBERS: Peg Allison pallison@co.flathead.mt.us 800 S. Main 758-5870 Kalispell, MT 59901-5400 Clerk of District Court 3/31/12 Larry Carver 7carver7@3rivers.net P.O. Box 339 566-2277 ext 117 Stanford, MT 59479 566-2211 fax Chair: Courts of Ltd. Juris. Auto.Cmte. Hon. Joe L. Hegel jhegel@mt.gov 1010 Main Street 874-3336 Miles City, MT 59301 874-3442 fax District Judge 4/1/13 Christopher L. Manos cmanos@montanabar.org P.O. Box 577 447-2203 Helena, MT 59624 442-7763 fax Exec. Dir. of State Bar of Montana 4/1/13 Judy Meadows jmeadows@mt.gov P.O. Box 203004 444-3660 Helena, MT 59620-3004 444-3603 fax State Law Librarian 3/31/11 Lois Menzies lmenzies@mt.gov P.O. Box 203005 841-2957 Helena, MT 59620-3005 841-2955 fax Supreme Court Administrator 3/31/11

Hon. Karen Orzech korzech@co.missoula.mt.us 200 West Broadway 721-5700 ext. 3328 Missoula, MT 59802 721-4043 fax Ltd. Jurisdiction Judge 3/31/12 Jim Powell jepowell@stanfordalumni.com 1026 E. 6th Ave. 449-9852 Helena, MT 59601 3/31/12 Lay member Sen. Jim Shockley P.O. Box 608 642-3792 Victor, MT 59875-0608 Member of the Legislature

3/31/13

Ed Smith eds@mt.gov P.O. Box 203003 444-3858 Helena, MT 59620 444-5705 fax Clerk of the Supreme Court 3/31/11 Term: 3 years Appointed by: The Montana Supreme Court Composed of: Eleven members to include: a Supreme Court Justice; the Supreme Court Administrator or designee; a District Court Judge; the Clerk of the Supreme Court or designee; a Clerk of District Court; the chairperson of the Commission on Courts of Limited Jurisdiction Automation Committee; a Judge of a Court of Limited Jurisdiction; the State Law Librarian or designee; a member of the Legislature; the Executive Director of the State Bar of Montana or designee; and a member of the public.

COURT APPOINTED ADVISORY COMMISSION 51 ©2011 Lawyers’ Deskbook & Directory


Montana Supreme Court UNIFORM DISTRICT COURT RULES COMMISSION CHAIR: Gregory S. Munro 10/1/14 John H. Grant 11/17/13 UM School of Law 243-6745 203 North Ewing St. 442-1300 Missoula, MT 59812 243-2576 fax Helena, MT 59601 443-7033 fax greg.munro@umontana.edu jgrant@jmgm.com Law School Professor Civil Trial Atty. - defendant MEMBERS: Monte D. Beck 1946 Stadium Dr., Ste. 1 Bozeman, MT 59715 mbeck@becklawyers.com Civil Trial Atty. - plaintiff

10/7/11 586-8700 586-8960 fax

Elizabeth A. Halverson 10/1/14 P.O. Box 1976 294-2020 Billings, MT 59103 294-9359 fax ehalverson@halversonlaw.net Civil Trial Atty. - plaintiff Hon. Katherine M. Irigoin 300 12th Ave. NW, Suite #2 Sidney, MT 59270 kirigoin@mt.gov District Court Judge

Hon. Mike Salvagni 615 S. 16th Ave. Bozeman, MT 59715 msalvagni@mt.gov District Court Judge

11/17/13 433-5939 433-6879 fax

COURT APPOINTED ADVISORY COMMISSION ©2011 Lawyers’ Deskbook & Directory

Term: 4 years Appointed by: The Montana Supreme Court Composed of: seven members including two district court judges, two civil trial attorneys representing plaintiffs, two civil trial attorneys representing defendants, and one professor of the Montana School of Law.

Cathy Lewis 11/17/13 P.O. Box 1746 771-0007 Great Falls MT 59403-1746 452-9360 fax cathyjlewis@gmail.com Civil Trial Atty. - defendant

52 52

10/1/12 582-2140 582-2176 fax


JUDICIAL DISTRICTS

53 ©2011 Lawyers’ Deskbook & Directory


DISTRICT COURTS

(For a Judicial District Map see previous page.) 1ST JUDICIAL DISTRICT (Broadwater and Lewis and Clark counties) Judge, Department 1 Dist. Ct. Admin. Assistant Admin. Assistant Hon. Dorothy McCarter Toni B. Demers Denise Hartman 228 Broadway 228 Broadway 228 Broadway Helena, MT 59601 Helena, MT 59601 Helena, MT 59601 447-8205; 447-8421 fax 447-8205; 447-8421 fax 447-8209; 447-8421 fax Term Expires: 2012 tdemers@mt.gov dhartman@mt.gov Court Reporter Scheduling Clerk Julie Sampson Dawn Apple For the Record Reporting Services 447-8217; 447-8275 P.O. Box 176 dapple@co.lewis-clark.mt.us Butte, MT 59703 498-3941; 447-8421 fax fortherecord@bresnan.net Judge, Department 2 Dist. Ct. Admin. Assistant Admin. Assistant Hon. Jeffrey M. Sherlock Toni B. Demers Denise Hartman 228 Broadway 228 Broadway 228 Broadway Helena, MT 59601 Helena, MT 59601 Helena, MT 59601 447-8205; 447-8421 fax 447-8205; 447-8421 fax 447-8209; 447-8421 fax Term Expires: 2012 tdemers@mt.gov dhartman@mt.gov Court Reporter Scheduling Clerk Penny Doig-Martin Lindsay Slead 228 Broadway 447-8218; 447-8275 fax Helena, MT 59601 lslead@co.lewis-clark.mt.us 447-8267; 447-8421 fax pemartin@mt.gov Judge, Department 3 Dist. Ct. Admin. Assistant Admin. Assistant Hon. Kathy Seeley Toni B. Demers Denise Hartman 228 Broadway 228 Broadway 228 Broadway Helena, MT 59601 Helena, MT 59601 Helena, MT 59601 447-8209; 447-8421 fax 447-8205; 447-8421 fax 447-8209; 447-8421 fax Term Expires: 2014 tdemers@mt.gov dhartman@mt.gov Court Reporter Scheduling Clerk Vickie Pratt Jamie Dziak 228 Broadway 447-8214; 447-8275 fax Helena, MT 59601 jdziak@co.lewis-clark.mt.us 447-8211; 447-8421 fax vpratt@mt.gov Judge, Department 4 Hon. James P. Reynolds 228 Broadway Helena, MT 59601 447-8205; 447-8421 fax Term Expires: 2016

Dist. Ct. Admin. Assistant Toni B. Demers 228 Broadway Helena, MT 59601 447-8205; 447-8421 fax tdemers@mt.gov

Court Reporter 228 Broadway Helena, MT 59601 447-8238; 447-8421 fax

Scheduling Clerk Angie Sparks 447-8264; 447-8275 fax asparks@co.lewis-clark.mt.us

Clerk of District Court (Broadwater County) Valerie Hornsveld 515 Broadway Street Townsend, MT 59644-2397 266-9236; 266-4720 fax vhornsveld@mt.gov

54 ©2011 Lawyers’ Deskbook & Directory

Admin. Assistant Denise Hartman 228 Broadway Helena, MT 59601 447-8209; 447-8421 fax

Law Clerk Ruth Cox 228 Broadway Helena, MT 59601 447-8212; 447-8421 fax

Law Clerk Stephen F. Frankino 228 Broadway Helena, MT 59601 457-8821; 447-8421 fax sfrankino@mt.gov

Law Clerk John Connor 228 Broadway Helena, MT 59601 447-8212; 447-8421 fax jconnor@mt.gov

Law Clerk Vacant 228 Broadway Helena, MT 59601 447-8213; 447-8421 fax

Clerk of District Court (Lewis & Clark County) Nancy Sweeney 228 Broadway Helena, MT 59601 447-8216; 447-8275 fax nsweeney@co.lewis-clark.mt.us


2ND JUDICIAL DISTRICT (Silver Bow County) Judge, Department 1 Hon. Kurt Krueger 155 W. Granite St. Butte, MT 59701 497-6410; 497-6414 fax kkrueger@mt.gov Term Expires: 2012

Paralegal Joodee Workman 155 W. Granite St. Butte, MT 59701 497-6410; 497-6414 fax jworkman@mt.gov

Law Clerk Todd Baker 155 W. Granite St. Butte, MT 59701 497-6412; 497-6414 fax tbaker@mt.gov

Court Reporter Wayrynen and Lively 155 W. Granite St. Butte, MT 59701 494-4755; 494-1776 fax

Judge, Department 2 Hon. Bradley G. Newman 155 W. Granite St. Butte, MT 59701 497-6420; 497-6358 fax BNewman3@mt.gov Term Expires: 2012

Court Assistant Margaret Robbe (a.m.) Janet Kuoppala (p.m.) 155 W. Granite St. Butte, MT 59701 497-6420; 497-6358 fax mrobbe@mt.gov jkuoppala@mt.gov

Law Clerk Tony DeNino 155 W. Granite St. Butte, MT 59701 497-6423; 497-6358 fax tdenino@mt.gov

Court Reporter Kimberly Carpenter 155 W. Granite St. Butte, MT 59701 497-6422; 497-6358 fax kcarpenter@mt.gov

Clerk of District Court Lori Maloney 155 W. Granite St., Room 313 Butte, MT 59701 497-6350; 497-6358 fax lmaloney@mt.gov 3RD JUDICIAL DISTRICT (Deer Lodge, Granite and Powell counties) Judge Judicial Assistant Hon. Ray J. Dayton Sheila Verlanic 800 South Main 800 South Main Anaconda, MT 59711 Anaconda, MT 59711 563-4044; 563-7015 fax 563-4044; 563-7015 fax rdayton@mt.gov verlanic@mt.gov Term Expires: 2012

Law Clerk Vinnie Pavlish 800 South Main Anaconda, MT 59711 563-4044; 563-7015 fax vpavlish@mt.gov

Electronic Court Reporter Mark Woirhaye 800 South Main Anaconda, MT 59711 563-4044; 563-7015 fax mwoirhaye@mt.gov

Clerk of District Court (Anaconda-Deer Lodge County) Susie Krueger 800 S. Main Street Anaconda, MT 59711-2999 563-4040; 563-4077 fax skrueger@mt.gov Clerk of District Court (Powell County) Joan Burke 409 Missouri Avenue Deer Lodge, MT 59722 846-3680; 846-1031 fax jburke@mt.gov

Clerk of District Court (Granite County) Carol Bohrnsen 220 N. Sansome P.O. Box 399 Philipsburg, MT 59858 859-3712; 859-3817 fax cbohrnsen@mt.gov

4TH JUDICIAL DISTRICT (Mineral and Missoula counties) Judge, Department 1 Hon. Edward P. McLean 200 W. Broadway Missoula, MT 59802 258-4771; 258-3456 fax jmclean@mt.gov Term Expires: 2012

Judicial Assistant Katie Quam 200 W. Broadway Missoula, MT 59802 258-4771; 258-3456 fax kquam@mt.gov

Law Clerk Kyle Beach 200 W. Broadway Missoula, MT 59802 258-3494; 258-3456 fax kbeach@mt.gov

Court Reporter Colleen Williamson 200 W. Broadway Missoula, MT 59802 258-4766; 258-3456 fax cwilliamson@mt.gov

Judge, Department 2 Hon. Robert L. Deschamps III. 200 W. Broadway Missoula, MT 59802 258-4772; 258-4852 fax ddeschamps@mt.gov Term Expires: 2012

Judicial Assistant Brenda Trochmann 200 W. Broadway Missoula, MT 59802 258-4772; 258-4852 fax btrochmann@mt.gov

Law Clerk Charlotte Beatty 200 W. Broadway Missoula, MT 59802 258-3836; 258-4852 fax cbeatty@mt.gov

Court Reporter Stephanie Morrow 200 W. Broadway Missoula, MT 59802 258-4733; 258-4852 fax smorrow3@mt.gov

55 ©2011 Lawyers’ Deskbook & Directory


Judge, Department 3 Hon. John W. Larson 200 W. Broadway Missoula, MT 59802 258-4773; 258-4739 fax johlarson@mt.gov Term Expires: 2012

Judicial Assistant Brenda Johnson 200 W. Broadway Missoula, MT 59802 258-4773; 258-4739 fax brendaj@mt.gov

Law Clerk Heather Mathews 200 W. Broadway Missoula, MT 59802 258-4958; 258-4739 fax hmathews@mt.gov

Standing Master (Dept. 3) Brenda Desmond 200 W. Broadway Missoula, MT 59802 258-4728; 258-4739 fax bdesmond@mt.gov

Standing Master (Dept. 1 & 2) Susan Leaphart 200 W. Broadway Missoula, MT 59802 258-4742; 258-3456 fax (Katie Quam, jud. asst.)

Youth Drug Court Programs (Dept. 1 & 2) Vacant 200 W. Broadway Missoula, MT 59802 258-3689; 258-4739 fax

Judge, Department 4 Hon. Karen S. Townsend 200 W. Broadway Missoula, MT 59802 258-4774; 258-4852 fax Term Expires: 2016

Judicial Assistant Pam Schneider 200 W. Broadway Missoula, MT 59802 258-4774; 258-4852 fax pschneider@mt.gov

Law Clerk Lukia Meras 200 W. Broadway Missoula, MT 59802 258-3310; 258-4852 fax lmeras@mt.gov

Departments 1, 2, 3, 4

Intensive Court Case Manager Laurie Hunt 200 W. Broadway Missoula, MT 59802 258-4957; 258-4739 fax lhunt@mt.gov

Clerk of District Court (Mineral County) Kathleen M. Brown 300 River Street P.O. Box 129 Superior, MT 59872 822-3538; 822-3579 fax kbrown2@mt.gov

Court Reporter Cerese Parker 200 W. Broadway Missoula, MT 59802 258-4734; 258-4739 fax

Court Reporter Cathy Rebish 200 W. Broadway Missoula, MT 59802 258-4738; 258-4852 fax

Clerk of District Court (Missoula County) Shirley E. Faust 200 W. Broadway Missoula, MT 59802 258-4780; 258-4899 fax sfaust@co.missoula.mt.us

5TH JUDICIAL DISTRICT (Beaverhead, Jefferson and Madison counties) Judge Hon. Loren Tucker 110 W. Wallace 2 S. Pacific #6 P.O. Box 185 Dillon, MT 59725 Virginia City, MT 59755 683-3745; 683-3728 fax 843-4235; 843-5207 fax Tuesday & Thursday Monday Term Expires: 2012

201 Centennial P.O. Box H Boulder, MT 59632 225-4042; 225-4044 fax Wednesday

Administrative Assistant Diane Kaatz (Same address, phone, fax as Judge) dkaatz@mt.gov

Court Reporters-Beaverhead/Madison Counties Kathy Hilton 683-2858 Robyn Morstein 683-2211 Monday-Friday

Court Reporter/Jefferson County Laurie Crutcher 442-8262

Clerk of District Court Clerk of District Court (Beaverhead County) (Jefferson County) Sheila Brunkhorst Marilyn A. Craft 2 S. Pacific #5 201 Centennial Dillon, MT 59725 P.O. Box H 683-3725; 683-3728 fax Boulder, MT 59632 sbrunkhorst@mt.gov 225-4042; 225-4044 fax mcraft@mt.gov

56 ©2011 Lawyers’ Deskbook & Directory

Law Clerk James Payette 2 S. Pacific #6 Dillon, MT 59725 683-3748; 683-3728 fax

Clerk of District Court (Madison County) Bundy K. Bailey P.O. Box 185 Virginia City, MT 59755 843-4230; 843-5207 fax bubailey@mt.gov


6TH JUDICIAL DISTRICT (Park and Sweet Grass counties) Judge Hon. William Nels Swandal 414 East Callender Livingston, MT 59047 222-4132 nswandal@mt.gov Term Expires: 2012

Court Administrator Nancy L. MacCracken 414 East Callender P.O. Box 437 Livingston, MT 59047 222-4130 nmaccracken@mt.gov

Clerk of District Court (Park County) June Little 414 E. Callender St. P.O. Box 437 Livingston, MT 59047-2799 222-4125; 222-4128 fax julittle@mt.gov

Court Reporter Sandra Hogstad 414 East Callender P.O. Box 437 Livingston, MT 59047 222-4132 shogstad@mt.gov Clerk of District Court (Sweet Grass County) Deanna Novotny 200 W. 1st P.O. Box 698 Big Timber, MT 59011-0698 932-5154; 932-5433 fax denovotny@mt.gov

7TH JUDICIAL DISTRICT (Dawson, McCone, Prairie, Richland and Wibaux counties) Judge, Department 1 Hon. Richard A. Simonton 207 W. Bell Street P.O. Box 1249 Glendive, MT 59330 377-2666; 377-7280 fax Term Expires: 2012

Paralegal/Court Administrator Mitzi Barney 207 W. Bell Street P.O. Box 1249 Glendive, MT 59330 377-2666; 377-7280 fax mbarney@mt.gov

Court Reporter Jessica L. Turner 207 W. Bell Street P.O. Box 1249 Glendive, MT 59330 377-2666; 377-7280 fax jessicalturner@q.com

Judge, Department 2 Hon. Katherine M. Irigoin 300 12th Ave. NW Suite 2 Sidney, MT 59270 433-5939; 433-6879 fax Term Expires: 2014

Administrative Assistant Janice Klempel 300 12th Ave. NW Suite 2 Sidney, MT 59270 433-5939; 433-6879 fax jklempel@mt.gov

Court Recorder Lanette Young 300 12th Ave. NW Suite 2 Sidney, MT 59270 433-5939; 433-6879 fax

Clerk of District Court (Dawson County) Tammy Helmuth 207 W. Bell Street Glendive, MT 59330 377-3967; 377-7280 fax thelmuth@mt.gov

Clerk of District Court (McCone County) Debra Porter 1004 C Avenue P.O. Box 199 Circle, MT 59215 485-3410; 485-3436 fax dporter@mt.gov

Law Clerk Michael Watson 207 W. Bell Street P.O. Box 1249 Glendive, MT 59330 377-2666; 377-7280 fax mwatson3@mt.gov

Clerk of District Court (Prairie County) Toni Kalfell 217 W. Park St. P.O. Box 125 Terry, MT 59349-0125 635-5575; 635-5576 fax clerkrecorder@prairie.mt.gov

Clerk of District Court (Richland County) Arlene Riggs 201 W. Main St. Sidney, MT 59270 433-1709; 433-6945 fax ariggs@mt.gov

Clerk of District Court (Wibaux County) Michael W. Schneider 203 Wibaux St. P.O. Box 292 Wibaux, MT 59353 796-2484; 796-2484 fax mschneider@mt.gov 8TH JUDICIAL DISTRICT (Cascade County) Judge, Department A Hon. Thomas M. McKittrick 415 2nd Ave. N., Rm. 307 Great Falls, MT 59401 454-6894; 454-6946 fax Term Expires: 2012

Administrative Assistant Julie Scanlon 415 2nd Ave. N., Rm. 307 Great Falls, MT 59401 454-6894; 454-6946 fax

Law Clerk Valerie Kamps 415 2nd Ave. North Great Falls, MT 59401 454-6754; 454-6946 fax

Court Reporters Betty Robinson/Anne Perron 415 2nd Ave. N., Rm. 308 Great Falls, MT 59401 454-6895; 454-6946 fax

Judge, Department B Hon. Julie Macek 415 2nd Ave. N., Rm. 203 Great Falls, MT 59401 771-3950; 771-6549 fax Term Expires: 2012

Administrative Assistant Debra Rappe 415 2nd Ave. N., Rm. 203 Great Falls, MT 59401 771-3950; 771-6549 fax drappe@mt.gov

Law Clerk Jane McKinney 415 2nd Ave. N., Rm. 203 Great Falls, MT 59401 771-3912; 771-6549 fax jmckinney@mt.gov

Court Reporter Syd Huseby 415 2nd Ave. N. Great Falls, MT 59401 454-6758; 771-6549 fax

57 ©2011 Lawyers’ Deskbook & Directory


Judge, Department C Hon. Kenneth R. Neill 415 2nd. Ave. N., Rm. 300 Great Falls, MT 59401 454-6897; 454-6946 fax Term Expires: 2012

Administrative Assistant Lydia Low 415 2nd. Ave. N., Rm. 300 Great Falls, MT 59401 454-6897; 454-6946 fax

Law Clerk Margaret Griffith 415 2nd. Ave. N., Rm. 300 Great Falls, MT 59401 454-6753; 454-6946 fax

Court Reporter LaVonne Hagens 415 2nd. Ave. N., Rm. 300 Great Falls, MT 59401 454-6893; 454-6946 fax

Judge, Department D Hon. Dirk M. Sandefur 415 2nd Ave. N., Rm. 203 Great Falls, MT 59401 771-6566; 771-6549 fax Term Expires: 2014

Administrative Assistant Lisa M. Perkins 415 2nd Ave. N., Rm. 203 Great Falls, MT 59401 771-6566; 771-6549 fax lperkins@mt.gov

Law Clerk Mark Dunn 415 2nd Ave. N., Rm. 107 Great Falls, MT 59401 771-6504; 771-6549 fax mdunn@mt.gov

Court Reporter Sandra Francetich 415 2nd Ave. N. Great Falls, MT 59401 454-6755; 454-6946 fax

District Standing Master Brian Bulger 415 2nd Ave. N. Rm. 109 Great Falls, MT 59401 454-6705; 454-6706 fax

Clerk of District Court Ruth Reeves 415 - 2nd Avenue N. Great Falls, MT 59401 454-6780; 454-6907 fax rreeves@mt.gov

9TH JUDICIAL DISTRICT (Glacier, Pondera, Teton and Toole counties) Judge Judge Administrative Assistant Hon. Laurie McKinnon Hon. Laurie McKinnon Elda Nichols 101 Main Ave. S. 226 First Street S. 226 First Street S. P.O. Box 1414 P.O. Box 822 P.O. Box 822 Choteau, MT 59422 Shelby, MT 59474 Shelby, MT 59474 466-2277; 466-2877 fax 424-8362; 424-8361 fax 424-8360; 424-8361 fax Term Expires: 2012 enichols@mt.gov

Law Clerk Valentine Sworts 101 Main Avenue S. P.O. Box 1414 Choteau, MT 59422 466-2277; 466-2877 fax vsworts@mt.gov

Clerk of District Court Clerk of District Court Clerk of District Court (Glacier County) (Pondera County) (Teton County) Diane Anderson Kara Thompson Lisa J. Sinton 512 E. Main 20 - 4th Ave. SW 1 Main Avenue S. Cut Bank, MT 59427 Conrad, MT 59425-2340 P.O. Box 487 873-3619 271-4026; 271-4081 fax Choteau, MT 59422-0487 dianderson@mt.gov kathompson@mt.gov 466-2909; 466-2910 fax

Court Reporter Robert Gresczyk Pondera Co. Cths. 20 Fourth Ave. SW Conrad, MT 59425 271-3720; 271-4032 (home) (work)

Clerk of District Court (Toole County) Sandra Peers 226 - 1st St. South P.O. Box 850 Shelby, MT 59474-0850 424-8330; 424-8331 fax speers@mt.gov

10TH JUDICIAL DISTRICT (Fergus, Judith Basin and Petroleum counties) Judge Hon. E. Wayne Phillips 712 W. Main Street P.O. Box 1124 Lewistown, MT 59457 535-8028; 535-6076 fax wphillips@mt.gov Term Expires: 2012

Court Administrator Arlene Mari 712 W. Main Street P.O. Box 1124 Lewistown, MT 59457 535-8028; 535-6076 fax amari@mt.gov

Law Clerk Britt Long 712 W. Main Street P.O. Box 1124 Lewistown, MT 59457 535-8028; 535-6076 fax BLong3@mt.gov

Clerk of District Court (Fergus County) Phyllis D. Smith 712 W. Main P.O. Box 1074 Lewistown, MT 59457 535-8028; 535-6076 fax phsmith@mt.gov

Clerk of District Court (Judith Basin County) Julie Anderson Peevey 11 - 3rd St. North P.O. Box 307 Stanford, MT 59479 566-2277 x 113; 566-2211 fax jpeevey@mt.gov

Clerk of District Court (Petroleum County) Leslie Skinner 201 E. Main P.O. Box 226 Winnett, MT 59087-0226 429-5311; 429-6328 fax lskinner@mt.gov

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Court Reporter Deidre Dietrich 712 W. Main Street P.O. Box 1124 Lewistown, MT 59457 535-8028; 535-6076 fax DDietrich2@mt.gov


11TH JUDICIAL DISTRICT (Flathead County) Judge Hon. Katherine R. Curtis 920 South Main Kalispell, MT 59901 758-5906; 758-5857 fax Term Expires: 2012

Administrative Assistant Marcy Hall 920 South Main Kalispell, MT 59901 758-5669; 758-5857 fax

Law Clerk Jodie Johnson 920 South Main Kalispell, MT 59901 758-5662; 758-5857 fax

Court Reporter Victoria Walters 920 South Main Kalispell, MT 59901 758-5664; 758-5857 fax

Judge Hon. Ted O. Lympus 920 South Main Kalispell, MT 59901 758-5906; 758-5857 fax Term Expires: 2012 Judge Hon. Stewart E. Stadler 920 South Main Kalispell, MT 59901 758-5906; 758-5857 fax Term Expires: 2012

Administrative Assistant Kathy Froystad 920 South Main Kalispell, MT 59901 758-5667; 758-5857 fax

Law Clerk Therese Fox Hash 920 South Main Kalispell, MT 59901 758-5663; 758-5857 fax

Court Reporter Tom Sapp 920 South Main Kalispell, MT 59901 758-5666; 758-5857 fax

Court Administrator (all depts) Bonnie J. Olson 920 South Main Kalispell, MT 59901 758-5665; 758-5857 fax bolson@flathead.mt.gov

Law Clerk Ed Coffman 920 South Main Kalispell, MT 59901 758-5907; 758-5857 fax

Court Reporters Victoria Walters Tom Sapp (see above)

Judge Hon. David M. Ortley 920 South Main Kalispell, MT 59901 758-5906; 758-5857 fax Term Expires: 2016 Clerk of District Court Peg Allison 800 S. Main - mailing address 920 S. Main - physical location Kalispell, MT 59901-5400 758-5870 pallison@flathead.mt.gov 12TH JUDICIAL DISTRICT (Chouteau, Hill and Liberty counties) Judge Hon. Daniel A. Boucher 315 - 4th Street Havre, MT 59501 265-5481, ext. 231 265-1273 fax Term Expires: 2012

Court Administrator Vacant 315 - 4th Street Havre, MT 59501 265-5481, ext. 231 265-1273 fax

Law Clerk Vacant 315 - 4th Street Havre, MT 59501 265-5481, ext. 231 265-1273 fax

Clerk of District Court (Chouteau County) Rick Cook P.O. Box 459 Fort Benton, MT 59422 622-5024; 622-3028 fax rcook@mt.gov

Clerk of District Court (Hill County) Dena Tippets 315 -4th Street Havre, MT 59501 265-5481 x226; 265-3693 fax tippetsd@co.hill.mt.us

Clerk of District Court (Liberty County) Anne Seidlitz-Melton 111 - 1st Street E. P.O. Box 549 Chester, MT 59522-0549 759-5615; 759-5996 fax aseidlitzmelton@mt.gov

Court Reporter Stacy Baldwin 315 - 4th Street Havre, MT 59501 265-5481, ext. 231 265-1273 fax

13TH JUDICIAL DISTRICT (Yellowstone County) Judge, Department 1 Hon. Ingrid G. Gustafson 217 N. 27th Street, Rm. 507 P.O. Box 35029 Billings, MT 59107 256-2916; 256-2970 fax Term Expires: 2012

Judicial Assistant Bev Moore 217 N. 27th Street, Rm. 507 P.O. Box 35029 Billings, MT 59107 256-2916; 256-2970 fax

Law Clerk Craig Wahl 217 N. 27th Street, Rm. 507 P.O. Box 35029 Billings, MT 59107 256-2916; 256-2970 fax

Court Reporter Stephanie Michels 217 N. 27th Street, Rm. 507 P.O. Box 35029 Billings, MT 59107 256-2722; 256-2970 fax

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Judge, Department 2 Judicial Assistant Hon. Russell C. Fagg Terry Halpin 217 N. 27th Street, Rm. 508 217 N. 27th Street, Rm. 508 P.O. Box 35027 P.O. Box 35027 Billings, MT 59107 Billings, MT 59107 256-2906; 256-2970 fax 256-2906; 256-2970 fax Term Expires: 2012

Law Clerk David Randall 217 N. 27th Street, Rm. 508 P.O. Box 35027 Billings, MT 59107 256-2907; 256-2970 fax

Transcriptionist Terry Halrin 217 N. 27th Street, Rm. 508 P.O. Box 35027 Billings, MT 59107 256-2906; 256-2970 fax

Judge, Department 3 Hon. Susan P. Watters 217 N. 27th Street, Rm. 517 P.O. Box 35028 Billings, MT 59107 256-2911; 256-2970 fax Term Expires: 2012

Judicial Assistant Rebecca T. Schilling 217 N. 27th Street, Rm. 517 P.O. Box 35028 Billings, MT 59107 256-2911; 256-2970 fax

Law Clerk Ryan Browne 217 N. 27th Street, Rm. 517 P.O. Box 35028 Billings, MT 59107 256-2912; 256-2970 fax

Court Reporter Frank Orozco 217 N. 27th Street, Rm. 517 P.O. Box 35028 Billings, MT 59107 256-2952; 256-2970 fax

Judge, Department 4 Hon. Gregory R. Todd 217 N. 27th Street, Rm. 516 P.O. Box 35026 Billings, MT 59107 256-2901; 256-2970 fax Term Expires: 2014

Judicial Assistant Marris Harris 217 N. 27th Street, Rm. 516 P.O. Box 35026 Billings, MT 59107 256-2901; 256-2970 fax

Law Clerk Michael Doggett 217 N. 27th Street, Rm. 516 P.O. Box 35026 Billings, MT 59107 256-2902; 256-2970 fax

Court Reporter Rebecca Orozco 217 N. 27th Street, Rm. 516 P.O. Box 35026 Billings, MT 59107 256-2905; 256-2970 fax

Judge, Department 5 Judicial Assistant Law Clerk Hon. G. Todd Baugh Mardelle Considine Cory Harman 217 N. 27th Street, Rm. 601 217 N. 27th Street, Rm. 601 217 N. 27th Street, Rm. 601 P.O. Box 35042 P.O. Box 35042 P.O. Box 35042 Billings, MT 59107 Billings, MT 59107 Billings, MT 59107 256-2922; 256-2970 fax 256-2922; 256-2970 fax 256-2923; 256-2970 fax Term Expires: 2014

Court Reporters Sharon Gaughan & Kim Marchwick 217 N. 27th Street, Rm. 601 P.O. Box 35042 Billings, MT 59107 256-2915; 256-2970 fax

Judge, Department 6 Mary Jane McCalla Knisely 217 N. 27th Street Billings, MT 59101 Term Expires: 2016 Court Administrator (all departments) Becky Bird 217 N. 27th Street, Rm. 301 P.O. Box 35067 Billings, MT 59107 869-3501 beckybird@mt.gov

Clerk of District Court Carol Muessig 217 N. 27th Street P.O. Box 35030 Billings, MT 59107 256-2851; 256-2995 fax cmuessig@co.yellowstone.mt.gov

14TH JUDICIAL DISTRICT (Golden Valley, Meagher, Musselshell and Wheatland counties) Judge Hon. Randal I. Spaulding 506 Main Street Roundup, Mt 59072 323-1701; 323-1710 fax rspaulding@mt.gov Term Expires: 2012

Court Administrator Derinda Hazelton 506 Main Street Roundup, MT 59072 323-1701; 323-1710 fax dhazelton@mt.gov

Court Reporter John LaPierre 506 Main Street Roundup, MT 59072 323-1701; 323-1710 fax jlapierre@mt.gov

Clerk of District Court Clerk of District Court Clerk of District Court (Golden Valley County) (Meagher County) (Musselshell County) Mary Lu Berry Donna Morris Connie Mattfield P.O. Box 10 P.O. Box 443 506 Main Street Ryegate, MT 59074 White Sulphur Sprigs, MT 59645 Roundup, MT 59072 568-2231; 568-2428 fax 547-3612 x110; 547-3836 fax 323-1413; 323-1710 fax mberry@mt.gov domorris@mt.gov cmattfield@mt.gov

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Clerk of District Court (Wheatland County) Janet Hill 201 A Avenue NW P.O. Box 227 Harlowton, MT 59036-0227 632-4893 x315; 632-4873 fax jahill@mt.gov


15TH JUDICIAL DISTRICT (Daniels, Roosevelt and Sheridan counties) Judge Hon. David Cybulski 573 Shippe Canyon Rd. Plentywood, MT 59254 286-5615 Term Expires: 2012

Court Reporter Joann Heser 400 2nd Avenue S. Wolf Point, MT 59201 653-6272; 653-6207 fax

Clerk of District Court (Daniels County) Patricia McDonnell P.O. Box 67 Scobey, MT 59263-0067 487-2651; 487-5432 fax pmcdonnell@mt.gov

Clerk of District Court (Roosevelt County) Patricia A. Stennes 400 - 2nd Avenue S. Wolf Point, MT 59201 653-6266; 653-6203 fax pstennes@mt.gov

Clerk of District Court (Sheridan County) Teresa McCauley 100 W. Laurel Ave. Plentywood, MT 59254 765-3404; 765-2602 fax tmccauley@mt.gov

16TH JUDICIAL DISTRICT (Carter, Custer, Fallon, Garfield, Powder River, Rosebud and Treasure counties) Judge, Department 1 Paralegal Court Reporter Hon. Gary L. Day Sharlys Davis Darcy Boggs 1010 Main Street 1010 Main Street 1010 Main Street Miles City, MT 59301 Miles City, MT 59301 Miles City, MT 59301 874-3335; 874-3442 fax 874-3339; 874-3442 fax 874-3330; 874-3442 fax gday@mt.gov sharlysd@mt.gov dboggs@mt.gov Term Expires: 2012 Judge, Department 2 Hon. Joe L. Hegel 1010 Main Street Miles City, MT 59301 874-3336; 874-3311 fax jhegel@mt.gov Term Expires: 2012

Paralegal Cheri Butts 1010 Main Street Miles City, MT 59301 874-3324 874-3311 fax cbutts@mt.gov

Court Reporter Charlene Berdahl P.O. Box 1190 Forsyth, MT 59327 346-7310; 346-2457 fax charberdahl@rangeweb.net or cberdahl@mt.gov

Clerk of District Court (Carter County) Marilyn Hutchinson 214 Park Street P.O. Box 322 Ekalaka, MT 59324-0322 775-8714; 775-8703 fax mhutchinson@mt.gov

Clerk of District Court (Custer County) Hazel Parker 1010 Main Street Miles City, MT 59301-3419 874-3326; 874-3451 fax hparker@mt.gov

Clerk of District Court (Fallon County) Jeraldine A. Newell 10 West Fallon Avenue P.O. Box 1521 Baker, MT 59313-1521 778-8114; 778-2815 fax jnewell@mt.gov

Clerk of District Court (Powder River County) Aletta Shannon Courthouse Square P.O. Box 200 Broadus, MT 59317-0200 436-2320; 436-2325 fax ashannon@mt.gov

Clerk of District Court (Rosebud County) Elizabeth Ball-Mavity 1200 Main P.O. Box 48 Forsyth, MT 59327 346-7322; 346-7551 fax lball-mavity@mt.gov

Clerk of District Court (Treasure County) Ruth Baker 307 Rapelje P.O. Box 392 Hysham, MT 59038-0392 342-5547; 342-5445 fax rbaker@mt.gov

Clerk of District Court (Garfield County) Jennifer Crawford P.O. Box 8 Jordan, MT 59337-0008 557-6254; 557-2625 fax gctreas1@midrivers.com

17TH JUDICIAL DISTRICT (Blaine, Phillips and Valley counties) Judge Hon. John C. McKeon 304 3rd Avenue West P.O. Box 470 Malta, MT 59538 654-1062; 654-2363 fax kking@mt.gov Term Expires: 2012

Court Administrator Kathy King 304 3rd Avenue West P.O. Box 470 Malta, MT 59538 654-1062; 654-2363 fax kking@mt.gov

Law Clerk Kirsten Madsen 304 3rd Avenue W. P.O. Box 470 Malta, MT 59538 654-1062; 654-2363 fax kmadsen@mt.gov

Court Reporter Kelley Barstad 719 6th Avenue N. Glasgow, MT 59230 228-9061 kbarstad@mt.gov

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Clerk of District Court (Blaine County) Kay O’Brien Johnson P.O. Box 969 Chinook, MT 59523-0969 357-3230; 357-2199 fax kayjohnson@mt.gov

Clerk of District Court (Phillips County) Iris Robinson 304 S. 2nd Avenue W. P.O. Box 530 Malta, MT 59538-0530 654-1023; 654-1023 fax irobinson@mt.gov

Clerk of District Court (Valley County) Shelley Bryan 501 Court Square #6 Glasgow, MT 59230 228-6268; 228-6212 fax sbryan@mt.gov

18TH JUDICIAL DISTRICT (Gallatin County) Judge, Department 1 Hon. Holly Brown Law & Justice Center 615 S. 16th Ave., Rm. 305 Bozeman, MT 59715 582-2160; 585-9852 fax ddawson@mt.gov Term Expires: 2012 Judge, Department 2 Hon. Mike Salvagni Law & Justice Center 615 S. 16th Ave., Rm. 207 Bozeman, MT 59715 582-2140; 582-2470 fax msalvagni@mt.gov Term Expires: 2014

Judicial Assistant Dineen Dawson Law & Justice Center 615 S. 16th Ave., Rm. 305 Bozeman, MT 59715 582-2160; 585-9852 fax ddawson@mt.gov

Law Clerk Marcy Frissell Law & Justice Center 615 S. 16th Ave., Rm. 305 Bozeman, MT 59715 582-2162; 585-9852 fax mfrissell@mt.gov

Court Reporter Kristin Coil Law & Justice Center 615 S. 16th Ave., Rm. 305 Bozeman, MT 59715 582-2161; 585-9852 fax kcoil@mt.gov

Judicial Assistant Linda Carlson Law & Justice Center 615 S. 16th Ave., Rm. 207 Bozeman, MT 59715 582-2140; 582-2470 fax lcarlson2@mt.gov

Law Clerk Matthew Hibbs Law & Justice Center 615 S. 16th Ave., Rm. 207 Bozeman, MT 59715 582-2142; 582-2470 fax mhibbs@mt.gov

Electronic Court Reporter Tami McNulty Law & Justice Center 615 S. 16th Ave., Rm. 207 Bozeman, MT 59715 582-2141; 582-2470 fax tmcnulty@mt.gov

Judge, Department 3 Hon. John C. Brown Law & Justice Center 615 S. 16th Ave., Rm. 202 Bozeman, MT 59715 582-2150; 582-2151 fax Term Expires: 2012

Judicial Assistant Debbie Steckmyer Law & Justice Center 615 S. 16th Ave., Rm. 202 Bozeman, MT 59715 582-2150; 582-2151 fax dsteckmyer@mt.gov

Law Clerk Katherine Baker DeLong Law & Justice Center 615 S. 16th Ave., Rm. 202 Bozeman, MT 59715 582-2152; 582-2151 fax kdelong@mt.gov

Electronic Court Reporter Sandra K. Murphy Law & Justice Center 615 S. 16th Ave., Rm. 202 Bozeman, MT 59715 582-2154; 582-2151 fax smurphy2@mt.gov

Court Administrator (all departments) Jan Bjork Law & Justice Center 615 S. 16th Ave., Rm. 312 Bozeman, MT 59715 582-2091; 585-9852 fax jbjork@mt.gov

Clerk of District Court Jennifer Brandon Law & Justice Center 615 S. 16 Ave., Rm. 302 Bozeman, MT 59715-4107 582-2165; 582-2176 fax jbrandon@mt.gov

Standing Master Magdalena C. Bowen Law & Justice Center 615 S. 16th Ave., Rm. 200 Bozeman, MT 59715 582-2156; 582-2151 fax

19TH JUDICIAL DISTRICT (Lincoln County) Judge Hon. James B. Wheelis 512 California Libby, MT 59923 293-8120; 293-9816 fax jwheelis@mt.gov Term Expires: 2016 Clerk of District Court Susan Farmer 512 California Avenue Libby, MT 59923 293-7781; 293-9816 fax sfarmer@mt.gov

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Court Administrator/Court Reporter Law Clerk Debra Kambel Barbara Benson 512 California 512 California Libby, MT 59923 Libby, MT 59923 293-8120; 293-9816 fax 293-7781 X269; 293-9816 fax dkambel@mt.gov bbenson@mt.gov


20TH JUDICIAL DISTRICT (Lake and Sanders counties) Judge, Department 1 Hon. C.B. McNeil 106 Fourth Avenue East Polson, MT 59860 883-7250; 883-7297 fax Term Expires: 2012

Judicial Assistant Miracle Hemmingsen 106 Fourth Avenue East Polson, MT 59860 883-7250; 883-7297 fax

Court Reporter Barbara Marshall P.O. Box 568 Polson, MT 59860-0568 883-5237; 883-7252 fax

Judge, Department 2 Hon. Deborah Kim Christopher 106 Fourth Avenue East Polson, MT 59860 883-7360; 883-7297 fax Term Expires: 2012

Judicial Assistant LeeAnn Erickson 106 Fourth Avenue East Polson, MT 59860 883-7360; 883-7297 fax LErickson3@mt.gov

Court Reporter Connie Costanza 106 Fourth Avenue East Polson, MT 59860 883-7360; 883-7297 fax

Law Clerk, Department 2 James Lapotka 106 4th Avenue E. Polson, MT 59860 883-7364; 883-7297 fax jlapotka@mt.gov

Clerk of District Court (Lake County) Lyn Fricker 106 - 4th Avenue E. Polson, MT 59860-2125 883-7255; 883-8582 fax lfricker@mt.gov

Clerk of District Court (Sanders County) Dianne F. Rummel P.O. Box 519 Thompson Falls, MT 59873 827-6962; 827-6973 fax dirummel@mt.gov

21ST JUDICIAL DISTRICT (Ravalli County) Judge, Department 1 Hon. Jeffrey H. Langton 205 Bedford Street, Ste. A Hamilton, MT 59840-2853 375-6784; 375-6785 fax jlangton@mt.gov Term Expires: 2016

Court Administrator Keri Muir 205 Bedford Street, Ste. A Hamilton, MT 59840-2853 375-6784; 375-6785 fax kmuir@mt.gov

Court Reporter Tammy Stuckey 205 Bedford Street, Ste. A Hamilton, MT 59840-2853 375-6783; 375-6785 fax tstuckey@mt.gov

Judge, Department 2 Hon. James A. Haynes 205 Bedford Street, Ste. B Hamilton, MT 59840-2853 375-6790; 375-6785 fax jhaynes@mt.gov Term Expires: 2014

Court Administrator Becky Knutson 205 Bedford Street, Ste. B Hamilton, MT 59840-2853 375-6790; 375-6785 fax beknutson@mt.gov

Court Reporter Glenda Travitz 205 Bedford Street, Ste. B Hamilton, MT 59840-2853 375-6791; 375-6785 fax gtravitz@mt.gov

Administrative Assistant, Depts. 1 & 2 Velvet Rominger 205 Bedford Street, Ste. A Hamilton, MT 59840-2853 375-6781; 375-6785 fax vrominger@mt.gov

Staff Attorney Jan Guffin 205 Bedford Street, Ste. A Hamilton, MT 59840-2853 375-6782; 375-6785 fax jguffin@mt.gov

Clerk of District Court Debbie Harmon 205 Bedford Street, Suite D Hamilton, MT 59840-2835 375-6710; 375-6721 fax dharmon@ravallicounty.mt.gov

22ND JUDICIAL DISTRICT (Big Horn, Carbon and Stillwater counties) Judge, Department 1 Hon. Blair Jones 809A East 4th Avenue P.O. Box 1268 Columbus, MT 59019 322-5406; 322-8429 fax bljones@mt.gov Term Expires: 2012

Court Administrator Kathryn Stanley 809A East 4th Avenue P.O. Box 1268 Columbus, MT 59019 322-5406; 322-8429 fax kstanley@mt.gov

Law Clerk Michael DeWitt 809A East 4th Avenue P.O. Box 1268 Columbus, MT 59019 322-5406; 322-8429 fax mdewitt@mt.gov

Clerk of District Court (Big Horn County) Karen Jean Yarlott 121 W. 3rd St. Box 908 Hardin, MT 59034 665-9750; 665-9755 fax kyarlott@co.bighorn.mt.us

Clerk of District Court (Carbon County) Rochelle Loyning 102 N. Broadway P.O. Box 948 Red Lodge, MT 59068-0948 446-1225; 446-0103 fax rloyning@mt.gov

Clerk of District Court (Stillwater County) Sandra Fox 400 3rd Avenue N. P.O. Box 367 Columbus, MT 59019-0367 322-8030; 322-8048 fax sfox3@mt.gov

Court Reporter Stacy Fortune 809A East 4th Avenue P.O. Box 1268 Columbus, MT 59019 322-5406; 322-8429 fax

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~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~

MONTANA DISTRICT COURT RULES Montana Local District Court Rules

(Please check with your local District Court Clerk (pages 170-179) for most current effective dates.)

1st Judicial District Court (Broadwater and Lewis and Clark Counties)...................................70 2nd Judicial District Court (Butte-Silver Bow County)..............................................................72 4th Judicial District Court (Mineral and Missoula Counties).....................................................78 5th Judicial District Court (Beaverhead, Jefferson and Madison Counties).............................85 6th Judicial District Court (Park and Sweet Grass Counties)...................................................87 7th Judicial District Court (Dawson, McCone, Prairie, Richland and Wibaux Counties)..........94 8th Judicial District Court (Cascade County)..........................................................................100 9th Judicial District Court (Glacier, Pondera, Teton and Toole Counties)...............................104 10th Judicial District Court (Fergus, Judith Basin and Petroleum Counties)..........................108 11th Judicial District Court (Flathead County)........................................................................112 12th Judicial District Court (Chouteau, Hill and Liberty Counties)..........................................116 13th Judicial District Court (Yellowstone County) ..................................................................120 14th Judicial District Court (Golden Valley, Meagher, Musselshell and Wheatland Counties).124 16th Judicial District Court (Carter, Custer, Fallon, Garfield, Powder River, Rosebud and Treasure Counties).................................................................................................................128 17th Judicial District Court (Blaine, Phillips and Valley Counties)..........................................133 18th Judicial District Court (Gallatin County)`........................................................................ 138 19th Judicial District Court (Lincoln County)...........................................................................141 20th Judicial District Court (Lake and Sanders Counties)......................................................147 21st Judicial District Court (Ravalli County)...........................................................................148 22nd Judicial District Court (Big Horn, Carbon and Stillwater Counties)................................159 Montana Local District Courts with No Supplementary Local Rules 3rd Judicial District Court (Deer Lodge, Granite and Powell Counties) 15th Judicial District Court (Daniels, Roosevelt and Sheridan Counties)

Montana Uniform District Court Rules Rule 1 - Form of Papers Presented for Filing (a) Papers Defined. The word "papers" as used in this Rule includes all documents and copies except exhibits and records on appeal from lower courts. (b) Pagination, Printing, Etc. All papers shall be: (1) Typewritten, printed or equivalent; (2) Clear and permanent; (3) Equally legible to printing; (4) Of type not smaller than pica; (5) Only on standard quality opaque, unglazed, acid-free recycled paper, and be a minimum of 25% cotton fiber content, minimum 50% recycled content, of which 10% shall be post-consumer waste, 81/2" x 11" in size. (6) Printed one side only; except copies of briefs may be printed on both sides. The original brief shall be printed on one side. (7) Lines unnumbered or numbered consecutively from the top; (8) Spaced one and one-half or double; (9) Page numbered consecutively at the bottom; and (10) Bound firmly at the top. Matters such as property descriptions or direct quotes may be single spaced. Extraneous documents not in the above format and not readily conformable may be filed in their original form and length. (c) Format. The first page of all papers shall conform to the following: (1) Commencing at Line 1 at the left margin, single spaced, shall be the name of the attorney or party responsible for the pleadings, together with the telephone number and the complete mailing address for service of papers. (2) Lines 1 through 7 of the right one-half of the page shall be left

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blank for the use of the Clerk. (3) On or below Line 8, the title of the Court. (4) Commencing at Line 9 or below on the left, the title of the case. (5) On the right and opposite the title of the case, the case number and identification of the document being filed. (6) Nonconforming papers may not be filed without leave of the Court. (d) Changes, Conformance of Copies. Additions, deletions or interlineations shall be initialed by the Clerk or Judge at the time of filing. All copies served shall conform to the original as filed. COMMENT: A form which complies with this Rule is shown in Form "A" on a following page.

Rule 2 - Motions (a) Upon filing a motion or within five days thereafter, the moving party shall file a Brief. The Brief may be accompanied by appropriate supporting documents. Within ten days thereafter the adverse party shall file an answer brief which also may be accompanied by appropriate supporting documents. Within ten days thereafter movant may file a reply brief or other appropriate responsive documents. (b) Failure to File Briefs. Failure to file Briefs may subject the motion to summary ruling. Failure to file a Brief within five days by the moving party shall be deemed an admission that the motion is without merit. Failure to file an answer brief by the adverse party within ten days shall be deemed an admission that the motion is well taken. Reply briefs by movant are optional, and failure to file will not subject a motion to summary ruling. (c) Oral Argument. The court may order oral argument sua sponte or upon application of a party. (d) When Motion Deemed Submitted. Unless oral argument is ordered, or unless the time is enlarged by the court, the motion is deemed


Rule 3 - Ex Parte Matters (a) Extensions of time to further plead, file briefs, continue a hearing on a motion and other permissible ex parte matters, may be granted by order of the court upon written application. (b) Prior to the issuance of an ex parte order, the attorney seeking such order must file a written certification with the court declaring that opposing counsel has been contacted and given reasonable notice of: (1) the time and place of the ex parte conference or meeting; (2) the substance of the order sought; (3) whether counsel opposes the motion. (c) All requests for extension of time or continuance or other ex parte matters shall be accompanied by an appropriate form or order, with sufficient copies for the Clerk to mail to adverse parties. (d) Except as otherwise provided by these rules or statute, no document, including briefs, proposed orders and proposed judgments, may be presented to the court at any time unless it is first filed with the court and served on all opposing counsel.

Rule 4 - Filing of Discovery

(a) Depositions upon oral or written examinations, interrogatories and answers thereto, requests for production of documents and responses thereto, requests for admissions and responses thereto, shall not be routinely filed. When any motion is filed making reference to discovery, the party filing the motion shall submit with the motion relevant unfiled documents. (b) The pretrial order shall identify all those portions of depositions, interrogatories, requests for admissions and answers and responses thereto that the parties intend to introduce into evidence. COMMENT: Although not specifically prohibited by this rule, in line with not filing discovery it is also not necessary to file a notice of taking of deposition, notice of serving discovery, notice of serving responses to discovery, or any other discovery-related notice. Rule 5 - Pre-Trial Order and Pre-Trial Conference (a) PRE-TRIAL. Unless otherwise ordered by the court, a pre-trial conference shall be held in all contested civil cases. (b) Not later than five days prior to the pre-trial conference, Plaintiff's counsel shall convene a conference of all counsel for the purpose of preparing a pre-trial order. The proposed pre-trial order shall be presented for signature at the pre-trial conference. In the event of a dispute as to the contents of the order, such dispute shall be presented to the Judge for resolution at the pre-trial conference. (c) PRE-TRIAL ORDER. The pre-trial order shall be substantially in the following form: (See next page.)

Rule 6 - Briefs All briefs presented to the court at any time will be filed with the court and must forthwith be served on all opposing counsel. COMMENT: After long debate, it is the opinion of the Commission that all briefs must be served upon opposing counsel. "The day is gone when the prototype old fashioned attorney produced the hidden witness at trial or the uncited but decisive case and left the opposing attorney lying bloody on the courtroom floor. Justice is achieved, under the spirit of our modern rules, by full and open disclosure of law and fact." Hill v. Squibb & Sons, E.R., 592 P.2d 1383, 1391,(Mont. 1979). Indeed, Rule 19 of the Thirteenth Judicial District, upheld in Hill, has now been modified to require service of all briefs on opposing counsel.

Rule 7 - Jury Instructions and Verdict Forms (a) Submission. All proposed jury instructions and verdict forms must be delivered to the court in duplicate and a copy served upon all opposing parties at the time fixed in the pre-trial order. Thereafter additional instructions may be allowed to prevent manifest injustice. (b) Citation of authorities. Each proposed instruction shall contain at the bottom the source thereof and a citation of authorities, if any, supporting the statement of law therein.

(c) Form. Each instruction shall be on 8 1/2" x 11" paper and shall, after the citation of authorities, indicate the party on whose behalf it is requested and be numbered consecutively. One copy of the instructions filed with the court shall not be firmly bound together. (d) Request for special findings by jury. Whenever a party desires special findings by a jury he shall file with the court and serve a copy upon all opposing parties, in writing, the issues or questions of fact upon which such findings are requested, in proper form for submission to the jury. Rule 8 - Findings and Conclusions In all matters where the court must enter findings of fact and conclusions of law pursuant to Rule 52, Mont.R.Civ.P., all parties shall file with the court, and serve upon opposing counsel, at least five days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law. Failure to file proposed findings of fact and conclusions of law in a timely manner shall be cause for appropriate sanction including removal of the case from the trial calendar, dismissal or granting of a judgment, precluding the offending party from presentation of evidence or objecting to evidence submitted by the other party, or such other action as the court deems appropriate. Post-trial amended and supplemental findings of fact and conclusions of law may be submitted in appropriate circumstances and only upon order of the court.

Rule 9 - Juror Questionnaire All jurors are requested to complete a questionnaire, the form of which is on file with the Clerk in his General Order File and which contains basic vital statistics and other pertinent information. The completed forms will only be available to the parties, the attorneys for the parties, judges and court employees. Others requesting the completed forms must file a Request for Privacy Information with the Court. The jury questionnaire will be destroyed by the clerk's office within a reasonable length of time after the conclusion of the jury term. The questionnaire shall be in the form shown in Form "B".

Rule 10 - Death or Removal of Attorney (a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws or ceases to act as such, said attorney must inform the court and all other parties of the full name and address of his client and any other information which the court may find appropriate to assist in contacting said party. (b) When the attorney representing a party to an action or proceeding dies, is removed, withdraws, or ceases to act as such, that party, before any further proceedings are had against him must be given notice by any adverse party: (1) That such party must appoint another attorney or appear in person, and (2) The date of the trial or of the next hearing or action required in the case, and (3) That if he fails to appoint an attorney or appear in person by a date certain, which may not be less than twenty days from the date of the notice, the action or other proceeding will proceed and may result in a judgment or other order being entered against him, by default or otherwise. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty days of the service or mailing of said notice, the action may proceed to judgment. However, copies of all papers and documents required to be served by these rules and the Rules of Civil Procedure shall be mailed to said party at his last known address. (e) In addition to the foregoing requirements of Rule 10 and before any change or substitution of attorney is effective, whether such change or substitution is occasioned by the death of the attorney or by his removal, withdrawal, ceasing to act, suspension or disbarment, the requirements of sections 37-61-403, 37-61-404 and 37-61-405, MCA, shall have been fully satisfied.

Rule 11 - Judgments and Decrees Whenever a judgment or decree is signed by the presiding judge it shall be delivered to the Clerk and immediately filed in the records of the court and the fee required by law shall be forthwith paid to the Clerk. Failure of counsel to observe this Rule shall be deemed a contempt of court.

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submitted at the expiration of any of the applicable time limits set forth above without supporting briefs having been filed. If oral argument is ordered the motion will be deemed submitted at the close of argument unless the court orders additional briefs in which case the motion will be deemed submitted as of the date designated as the time for filing the final Brief. (e) In the event of conflict, the Montana Rules of Civil Procedure shall control. Time computation shall be governed by Rule 6, M.R.Civ.P.

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(TITLE OF COURT AND CAUSE) Pursuant to Rule 16 of the Montana Rules of Civil Procedure, a pre-trial conference was held in the above-entitled cause on the _______ day of ______________________, 20___, at _______ o'clock __.m. _______________________________ represented the plaintiff(s). _______________________________ represented the defendant(s). _______________________________ (other appearances) were also present.

The following facts are admitted, agreed to be true, and require no proof: (Here enumerate all agreed facts, including facts admitted in the pleadings.)

AGREED FACTS

PLAINTIFF'S CONTENTIONS

Plaintiff's contentions are as follows: 1. 2.

DEFENDANT'S CONTENTIONS

1. 2.

EXHIBITS

Attached to the Pre-Trial Order are exhibit lists identifying by number and brief description each exhibit and stating any objections to the exhibits. Any exhibit offered at the trial to which no objection was made in the Pre-Trial Order will be admitted into evidence.

WITNESSES

The following witnesses and no others will (may) be called to testify except on rebuttal: Plaintiff 1. 2. Defendant 1. 2.

ISSUES OF FACT

The following issues of fact, and no others, remain to be litigated upon the trial. (Here specify each issue.) 1. 2.

ISSUES OF LAW

The following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each.) 1. 2.

DISCOVERY

The Final Pre-Trial Order shall refer to all those portions of depositions upon oral examination and interrogatories, requests for admissions, and answers and responses that the parties intend to introduce into evidence. Any objections to the use of the above documents shall be stated, and if not stated, shall be deemed waived. (Because this Rule relates to filing and is designed to con solidate in one place all of the fruits of discovery, and because there can be no surprise element involved, the Court shall be liberal in permitting the amendment of the Pre-Trial Order to include any material not originally listed.)

ADDITIONAL PRE-TRIAL DISCOVERY

(Here specify any additional discovery contempleted by either party and the time within which such discovery will be completed.)

(Here include any stipulations in addition to the agreed facts set forth above.)

STIPULATIONS

DETERMINATION OF LEGAL QUESTIONS IN ADVANCE OF TRIAL

It was agreed that the following legal issues should be determined by the Court in advance of the trial. (Here specify issues and make provision for filing briefs with respect to such issues.)

Additional issues to be determined and/or addressed include: Order of proof where there is a counterclaim: Attorney's fees testimony and/or proof; Time of filing and service of trial briefs, and other issues.

ADDITIONAL ISSUES

JURY SELECTION & PROCESS 

Order and method of selection, stipulation that jury will be selected or drawn, numbering of panel, number of challenges, time to file instructions, length of time on voir dire.

TRIAL

It is estimated that the case will require hours/days for trial. The case will be tried before the Court with (without) a jury. IT IS HEREBY ORDERED that this pre-trial Order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice. IT IS HEREBY ORDERED that all pleadings herein shall be amended to conform to this pre-trial Order. DATED this _ ________________________________day of ______________________________________ , 20_ _______. Approved as to form and content.

District Judge

_______________________________________________________________________ Attorney for Plaintiff _______________________________________________________________________ Attorney for Defendant COMMENT: The pre-trial order is intended to supersede the pleadings and to state the issues to be tried. It is not intended that parties be held to or examined concerning claims and other matters contained in prior pleadings. This is contrary to the holding in Easterday v. Canty, 712 P.2d 1305 (Mont. 1986), which case would, in part, be overruled by adoption of this Rule.

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Rule 12 - Exhibits

Rule 13 - Regulation of Attorneys not Admitted to Practice in Montana

An attorney seeking to be admitted to practice before this Court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest Courts of another State, must at the time of his/her first appearance in a District Court in Montana, or within ten days thereafter, and before any further proceedings are had in the matter, join with, or record, an attorney who is admitted to practice in Montana and who is a resident of Montana. In order to help secure the just, speedy and inexpensive determination of every action, such local counsel must be furnished with all factual, evidentiary and legal information necessary to act on behalf of the party and must also be vested with full and complete authority to act on behalf of and bind the party in all matters connected with the litigation. A failure of local counsel to take any action required by the Rules of Civil Procedure or these Rules by lack of authority shall, for the purpose of imposing sanctions, be treated as a refusal to act.

Rule 14 - Chief District Judge

(a) In a multijudge district court of Montana, a chief district judge shall be selected at the beginning of each calendar year, and the position shall rotate among the judges of the district annually, unless the judges of the district agree otherwise. The rotation shall commence with the most senior district judge. (b) The duties of the chief district judge shall be to provide for efficient management of district court business, in cooperation with the other judges of the district.

Rule 15 - Local Rules Allowed Nothing in these Rules shall be construed as limiting the power of the District Courts from promulgating rules that do not conflict with these Rules.

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(a) Every exhibit placed on file or offered in evidence shall be held in the custody of the Clerk. Unless there be good reason why the original of an exhibit should be retained, upon application, the Court may order a copy filed in its place. Public records offered in evidence may be withdrawn at the conclusion of the hearing on order of the Court. (b) Exhibits may be withdrawn by the party offering them thirty days after a judgment has become final. Forty-five days after a judgment has become final the Clerk may apply to the Court for an order to dispose of exhibits, and shall notify counsel of record of said application. Twenty days after mailing of said notice the Court may enter its order authorizing the Clerk to dispose of exhibits.

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FORM "A" MONTANA UNIFORM DISTRICT COURT RULES

1 2 3 4 5 6

JOHN LAW Law, Smith & Jones Attorneys at Law P.O. Box 1111 Radersburg, MT Telephone: (406) 020-3457 Attorneys for Plaintiff MONTANA __________________ JUDICIAL DISTRICT COURT, _______________ COUNTY,

7 8

__________________________

9

10

11

12

__________________________

13

Plaintiff,

-vs-

14 15 16 17 18 19 20 21 22 23 24 25

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Defendant.

Cause No. __________________ COMPLAINT


PLEASE FILL OUT AND RETURN THE FOLLOWING WITHIN SEVEN (7) DAYS TO THE CLERK OF THE DISTRICT COURT, BOX , MONTANA QUESTIONNAIRE AS TO QUALIFICATION FOR JURY SERVICE (PLEASE PRINT OR TYPE) 1. Name_ ____________________________________________________________________________________________________ 2. Address__________________________________

City___________________________

Zip Code_ ______________________

3. If you live outside of the city limits, please state the round trip mileage from your home to the city limits_________________________ 4. Telephone: Home_________________________

Office_ ________________________

5. How long have you resided there?_____________

Years in State?__________________

6. Married__________________

Single_________________

7. Do you have children?_ _____________________

Age___________________

Ages__________________________

Sex_ __________

Sex___________________________

8. What education have you had?_ ________________________________________________________________________________ 9. Are you employed at present?________________

Occupation______________________________________________________

10. Employer's name_ _________________________

Address_ _______________________________________________________

11. a. If you are married, name of spouse.___________________________________________________________________________ b. If married, occupation of spouse._ ____________________________________________________________________________ c. If retired, or not working, give last occupation._ __________________________________________________________________ d. If married, give spouse's employer.____________________________________________________________________________ e. Do you own or are you buying your own home?__________________________________________________________________ 12. Have you ever served as a juror?______________

If so, in what court?_ ______________________________________________

13. Have you or any member of your immediate family ever been injured in an accident?______

If so, what type?_________________

__________________________________________________________________________________________________________ 14. Are you, or any member of your immediate family involved in law enforcement in any official capacity?_________________________ If so, briefly explain._ _________________________________________________________________________________________ 15. Have you or any member of your immediate family ever been a plaintiff or defendant in a lawsuit?_____________________________ What type of suit?____________________________________________________________________________________________ 16. Are you or your spouse related to any attorney?___________________________________

If so, his or her name and address.

__________________________________________________________________________________________________________ 17. Are you or your spouse presently being represented by an attorney?___________________

If so, his or her name and address.

__________________________________________________________________________________________________________ 18. Do you have any disability which you feel would make it difficult to serve on a jury?_ ______

If so, briefly explain._______________

__________________________________________________________________________________________________________ 19. In order to serve as a trial juror, you must be a registered elector whose name appears on the most recent list of all registered electors as prepared by the county registrar, and not convicted of malfeasance in office or any felony or other high crime. 20. Do you feel you should be excused from serving as a juror?__________ If you answer "yes", complete the enclosed affidavit and have your signature notarized and return within seven (7) days to the Clerk of the District Court. DATE_ _____________________________

I certify that the foregoing statements are true to the best of my knowledge and belief. SIGNATURE_____________________________________________________

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FORM "B" MONTANA UNIFORM DISTRICT COURT RULES

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

The First Judicial District is comprised of Lewis and Clark County and Broadwater County. Except where otherwise indicated, these rules apply to all cases filed in either county.

Dependent/Neglect = DN-2011-04 District Juvenile = DJ-2011-12 District Family (Paternity) = DF-2011-05 District Mental Health = DI-2011-13 District Process Server = DS-2011-06 District Develop. Disabled Commitment = DD-2010-14 Marriage License = DL-2011-07 Investigative Subpoena = IS-2011-15 Search Warrants = SW-2011-08 Special Book (miscellaneous orders, jury lists, etc.) = SB-2011 16

These rules supplement the Montana Rules of Civil Procedure and the Montana Uniform District Court Rules. All prior rules issued by the First Judicial District Court are rescinded and these rules substituted therefore.

If an out-of-town judge assumes a case, the case remains assigned to the original department but the case number will be preceded by an "X" (i.e., XBDV-2012-116).

FIRST JUDICIAL DISTRICT COURT RULES LEWIS & CLARK AND BROADWATER COUNTIES

Rule 1 - Application of Rules

Rule 2 - Departments of the District Court A. Lewis and Clark County: In Lewis and Clark County, the Court is divided into four departments: Department No. 1: Honorable Dorothy McCarter presiding. Criminal law and motion: Wednesdays at 9:00 a.m. Uncontested probate and other civil matters: Thursdays at 1:30 p.m. Department No. 2: Honorable Jeffrey M. Sherlock presiding. Criminal law and motion: Thursdays at 8:30 a.m. Department No. 3: Honorable Kathy Seeley presiding. Criminal law and motion: Thursdays at 1:30 p.m. Youth court law and motion: Wednesdays at 3:00 p.m. (1:30 p.m. during summer months). Department No. 4: Honorable James P. Reynolds presiding. Criminal law and motion: Thursdays at 10:30 a.m. B. Broadwater County: Broadwater County – Honorable James P. Reynolds presiding.

Rule 3 - Chief Judge The position of Chief Judge is assumed for a calendar year in rotating order as follows: Department No. 1 - 2013; Department No. 2 - 2012; and Department No. 3 - 2011; Department No. 4 - 2014.

Rule 4 - Assignment/Designation of Cases A. Assignment of Cases In Lewis and Clark County, all probate cases are assigned to Judge McCarter, and all youth court cases are assigned Judge Seeley. Guardianship cases are assigned to Judge Sherlock for even-numbered cause numbers and to Judge Reynolds for odd-numbered cause numbers. All other cases are assigned at random. In Broadwater County, Judge Reynolds will hear all matters scheduled.

Rule 5 - Pleadings/Briefs A. Length Pleadings/briefs, except initial pleadings, in all cases shall be limited to 20 pages, not including attachments. Additional pages may be filed only with leave of the court and with good cause showing. B. Form of Briefs: Please refer to the Uniform District Court Rules, Rule 1, except that the font size shall be no smaller than 12 point. C. Citations The First Judicial District Court follows the uniform system of citation in the most current edition of the BLUE BOOK, A UNIFORM SYSTEM OF CITATION, for citing case law. For citations to Montana Supreme Court cases issued after 1998. See Matter of Opinion Forms and Citation Standards (Dec. 16, 1997) 54 St. Rep. 1357; amended by Matter of Amending Citation Standards for MT Supreme Court, Rule AF 07 0064 (Jan 22, 2009); amended by Matter of Opinion Forms and Citation Standards of the Supreme Court of Montana (Feb. 25, 2010). D. Motions All motions, except for motions for summary judgment, shall include a proposed order with copies and addressed envelopes for all counsel of record. E. Motions and Briefs to be Filed Separately All motions and briefs are to be filed as separate documents, and each document shall be clearly labeled in the caption. Failure to file briefs and motions separately will result in the return of the unfiled documents. F. Motions to Continue Motions to continue must be in writing. G. Motions to Extend Scheduling Orders Motions to extend deadlines in scheduling orders must include a statement of when trial is scheduled.

B. Designation of Cases All cases are designated by numbers and letters as follows:

H. Filing Deadlines Filing and scheduling order deadlines will be strictly adhered to unless a written motion for an extension has been received and approved by the Court.

Lewis and Clark County cases assigned to: Judge McCarter’s are designated by first letter A; Judge Sherlock’s are designated by first letter B; Judge Seeley’s are designated by first letter C; and Judge Reynolds’ are designated by first letter D. Broadwater County cases will not be assigned this initial letter.

I. Copies of Court Documents When a Montana attorney is associating with an out-of-state attorney who is appearing pro hac vice on a Montana case, orders/notices from the District Court will be mailed to in-state counsel only, with few exceptions.

The second and third letters (first and second letters in Broadwater County) indicate the general nature of the case, followed by four digits indicating the year in which the case was filed, followed by a number assigned in chronological order to causes filed in that category in that year. For example: District Criminal = DC-2011-11 District Domestic Relations = DR 2011-09 District Civil = DV-2011-01 District Guardianship/Conservatorship/Trusts= DG-2011-10 District Probate = DP-2011-02 District Adoptions = DA-2011-03

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Rule 6 - Specific Trial/Hearing Conduct A. If a party is represented by more than one attorney, only one of the attorneys may question a specific witness. B. If a party is represented by more than one attorney, and one of those attorney objects to a line of questioning, then only that objecting attorney may cross-examine the witness. C. Attorneys must request permission of the Court to approach witnesses.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

E. Jury trials are normally scheduled to begin on Monday mornings at 9:00 a.m. All settlement negotiations should be completed by 4:00 p.m. the preceding Friday. Failure to comply with this rule may result in the imposition of sanctions in appropriate circumstances. F. Attorneys/clients shall not keep the Court waiting, but shall appear at the scheduled time ready to proceed. All settlement negotiations shall take place prior to the scheduled trial/hearing.

Rule 7 - Court Security - Potentially Violent Situations; Duty of Party In any case where a party believes that a potentially violent situation may arise, that party, through counsel or pro se, shall notify the assigned judge and/or court bailiff sufficiently in advance so that appropriate security measures can be taken. Amended November 17, 2010 Effective January 3, 2011 DOROTHY McCARTER District Court Judge

KATHY SEELEY District Court Judge

JEFFREY M. SHERLOCK District Court Judge

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D. If a document is presented during trial/hearing, copies of the document must be presented to the judge and to opposing counsel.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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SECOND JUDICIAL DISTRICT COURT RULES BUTTE-SILVER BOW COUNTY

Rule 1 - Applicability; Title A. Applicability. The rules of the Second Judicial District Court of Silver Bow County promulgated prior to the effective date of these rules are hereby rescinded and these rules substituted therefor. These rules shall apply to all cases filed and administrative matters arising in the Second Judicial District. These rules are intended to supplement the Uniform District Court Rules and the Montana Rules of Civil Procedure and any conflict shall be controlled by the Montana Rules of Civil Procedure and/or the Uniform District Court Rules. B. Title. These rules shall be cited as the “Second Judicial District Local Rules”.

Rule 2 - Departments and Division of Business

A. For the division of business, the Montana Second Judicial District Court, Silver Bow County, is divided into Department No. I and Department No. II. The courtroom and facilities at the northwest corner of the Courthouse, long known and established as Department No. I, shall continue to be Department No. I and be so designated; the courtroom and facilities at the southeast corner of the Courthouse, long known and established as Department No. II, shall continue to be Department No. II and be so designated. Accordingly, the assignment of the Departments as the time of adoption of these rules shall be as follows: Department No. I - Judge Kurt Krueger, or successor Department No. II - Judge John W. Whelan, or successor

Rule 3 - Assignment of Cases A. General. All cases will be assigned at random exclusively to the judges of the court in which the cases are filed. B. The Clerk shall stamp each file in criminal and civil cases and probate proceedings with the names of the Judges in numerical order so that each will be assigned an equal number, provided that companion cases will be assigned to the same Judge to whom the first of such companion cases is assigned. All business of the Court shall be assigned by the Clerk as follows; All odd-numbered cases shall be assigned to the Judge of Department No. I, and all even-numbered cases shall be assigned to the Judge of Department No. II. C. Interchangeable Work of Judges. Subject to the foregoing provision of this Rule, work in the Second Judicial District shall be interchangeable between the Judges thereof during the absence or disability of either of them or upon the request of any Judge. During the absence of any Judge, with the consent of the parties, the Judge present and presiding may make an order in, or any disposition, temporary or final, of any case or matter pending before the absent Judge. However, when any order is made for a hearing to be had thereafter, the Judge present and presiding shall make the order returnable before the Judge to whom it is assigned. D. All cases shall be designated by numbers and letters as follows: The first two letters shall indicate the general nature of the case, followed by two digits indicating the year in which the case was filed, followed by a number of the case of that category filed in that year, the latter number being the sequential order of cases filed in the category, as determined by their chronological filing in the year indicated. For example: Adoption Criminal Paternity Guardianship Incapacitated Juvenile Dependant Neglected Probate

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DA-97-1 DC-97-2 DF-97-3 DG-97-4 DI-97-5 DJ-97-6 DN-97-7 DP-97-8

Domestic Relations DR-97-9 Process Server DS-97-10 Civil Cases DV-97-11 Investigative Subpoenas IS-97-12 Marriage License ML-97-13 Miscellaneous MC-97-14 Extradition DX-97-15

Rule 4 - Court Hours; Holidays, Weather Delays and Closings

A. Working hours; holidays. The usual working hours for Second Judicial District Court offices shall be from 8:00 a.m. to 12:00 noon, and from 1:00 p.m. to 5:00 p.m., Monday through Friday. District court offices will observe those legal holidays published annually by the administrative office of the courts and any others designated as legal holidays by the Supreme Court. B. Weather delays and closings. The Second Judicial District Court shall observe the same schedule as the Butte-Silver Bow Public Schools with respect to court closing and delayed opening due to weather conditions.

Rule 5 - Library Rules The Butte-Silver Bow County Law Library shall be open to the public from 8:00 a.m. to 12:00 noon, Monday through Friday. The library will also be open for extended hours on Tuesday (1:00 p.m. to 4:00 p.m.) and Wednesday (1:00 to 3:00 p.m.). If access to the library is required at other times, attorneys or their staff may make arrangements with the court assistant or law clerk of either District Judge.

Rule 6 - Law and Motion, Criminal Matters and Youth Court

A. Tuesday through Friday of each week is hereby designated as law and motion days in the Second Judicial District. Department No. I. In Department No. I, Tuesday is designated as probate day. Thursday is designated as Adult and Juvenile Law and Motion day, Tuesday and Friday are designated as civil days. All law and motion matters in the Second Judicial District Court, Dept. I, will commence at 9:00 a.m. each day. Department No. II. In Department No. II, Thursday is designated as Adult and Juvenile Law and Motion day and Friday is designated as civil day. All law and motion matters in the Second Judicial District Court, Dept II, will commence at 9:00 a.m. each day. In order to expedite matters on the Adult and Juvenile Law and Motion Calender on Thursdays, the following shall apply: Judge Krueger: Juveniles 9:00 a.m. to 10:30 a.m. Adults 10:30 a.m. to 12:00 noon Judge Whelan: Adults 9:00 a.m. to 10:30 a.m. Juveniles 10:00 a.m. to 12:00 noon Note: It will be the responsibility of counsel to check each department’s daily calendar to determine any appearance conflicts. The Court will endeavor to keep any conflicts at a minimum. B. When any holiday falls on a law and motion day, all matters shall be deemed continued to the next regular law and motion day. C. All uncontested matters, judgments by default, probate proceedings, uncontested ex parte matters, and other matters pertaining to questions of law not involving trial of cases (exclusive of motions hereinafter provided for by Rule 4) will be heard on said law and motion day. Contested matters will be heard on any law and motion day, but only with the expressed approval of the presiding Judge. D. Either Judge may hear all matters presented, whether filed in his Department or in the other Department, provided that any matter which is contested shall be heard by the Judge of the Department wherein such matter is pending. All matters presented on law and motion day shall be heard in open court, in the courtroom of the Judge presiding, except that ex parte matters may be presented in chambers of the presiding Judge. E. Each Judge’s court assistant shall keep a daily calendar of matters to be heard by the Judge. It shall be the responsibility of counsel to first check with the Judge’s court assistant for available dates and times when seeking a hearing. Upon confirmation with the Judge’s court assistant, counsel shall submit a written order for the Judge’s signature. F. Any matters filed with the Clerk of Court shall be brought to the attention of the Judge’s court assistant by the Clerk assigned to that particular Department to enable all matters to be included on the daily calendar. The Judge’s court assistant shall bring the Court files in each matter to the presiding Judge for review prior to any hearing.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

A. Potentially violent situations; duty of party. 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 bailiff sufficiently in advance so that appropriate security measures can be taken. B. Weapons. No weapons of any type will be allowed in the Silver Bow County Courthouse. C. Exemptions. The following individuals are exempt from Subsection B of this rule: 1. On‑duty Silver Bow County security personnel assigned to the courthouse; and, 2. Law enforcement officers transporting prisoners from any detention facility. 3. Law enforcement officers appearing in Court.

Rule 8 - Motions-Criminal Cases A. Unless for good cause the Court grants permission to proceed otherwise, all pre-trial motions in criminal cases, by both the prosecution and the defense, shall be filed within ten (10) days after the information is filed and in no event less than thirty (30) days prior to the date the case is set for trial. Attorneys failing to comply with this requirement shall be subject to such sanctions as the Court deems appropriate or as provided by law. Courtesy copies of all motions and briefs shall be provided to the sitting Judge. B. The moving attorney shall request a hearing date for such motions at the earliest opportunity so that the filing and hearing thereon shall not delay trial. C. Pre-trial motions shall include, but not be limited to, suppressions, dismissal, in limine, severance, constitutional issues and discovery. D. The Judges of the Second Judicial District, in an effort to have procedural conformity in Second Judicial District have approved for use in criminal cases four (4) forms which are hereby designated: 1) Acknowledgment of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court on or before the date of arraignment. 2) Plea of Guilty and Waiver of Rights - a form to be reviewed by Defendant with his/her counsel, signed by the Defendant and filed with the Court at the time of a Plea Change. 3) Order and Conditions of Release - a form to be used after a Plea of Not Guilty and the Defendant is released on bail either cash, surety or property. The conditions referred to in said order shall be binding on any person, firm or corporation providing bail for the Defendant. 4) Omnibus Hearing - a form to be prepared, used and signed by the State and the Defendant and presented to the Court for signature as indicated. The Court will not hold a formal Omnibus Hearing in criminal matters unless a written motion is filed with the Court. 5) Pre-trial Agreements presented to the Court shall state whether said Agreement is binding or non-binding between State and the Defendant. ONLY THE FORMS ATTACHED TO THESE RULES WILL BE ACCEPTED BY THE COURT. (See District Court Clerk for copies of forms, they are not reprinted in this book.)

Rule 9 - Trial Calendar-Criminal and Civil A. Each cause shall be tried before the Judge of the Department in which it is filed, unless transferred. B. Non-jury trials will be held throughout the year as time is available; jury trials will be held throughout the year, except the months of July, August and December. If the foregoing presents a problem for counsel or their client(s), a written Motion stating the reasons for a trial in the months indicated and an appropriate order shall be submitted to the presiding judge with copies to opposing counsel. Rule 19 of these Rules shall also apply. C. The Judge in each Department shall establish both a jury and non-jury trial calendar of all contested matters. Attorneys shall have the right to request, in any case, a trial date by filing with the Court a written Motion to set the matter for trial, otherwise, the Court will set a Scheduling Conference at which time a Scheduling Order will be agreed upon by the Court and respective counsel. This provision is not applicable in those actions in which a party is entitled by statute to temporary, interlocutory,

or equitable relief, or unless the action is otherwise subject to statute or rules of procedure that require immediate relief or judicial action. D. Counsel shall inform the Clerk of Court and the Court and/or the Court’s staff as expeditiously as possible when a contested matter has been settled or vacated.

Rule 10 - Jury Selection A. During the first week of February of each year, the Clerk of Court who is designated the jury commissioner pursuant to Section 3-15-202 M.C.A., shall randomly select the names of 300 jurors for the jury term beginning the 15th of March each year. The Clerk of Court will direct a Notice of Selection as a juror to each of the persons selected as jurors together with a Qualification Questionnaire to be returned to the Clerk of Court no later than the 20th of February. Juror Questionnaires shall be in the form provided by Section 3-15-505 M.C.A. The Clerk of Court shall have the authority during the initial month of juror selection, to excuse any juror requesting not to serve. A request not to serve shall be made by filing with the Clerk of Court a properly prepared, written request and shall be in the form of a sworn affidavit. No later than the 1st of March of each year, the Clerk of Court shall divide all of the remaining jurors, as equally as possible, into three (3) groups which shall be known as group A, B and C. When a matter before the Court requires a jury, the Clerk shall assign jury panel “A” to hear the matter and thereafter shall rotate the panels without designation as to which Department of the Court requires a jury. All jurors shall be notified by the Clerk of Court in any manner which ensures the best attendance of the jurors. Copies of all juror Questionnaires shall be provided to counsel for respective parties at such reasonable cost as may be determined by the Clerk of Court. B. Each Judge shall advise the Clerk of Court the number of jurors needed to try any pending case in his Department. All juries shall be selected pursuant to Rule 47 of the Montana Rules of Civil Procedure. If any particular case may require more jurors than any particular panel contains, the Clerk may put additional jurors from another panel on the panel selected. Except in the case of an emergency, no Judge shall excuse any juror from service in a Department other than his own.

Rule 11 - Duties Assigned Clerks The Clerk of Court shall assign one or more clerks to each District Judge in the Second Judicial District. It shall be the duty of said clerk to be in attendance at every hearing before the Court unless excused by the presiding Judge. It shall be the duty of the clerk in attendance to prepare a minute entry on all proceedings in his/her designated Department, to be inserted into each file.

Rule 12 - Court Files A. The Clerk of Court is the custodian of all files of the Second Judicial District Court. The Clerk may make such rules and regulations as needed regarding the taking of papers and files from the Clerk’s office. Such rules shall be in accordance with the Rules of Court and appropriate statutes; provided, however, that no will, bond, deposition, exhibit, or undertaking shall be taken from the Clerk’s possession under any circumstances and no judgment before it is recorded, except by order of the Court in writing. No papers or records in a criminal action shall be taken from the files before trial, without a written order from the Judge. B. No file shall be taken from the possession of the Clerk of Court, without the receipt therefor acknowledged in writing by the party taking the same; provided, however, that no record or paper belonging to a file shall be taken from the custody of the Clerk for a period of twenty-four (24) consecutive hours of the business day after its initial filing except by permission of one of the Judges of the Court. C. The Clerk of Court shall be responsible for the safekeeping and return of all files but shall be allowed reasonable discretion in such matters.

Rule 13 - Sealing of Court Records The Court’s policy is to allow public access to official court files and other records. Accordingly, no court file or other record shall be sealed from public inspection, with the exception of records containing matters made confidential by law or court order. In extraordinary cases, the Court may seal a file or other record upon a party’s written motion or the Court’s own motion, and showing of good cause. The sealed records shall remain part of the court file or other record.

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Rule 7 - Court Security

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 14 - Dismissal of Inactive Cases A. When no proceedings have been taken in any civil cause for a period of one year, the action may be dismissed with or without prejudice by the Court on its own motion after the giving of twenty (20) day notice of such intended dismissal, unless good cause is shown. B. In estate matters not closed pursuant to statute, the Clerk shall notify the attorney of record ninety (90) days before the expiration of two years from the filing of the estate matter. C. Cases and parts of cases closed for lack of prosecution shall be reinstated only by court order to reinstate upon agreement of the parties or good cause shown. If an order to reinstate is not entered, no judicial action will be taken in the case or part thereof.

Rule 15 - Gun Permits

Gun permits shall only be issued pursuant to the statutes of the State of Montana.

Rule 16 - Courtroom Decorum The pursuit of justice is a serious undertaking and conduct during the litigation process, both within and outside the courtroom, must at all times satisfy the appearance as well as the reality of fairness and equal treatment. Dignity, order, and decorum are indispensable to the proper administration of justice. Counsel and the parties are expected to dress in a manner that reflects the seriousness of judicial proceedings and demonstrates an awareness of the Court as a respected institution of the American system of democracy. Coat and tie are suggested for male attorneys. Corresponding attire is appropriate for female attorneys. Individuals appearing in court or in a Judge’s office or chambers shall conduct themselves in a manner befitting the dignity of the court. Portable telephones, pagers and beepers shall be turned off. Attorneys, their employees, law clerks, runners, law students and court employees appearing in court or in a Judge’s office or chambers shall dress in a manner befitting the dignity of the court. General Courtroom Conduct 1. Always be prompt. 2. Stand when the Judge enters or leaves the courtroom. 3. Do not interrupt the Court or opposing counsel. Wait your turn. 4. Advise clients and witnesses of the formalities of the Court, the appropriate guidelines, and any rulings on motions in limine. Encourage their cooperation. 5. If there is a live microphone at counsel table, remember not to confer with others or rustle papers near the microphone. 6. Stand when addressing the Court and when making objections.

Rule 17 - Continuances All motions for continuances of hearings, trials, or other dates set for action by a party shall be made in writing, shall be served upon all other counsel and shall show on their face that notification of the request made has been communicated to all other counsel. All such applications shall be accompanied by a proposed order which notes the name of the party requesting the continuance and the actual disposition of the requested continuance. All applications for continuances must be approved by client/clients in writing.

Rule 18 - Form of Pleading and Filings All pleadings and filings shall be on good quality white paper 8 1/2" by 11" in size. Multiple page pleadings and filings shall have the title of the pleading set forth at the bottom of each page. Papers may be filed by facsimile transmission. It is the responsibility of the originator of such facsimile transmission to notify the Clerk of Court that such filing has been transmitted and verify receipt of each transmission by the Clerk of Court. The Clerk shall not refuse for filing any paper presented in proper form. The original copy of any papers filed by facsimile transmission shall be provided to the Clerk of Court within five (5) days of the facsimile transmission. The Clerk of Court shall file the original in the proper file.

Rule 19 - Motions and Briefs A. All motions filed in the Second Judicial District shall be disposed of pursuant to Rule 2 of the Uniform District Court Rules. Attorneys are required to file courtesy copies of such motions and briefs directly with the presiding judge. Except for summary judgment motions, when all

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briefs have been filed, or the time for filing of briefs has expired, either party may file a request with the presiding Judge indicating whether oral argument is necessary or if the motion is deemed to be submitted on the briefs. Oral argument will only be set by court order at the Court’s discretion. It will be the responsibility of counsel to advise the Court’s assistant of the setting of any matter. If the motion is not ruled upon within forty-five (45) days of the date the motion was filed, the motion is deemed denied. B. Summary Judgment. All summary judgment motions shall be filed, argued and determined pursuant to Rule 56, Montana Rules of Civil Procedure. All counsel shall familiarize themselves with Krusemark v Hansen, 186 Mont. 174, 606 P.2d 1082 (1980). When all briefs have been filed, or the time for filing of briefs has expired, the Court will set the motion for oral argument. If the parties wish the motion to be deemed submitted on the briefs, they must stipulate to the Court in writing that they waive oral argument on the summary judgment motion.

Rule 20 - Attachments A. Non‑duplication. Exhibits, appendices and other attachments (hereinafter “attachments”) to pleadings, motions, and other papers, shall be filed with the court only once; subsequent use of such attachments shall be by reference to the document name and filing date. B. Size and page limit. The size of any attachment shall not exceed 8 and 2 inches in width by 14 inches in length, and the total number of pages of attachments shall not exceed twenty‑five (25), except by leave of the court. C. Legal authority. Copies of cited cases, treatises, annotations, law review articles, and other such legal authority, shall not be filed with the clerk but shall be given to the assigned Judge if requested.

Rule 21 - Case Citations When citing Montana Supreme Court opinions, in addition to Pacific Reporter, give Montana Report citations or, if not available, the State Reporter. The County law library has the Montana Reports, Pacific Reporter, Federal Second Reporter, Federal Supplement and American Law Reports. If an opinion is cited in any other reporter system, furnish a copy of the opinion.

Rule 22 - Communications with the Court A. Communications. The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel. B. Ex Parte Communications. There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. A violation of this rule may result in imposition of sanctions against the offending attorney or party. The same prohibition against ex parte contact with the judge, applies to the judge's staff. Staff members are cautioned against discussion about procedural matters especially as it relates to an actual case because the inquirer may gain an advantage over opposing counsel. Additionally, the court staff may not offer legal advice. C. Reminders to the Court. In the event the Court has under advisement any matter including, but not limited to, a motion or decision in a bench trial for a period of more than thirty (30) days, each party affected thereby is encouraged to send to the Court a reminder letter particularly describing the matter under advisement and stating the date the matter was taken under advisement.

Rule 23 - Parenting Plan Guidelines

(Contact a member of the Judge's staff for copy)

Rule 24 - Opposed Motions and Other Opposed Matters; Filing; Hearings.

A. Presentment for filing. As a condition of filing, all opposed motions, objections and other opposed matters requiring a hearing (hereinafter “motions”) shall be presented to the clerk with the following: 1. A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; 2. An original request for hearing, along with a copy of the request for the assigned judge; 3. An original Order and sufficient copies for all parties entitled to notice; and, 4. Stamped, addressed, plain (with Court's return address) envelopes for all parties entitled to notice.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 25 - Unopposed Motions and Other Unopposed Matters; Filing

A. Presentment for filing. As a condition of filing, all unopposed motions and other unopposed matters (hereinafter “motions”) shall be presented to the clerk with the following: 1. A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; and 2. An original proposed order disposing of the motion approved by all parties entitled to notice; approval of counsel may be indicated as telephonic approval; approval of a party pro se must be indicated by the party’s signature on the proposed order. B. Filing; forwarding to judge. The clerk will file the motion and endorse a copy for the assigned judge. The clerk shall forward the endorsed copy of the motion and the original proposed order to the assigned judge for consideration. C. Signed orders; filing; copies. The movant shall retrieve and file the order promptly after it is signed, and shall mail or deliver endorsed copies to all parties entitled to notice. The court takes no responsibility for the filing of orders.

Rule 26 - Vacating Settings; Notice of Resolution

to

Court

A. Vacated only by court. Settings will be vacated only with the assigned judge’s approval. B. Procedure. With trial and merits settings, if all parties entitled to notice agree to vacate a setting, a proposed stipulation and order stating the grounds for vacating must be presented to the assigned judge. The order shall be signed by all counsel and parties pro se. With other settings, if all parties entitled to notice agree to vacate, a proposed stipulation and order may be presented to the assigned judge, or all parties may request the assigned judge’s approval by telephone followed by a proposed stipulated order. Even if all parties entitled to notice agree to

vacate, the court may refuse to vacate. If all parties entitled to notice do not agree to vacate, the party desiring to vacate the setting shall file a motion on the issue. When vacation is granted and a hearing is still necessary, a new request for hearing shall be filed along with the order granting the vacation, except in civil court jury cases. C. Notice of resolution. Upon dismissal, consent judgment, or other resolution reached which makes a setting unnecessary, all parties shall promptly notify the assigned judge.

Rule 27 - Discovery Motions No discovery motion will be heard by the Court unless the party making the motion specifically sets forth to the Court the matters upon which the motion is based, including the questions and answers at issue, a description of the parties’ disagreements as to such matters, and the parties’ progress in resolving such disagreements.

Rule 28 - Default Judgments A. Notice of default judgment. Plaintiff shall promptly mail or deliver endorsed copies of default judgments to defaulting parties at their last known address. B. Proof of damages. Where default judgment entitles a party to unliquidated damages, that party must establish the amount of damages by evidence satisfactory to the Court. C. Setting aside default; suspending execution. Only the assigned judge shall hear a motion to set aside a default judgment. In exigent circumstances, if the assigned judge is unavailable, any judge may suspend execution on a default judgment. D. Attorney Fees. See Rule 29(C).

Rule 29 - Attorney Fees A. Recoverable fees. Attorney fees shall be recoverable only as allowed by statute, rule or contract. B. Procedure. Unless attorney fees are awarded in the final judgment, attorney fees shall be requested by written motion filed within ten (10) days after the final judgment is filed. The motion shall include an itemization of time expended and an affirmation that the fees claimed are correctly stated and necessary. A separate affidavit is not necessary provided the motion is signed by counsel for the movant. Parties objecting to the motion shall file objections within fifteen (15) days after service of the motion, or such objections shall be deemed waived. C. Fees. In all uncontested cases where reasonable attorney’s fees (including attorney's fees in default judgments) are left to the discretion of the Court, the following guidelines shall be used: On all sums up to and including $1,000...................................... 20% On all sums in excess of $1,000 and up to and including $10,000.... ................................................................................................... 10 % On all sums in excess of $10,000................................................. 2 % Extra fees may be allowed in cases of unusual labor. In foreclosure proceedings and suits on promissory notes, no fee less than $100. Attorney’s fees will not be fixed by the Court in probate cases, except upon motion and hearing.

Rule 30 - Jury Instructions

Unless otherwise ordered by the court, requested jury instructions shall be presented to the assigned judge as follows: 1. Requested instructions shall include a cover sheet bearing the case number, caption, title, e.g., “Plaintiff’s Requested Instructions,” signature and a Praecipe. 2. Each requested instruction shall be identified by party and consecutive number, e.g., “Plaintiff John Smith’s Requested Instruction No. 1,” “Plaintiff John Smith’s Requested Instruction No. 2,” and so forth. 3. Citations supporting the requested instruction as a correct statement of the applicable law shall be listed on the bottom of each requested instruction. 4. A copy of each instruction with the heading “Instruction No. ____,” with no numbers inserted and no citations listed, also shall be provided to the court. 5. In all cases where possible, the parties should supply the Court with proposed jury instructions on a 3.5 computer disc containing said Jury Instructions in WordPerfect 5.1, 6.0 or 6.1 format. This will enable the Court to expedite its preparation of the jury instructions for the trial. All discs should, in addition to indicating the cause, contain the name, address and phone number of counsel so the disc can be returned to counsel.

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B. Service of request. The movant shall serve copies of the request for hearing on all parties entitled to notice. C. Filing; forwarding to judge. The clerk will file the motion and request for hearing, and endorse a copy of each for the assigned judge. The clerk shall forward the endorsed copies, the original Order and copies, and the envelopes, to the assigned judge. D. Notice of hearing. The assigned judge’s staff will complete and file the notice of hearing, and mail or deliver copies to all parties entitled to notice, or the judge may direct the movant to complete this process. E. General exceptions. The clerk also shall file opposed motions presented without a request for hearing, notice of hearing or stamped, addressed envelopes, in the following circumstances: 1. Prior to presentment to the clerk, the movant has delivered a copy of the motion and the request, the original and copies of the Order, and envelopes, to the assigned judge’s office, and receipt is indicated on the original motion by initials of the judge’s staff. 2. The motion has been approved for filing by the assigned judge’s staff in circumstances other than those set forth in Subsection E(1) above; 3. The motion is presented with a signed order disposing of the matter; or, 4. The motion is presented with a proposed order in which the date and time of the hearing will be entered, such as an order to show cause or temporary restraining order. F. Exception for motions requiring fifteen minutes or less in criminal, delinquency and need‑of‑supervision cases. All motions in criminal, delinquency and need‑of‑supervision cases, requiring fifteen minutes or less for hearing, shall be presented only with sufficient copies of the motion for all parties entitled to notice. The clerk, at the time of filing, will stamp a hearing date and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice. With criminal cases, motions for Monday hearings must be filed by the preceding Monday; motions for Friday hearings must be filed by the preceding Friday. Any motions filed after these deadlines will be scheduled on the next regular calendar, unless otherwise ordered by the court. G. Required attachments. With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion. H. Requests alone. A request for hearing may be filed without a motion provided the request is presented with a notice of hearing, copies and envelopes. A copy of the request shall be served on all parties entitled to notice.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 31 - Proposed Findings clusions of Law

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Fact

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In all matters where the Court must enter findings of fact and conclusions of law pursuant to Rule 52, M.R.Civ.Pro., all parties shall file with the Court, and serve upon opposing counsel, at least five days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law. Failure to file proposed findings of fact and conclusions of law in a timely manner shall be cause for appropriate sanction including removal of the case from the trial calender, dismissal or granting of a judgment, precluding the offending party from presentation of evidence or objecting to evidence submitted by the other party, or such other action as the Court deems appropriate. Post-trial amended and supplemental findings of fact and conclusions of law may be submitted in appropriate circumstances only and only upon order of the Court. A. Filing; service. As a condition of filing, requested findings and conclusions shall be presented to the clerk with a copy for the assigned judge. The clerk shall endorse and forward the copy to the assigned judge. Copies of requested findings and conclusions shall be served upon all other parties. B. Copies. In all matters before the Court in which the Court is required to make extensive Findings of Fact and Conclusions of Law, counsel for the respective parties shall submit a hard copy of such Proposed Findings and Conclusions for the Court’s review. Counsel are also required to submit to the Court, a computer disk (3.5) containing said Findings and Conclusions in Wordperfect 5.1, 6.0 or 6.1 format. This will enable the Court to expedite its order regarding the matter. All disks should be labeled to indicate the cause, and the name, address and phone number of counsel so the disk can be returned.

Rule 32 - Official Record of Court Proceedings

In proceedings before Second Judicial District Judges, official court reporters or monitors are responsible for taking the official record. When parties in such proceedings need stenographic services which the official court reporter cannot provide, non‑official reporters may be used. No one may record any such proceeding without the prior approval of the assigned judge.

Rule 33 - Transcripts A party ordering a transcript from a court reporter must do so in writing within the required time set by statute, and paid for upon delivery unless otherwise arranged.

Rule 34 - Orders, Judgments and Decrees A. Judge shopping prohibited. Any order, judgment, decree, or other matter (hereinafter “order”) once presented to a judge for signature and refused shall not be presented to any other judge. Proposed orders shall be presented to the assigned judge unless unavailable. The assigned judge’s name shall be typed or printed on all proposed orders, directly below the judge’s signature line. B. Date of filing and entry. The date of entry of any order shall be the same as the date of filing and shall be shown by the clerk’s stamp unless the order is filed in open court. C. Parties’ signatures required. Orders shall not be signed by the court unless signed by all parties entitled to notice except upon presentment hearing or consideration by the court pursuant to Subsection D below, or as otherwise provided by Supreme Court rule, second judicial district local rule, or statute. D. Deadline for presentment; presentment hearing. Unless otherwise ordered by the court, all proposed orders shall be presented to the court within fourteen (14) days after the court’s decision. The prevailing party shall be responsible for such presentment, except in domestic relations court cases unless the court orders otherwise both parties shall bear the responsibility. If the signatures of all parties entitled to notice cannot be obtained by the fourteenth day, the prevailing party shall, no later than the fourteenth day, request a hearing on the issue. Before the hearing, all parties shall submit proposed forms of order. The court may review the proposed forms of order and rule on the form without hearing. E. Filing; notice. The submitting party shall promptly file the order after it is signed and mail or deliver endorsed copies to all parties entitled to notice. The court takes no responsibility for the filing of such orders. F. Service of orders filed by the court. The court will mail or deliver endorsed copies of all orders filed by the court, to all parties entitled to notice.

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Rule 35 - Orders to Show Cause

The court may issue an ex parte order to show cause why a party should not be held in contempt only if the motion therefor is verified or accompanied by an affidavit specifically describing the factual basis for the claim of contempt and identifying verbatim that portion of the prior order of the court on which the contempt charge is based. The order to show cause shall include the date, time and place of the hearing.

Rule 36 - Settlement Conferences All parties in civil cases will be required to participate in a settlement conference. Counsel for the parties (or the parties in pro se situations) are expected to confer and agree on a time, place and settlement master. The parties may select any qualified person to act as settlement master, and his or her fees shall be paid by the parties. In the event that the parties are unable to agree on a settlement master or have any dispute regarding setting up the settlement conference, the presiding Judge may be asked to appoint a settlement master. The settlement conference shall be held in accordance with the following guidelines: A. It shall be the responsibility of counsel to ensure that all named parties with the ultimate settlement authority are present in person at the settlement conference. If a corporation is so named, or if an insurance carrier is involved, the representative with ultimate settlement authority for said corporation and/or insurance carrier is required to be in person at the settlement conference. Availability of these named parties and/ or corporate/insurance carrier representatives by telephone will not be acceptable. Further, the Court will not entertain requests by counsel to excuse either their clients or the corporate/insurance carrier representative from personal attendance at the settlement conference. Failure to comply with these conditions or failure to negotiate in good faith may result in impositions of costs of the conference. B. A statement from each party or counsel shall be submitted directly to the settlement master no later than three (3) business days prior to the conference. The statement shall not exceed five (5) pages in length and shall contain: 1. The background of the case; 2. Factual and legal issues, including damages; 3. Points and authorities of law, if applicable; 4. A description of the strongest and weakest points in their case, both legal and factual, and that of their opponents; 5. The history of settlement negotiations, including a recitation of any specific offers and demands; and 6. 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. C. All communications made in connection with the settlement conference are confidential and will not be disclosed to anyone. Statements or communications of any kind occurring during the settlement conference may not be used by any party with regard to any aspect of the litigation. The parties will not subpoena or otherwise require the settlement master to testify in any future proceedings. No person present at or participating in a settlement conference shall be subject to examination concerning any statements made or alleged to have been made by that person or by any other participant or person attending, including statements of the settlement master. The settlement master may, for the sole purpose of establishing the fact of settlement, disclose that settlement was, in fact, agreed.

Rule 37 - Domestic Relations Mediation Program A. Mediation program established. The second judicial district elected to establish and will continue to maintain a domestic relations mediation program to assist the court, parents and other interested parties to determine the best interests of children involved in domestic relations cases, and/or to attempt to resolve the issues present in domestic relations matters. The program shall be administered and services provided by the Second Judicial District Court. In any contested family matter (including modification hearings), both parties and their respective counsel shall meet with the respective Court’s duly appointed settlement facilitator for the purpose of resolution negotiations. It shall be the duty of all counsel in family matters to work with the designated facilitator so that a legal and reasonable settlement of all issues can be presented to the Court at a final hearing. If the matter cannot be resolved, Petitioner’s counsel shall report to the Court which issues are still pending. Attorneys shall provide the Court and/or facilitator and opposing counsel with a fully completed


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Amended November 3, 1997

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financial declaration form and proposed findings of fact and conclusions of law prior to the trial. B. Mandatory referral. Unless otherwise ordered by the court upon stipulation of the parties or for good cause shown, in every case involving a dispute over any domestic relations issue, focusing on child‑related issues, the court shall enter an order referring the parties to the Domestic Relations Mediation Program. C. Purpose. The purpose of this district’s Domestic Relations Mediation Program is the early, fair, efficient, cost‑effective and informal resolution of disputes. Nothing in the rules governing this program shall be construed to discourage or prohibit parties from pursuing private dispute resolution. D. Immunity. Each Department of the Second Judicial District shall appoint a settlement facilitator to conduct settlement negotiations and written reports to the Court in all family matters. Persons appointed by the court to serve as settlement facilitators in this District’s Domestic Relations Mediation Program, are appointed to serve as arms of the court and as such are immune from liability for conduct within the scope of their appointment. E. Referral upon judge’s own motion. The assigned judge at any time and without agreement of the parties may refer a case to the Court's settlement facilitator. F. Referral order. In all cases to be referred, whether upon party’s request or judge’s motion, the court will complete and file an order requiring a status conference, settlement conference, appointing a settlement facilitator, and will mail or deliver endorsed copies to the facilitator and all parties entitled to notice. G. Time, place and deadline for settlement conference. Unless set by the referral order, the time(s) and place(s) of the settlement conference shall be set by the settlement facilitator within a deadline set by the court. Any party or facilitator may request an extension of the deadline by motion directed to the assigned judge. H. Attendance. The following shall attend and be present in person during the entire conference: each party of record including parties represented by counsel; each counsel of record who will be trying the case; and, for each party, the person or persons with complete authority to settle the case. This provision may be waived only by written order of the assigned judge. The court may refuse to grant a motion to waive attendance even if all parties agree to the motion. Upon motion of any party or its own motion, the court shall impose sanctions for failure to attend the settlement conference or have present all necessary parties or their representatives with settlement authority, except upon a showing of good cause. I. Settlement conference information. At least five (5) days prior to the conference, all parties shall provide the facilitator a settlement proposal with the information listed below. This information shall not be filed with the court nor in any way be made part of the court record. Upon motion of any party or its own motion, the court may impose sanctions for failure to provide the information to the facilitator. 1. List of the parties' real property and values; 2. Proposed distribution of the parties' personal property; 3. Proposal as to custody and parenting time; 4. Proposal as to child support and health care; 5. Proposed parenting plan; 6. If maintenance is requested, the parties shall complete the Court's financial declaration form; 7. Estimate of costs and attorney fees through trial; 8. The last or most recent settlement proposal made to other parties; and 9. Copies of case law, statutes, pleadings, exhibits, orders and any other information which would be helpful to the facilitator. J. Good faith participation. Parties shall participate in good faith in settlement conferences. Good faith participation includes but is not limited to sufficiently preparing for the conference and engaging in meaningful negotiations during the conference. Upon motion of any party or its own motion, the court may award attorney fees and costs for failure to participate in good faith. K. Canceling conferences. Settlement conferences may be canceled only by written court order. By written motion, any party or the facilitator may request that a settlement conference be canceled.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA FOURTH JUDICIAL DISTRICT COURT RULES MISSOULA AND MINERAL COUNTIES

Rule 1 - Departments of the District Court

The District Court of the Fourth Judicial District of the State of Montana is divided into four departments: Department No. 1 -- presided over by Judge Edward P. McLean Department No. 2 -- presided over by Judge Robert L. Deschamps, III Department No. 3 -- presided over by Judge John W. Larson Department No. 4 -- presided over by Judge Douglas G. Harkin The position of Chief Judge is assumed for a calendar year by the presiding JJudges in rotating order as follows: Department 1 – 2010, 2014 Department 2 - 2011, 2015 Department 3 - 2012, 2016 Department 4 - 2013, 2017 The District Court Judges shall meet monthly at a time and place designated by the Chief Judge. Special meetings of the Judges may be called by the Chief Judge or any two Judges by announcement to all Judges at least 24 hours in advance as to time, place and agenda. Decisions of the District Court are made by majority vote of the District Judges. The position of Youth Court Judge shall be assumed on an annual basis by the Chief Judge of the preceding year.

Rule 2 - Division of Business

Within Missoula And Mineral counties all matters filed in each docket shall be allocated among the four departments in random numerical rotation. Trials and hearings on contested matters shall be before the Judge of the department in which the action is filed. The Judge assigned to a Law and Motion day in Mineral County shall hear other departmental matters if they are nondispositive, i.e., arraignments, withdrawal of pleas, etc. The Judge presiding over an action will hear any pre-trial issues and dispositive matters. Any issues that need attention prior to disposition shall be directed to the presiding Judge. Mineral County law and motion days are set out below for each Judge. JANUARY, MARCH, MAY, JULY, SEPTEMBER, NOVEMBER Dept. No. 1 - Every second Monday of the month Dept. No. 2 - Every fourth Wednesday of the month FEBRUARY, APRIL, JUNE, AUGUST, OCTOBER, DECEMBER Dept. No. 3 - Every second Wednesday of the month Dept. No. 4 - Every fourth Wednesday of the month

Rule 3 - Filing of Pleadings, Deposition, Briefs, Notes of Issue etc.

A. Civil Rules Applicable: Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative. B. Form of Papers Presented for Filing: Any pleading filed in any action which does not conform to Rule 1 of the Montana Uniform District Court Rules shall not be filed by the Clerk and shall be returned to the party submitting it. C. Department Identification Number: A document, other than the document that initiates a case, may not be filed with the Clerk of Court unless it contains an identification of the department that has jurisdiction of the case. The department number shall be placed directly above the cause number. D. Necessary Proposed Original and Copies Presented: Before a matter may be set for hearing, a final Decree or Order must be prepared for the Judge’s signature and submitted to the Clerk of Court to be lodged in the court file. If a party requires copies of a pleading, order, etc., to be mailed to themselves or others, the copies must be furnished to the Clerk of Court. Copies of documents to be conformed must also be furnished to the Clerk of Court.

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E. Court Orders and Minutes Provided Electronically. In an effort to promote the electronic storage and exchange of documents and reduce redundant scanning of documents produced by the Courts, the Clerk of Court may distribute copies of Court Orders and Minute Entries by email rather than by hard copy. Attorneys or parties wishing to receive copies by email must provide the Clerk's office with the email address(es) to which copies of Orders or Minute Entries are to be emailed. Multiple email addresses may be provided for each attorney or party, but the total may not exceed 100 characters (each email address must be separated by a semi-colon). F. Fax and E-Mail Filings. Documents may be emailed to (clerkofcourt@co.missoula.mt.us) or faxed to (406) 258-4899 to the Missoula County Clerk of District Court in accordance with Rule 5(e) of the Montana Rules of Civil Procedure, provided the original document is filed with the Clerk of District Court within five business days of the Clerk's receipt of the facsimile or e-filing copy, or the filing will be deleted. The following guidelines for emailing documents must be followed: (1) Documents must be signed. (2) Documents must be in a pdf format and must be submitted as an attachment to the email. (3) Documents must be emailed to clerkofcourt@co.missoula. mt.us. (4) The email subject line must read “Email Filing and Case Number”. (5) The body of the email must include the title of the document(s) being emailed. (6) The Clerk of Court staff will print only the email and date stamp it. (7) The Clerk of Court staff will save the emailed document directly into our case management system, FullCourt. (8) As with faxed documents, an emailed document must be replaced with the original within five business days. (9) As with faxed documents, the original document will be compared to the emailed document to ensure that it is the same document. G. Requirements of Briefs. (1) No individual brief shall exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court. (2) In a prefatory statement in each motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the other parties object to the motion. (3) All motions requesting orders to require participation in depositions of proceedings in foreign jurisdictions shall certify that the other parties and deponents have been contacted, whether they object to the request, and whether a date and location for the deposition has been mutually agreed upon (4) Either a proportionately spaced typeface of 14 points or more, or a monospaced typeface of no more than 10.5 characters per inch may be used in a brief, petition, motion or other paper. A proportionately spaced typeface has characters with different widths. A monospaced typeface has characters with the same advanced width. Text shall be in Arial or a comparable, sans serif font. Case names, headings and signals may be underlined or in italics or bold. H. When Leave of Court Required: When leave of Court is required before a pleading can be filed, a proper motion must be filed and served. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). (1) If a pleading is allowed to be amended (upon a motion to amend complaint for example), the amended pleading shall highlight what has been added or deleted (by strike through). I. Preparation of Order for Judge’s Signature. Where an uncontested motion is presented the Court, an Order for the Judge’s signature shall accompany it. All Orders (uncontested or not) shall accompany the motion as a separate document. J. Depositions and Briefs: Trial briefs will not be filed by the clerk as permanent Court records except upon order of the Court, in which event the clerk shall receive such documents, so note in the Register of Actions, and then place them in the Court file. Thirty days after a final judgment has issued, where the time for appeal has expired or the questions on appeal are finally resolved, the clerk will notify


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 4 - Court Records A. Withdrawal of Files or Papers. The clerk shall not permit any files or documents to be removed from the office except upon order of the Court for good cause shown. The clerk must obtain a receipt from any party removing any file or Court record. B. Juvenile (Delinquent Youth and Youths In Need of Care), Adoption and Sealed Matters. The records and files in juvenile and adoption actions and sealed files shall not be withdrawn, examined, or inspected by anyone except upon order of the Court. An exception would be a criminal Defendant may have access to his file that has been dismissed after a deferred imposition of sentence. C. Withdrawal Prohibited. No will, bond, or undertaking shall be taken from the clerk's office under any circumstances, and no judgment before it is recorded. D. Exhibits. Exhibits offered during a trial may be withdrawn at any time after trial upon stipulation of counsel. After a judgment has become final and appeal rights no longer exist, any party may withdraw any exhibit which that person has offered into evidence, unless some person has theretofore filed with the clerk notice that said third person is entitled to the exhibit. Withdrawal shall then be permitted only on order of the Court. If exhibits are not withdrawn within thirty days after the judgment has become final, the clerk shall give ten days notice to the party offering the exhibit of his/her intention to dispose of the same and may do so, if not then withdrawn, after obtaining a Court order to destroy the exhibit.

Rule 5 - Law and Motion A. Missoula County Law and Motion Days. The law and motion days in each department are as follows: Department 1 - Wednesday Exhibit "G" Department 2 - Tuesday Exhibit "H" Department 3 - Thursday Exhibit "I" Department 4 - Tuesday Exhibit "J" Court shall convene on law and motion days at 8:30 or 9:00 a.m. When law and motion day falls on an official holiday the law and motion calendar shall be continued to the next regular law and motion day of the Judge. B. What Matters May Be Heard on Law and Motion Days. All uncon¬tested matters, judgments by default, probate proceedings, uncontested ex parte matters, and other matters pertaining to questions of law not involving contested questions of fact shall be heard on law and motion day, except as otherwise ordered by the Court for good cause shown. Contested matters involving questions of fact will not be heard on a law and motion day without express approval of the Court but will be set as to day and time by order of Court as set forth in this rule. Motions for summary judgment may be heard on law and motion days provided they do not exceed the time limits set forth in paragraph D. C. Scheduling of Law and Motion Matters. Matters may be placed on the law and motion calendar only upon written request to the schedul¬ing clerk at least 24 hours in advance of the hearing date. The written request shall: (1) what issue the requesting party is requesting to be heard; (2) include an estimate of the amount of time required by each party; and (3) the number of witnesses to be called by each party. (See Exhibit "F" "Request for Hearing.") Any matter anticipated to exceed a TOTAL hearing time of one (1) hour shall not be scheduled on the Law and Motion calendar. Schedules for each department are attached as: Department 1 - Wednesday Exhibit "G" Department 2 - Tuesday Exhibit "H" Department 3 - Thursday Exhibit "I" Department 4 - Tuesday Exhibit "J"

D. Contested Matters Shall Be Postponed. Any matter set for the law and motion calendar which proves to involve contested issues of fact shall be subject to postponement to be set on the contested calendar. Any matter that the parties reasonably anticipate will take more than one hour to complete shall not be sched¬uled on the law and motion calendar but shall, instead, be scheduled as a contested hearing as set forth in Rule 6. E. Limitations. No matter may be set on the law and motion calendar until the motion or other documentation and all relevant supporting documents have been filed with the clerk. A proposed order, decree, or judgment may be presented to the Court at or before the time the matter is to be heard. F. Reminders to the Court. If a Judge has any matter under advise¬ment for more than 30 days, each party affected thereby shall send to the Judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement. G. Modifying Law and Motion Schedules. Any department may issue special orders modifying the law and motion schedules as it relates to that department.

Rule 6 - Contested Hearings A. Disposition of Motions. All motions shall be disposed of pursuant to Rule 2 of the Uniform District Court Rules, or as otherwise required by the Montana Rules of Civil Procedure. When all briefs have been filed, or the time for filing of briefs has expired, either party may file a "Notice of Issue" with the Court indicating that the matter is ready for ruling by the Court. B. Requests for Oral Argument. When counsel desire oral argument on a motion, other than a motion in which oral arguments shall be deemed mandato¬ry unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfac¬torily articulate their position. Oral argument will be set only by Court order, whether upon motion of a party or upon a sua sponte determination that oral argument would be beneficial. If a motion for oral argument is not ruled upon within 30 days of its submission, the motion shall be deemed denied. C. Scheduling Oral Argument. When oral argument is granted, the moving party must prepare a Request for Hearing for the Court's Law and Motion day. The requested hearing shall not be longer than one hour without express permission of the Court. The parties should expect the Court to enforce the time limits stated by the parties at the time of scheduling of the hearing. In the event any contested matter set for hearing is resolved between the parties, the scheduling clerk shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case. Failure to abide by this provision may result in imposition of sanctions by the Court. D. Contested Hearings. Any motion requiring presenta¬tion of testimo¬ny shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the Court's scheduling clerk.

Rule 7 - Time Limits In any hearing, contested or uncontested, or in any show cause hearing, injunction hearing or trial of any case, the Court may direct the parties to state the amount of time their case will take to present. The Court may then impose time limits on the presentation by each party, and retains the discre¬tion to allot a lesser time than that requested by each party. In the event time limits are imposed, the Court has full authority and discretion to enforce those limits.

Rule 8 - Scheduling Orders A. Scheduling Orders. Upon filing of an appearance by one or more Defendants, the Judge to whom the case is assigned shall direct the mailing of a scheduling order to the parties or their attorneys of record. The scheduling order shall direct that the deadline for filing of the pretrial order shall be seven months from the date of filing of an appearance, unless extended upon motion and order of the Judge. (See Exhibit "B" and Exhibit "C" for a sample of the Scheduling Order. Exact formats may vary from department to department.)

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counsel that all discovery material and briefs will be removed from the Court files and destroyed unless such materials are retrieved by counsel within thirty days of the date of this notice. Trial briefs must be served upon opposing counsel. K. Notes of Issue: In any civil, divorce or invalidity actions, when the parties are fully joined, counsel shall prepare and present to the Clerk of Court a Note of Issue.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. The scheduling order form shall provide dates to be filled in by attorneys of record for the following: (1) joinder of parties and amendments to pleadings; (2) date by which all pretrial motions will be filed and heard; (3) identification of expert witnesses; (4) close of discovery; (5) date by which the lawyers resolution conference will be held; (6) filing of a proposed Pretrial Order; (7) date for a master-supervised settlement conference pursuant to Rule 9 of the Local Rules; or (8) such additional matters as the Court or parties deem necessary. The lawyers resolution conference referred to in (5) above shall be held in person between counsel for all parties at a place mutually agreeable to the parties. If the parties cannot agree, the Court will direct the place and manner of the conference. Within ten days after the conference, counsel for plaintiff shall submit to the Court a certification that the lawyers resolu¬tion conference was held and shall advise whether or not the case was settled. The dates in the scheduling order shall not be changed absent Court order upon a showing of good cause. MOTIONS FOR CONTINUANCE FOR DATES 90 DAYS BEYOND THE ORIGINAL SCHEDULING DATE IN ANY SCHEDULING ORDER SHALL BE SUBMITTED IN WRITING, SUPPORTED BY AFFIDAVIT, AND SHALL BEAR THE SIGNATURES OF ALL THE PARTIES. The Order (Exhibit "A") directing filing of a Scheduling Order (Exhibit "B") shall advise the parties that failure to submit an agreedupon scheduling order shall result in the Court issuing a scheduling order sua sponte which will be substantially as set forth in Exhibit "C". Unless otherwise ordered by the Court, the time set for filing the pretrial order shall be after pretrial motions have been filed but before the master-supervised settlement conference is held pursuant to Rule 9 of these rules. This will allow pretrial motions to be ruled upon prior to the holding of the master-supervised settlement conference. B. Exemptions. Pursuant to Rule 16(b), M.R.Civ.P., the following matters are exempt from the discovery procedure required by this Rule unless such a case becomes a contested case: (1) juvenile cases; (2) URESA actions; (3) dependent and neglect cases; (4) abstracts and transcript of judgment; (5) adoptions; (6) sanity; (7) probates; (8) criminal cases (included to eliminate the possibility of confusion); (9) small claims appeals; (10) administrative appeals (11) seizures and forfeitures; (12) habeas corpus; (13) name changes; and (14) conservatorships and guardianships. Discovery in the above matters shall proceed according to orders issued in each case.

Rule 9 - Settlement Conferences

A. Settlement Conferences Required. In each civil case, there will be two settlement conferences, the holding of which will be required before a case may be set for trial. The first is a lawyers resolution conference and the second is a master-supervised settlement conference, both of which are provided for in the Scheduling Order prepared and issued in accordance with Rule 8 of the Local Rules. (Exhibit "B" and Exhibit "C".) B. Settlement Conference Coordinator. The District Judges have designated a coordinator for master-supervised settlement conferences. The coordinator is responsible for developing and main¬taining a list of Court-approved settlement masters and shall be the contact person and coordinator for assignment of settlement masters and scheduling of master-supervised settlement conferences. C. Master-Supervised Settlement Conference. The mastersupervised settlement conference may be held at any time upon stipulation of the parties or order of the Court. Unless otherwise agreed, the conference shall be held after submission of the pretrial order. The Court shall issue a separate order governing the scheduling of the master-supervised settlement conference, the choosing of the settlement master and payment therefore. (Exhibit "D") Fees are waived when the Court has approved an Affidavit of Inability to Pay Filing Fees.

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Counsel who will try the case and all parties must attend in person. Out-of-area corporations or insurance companies must have a representative present in person or via speaker phone, unless personal attendance is ordered by the Court upon a showing of good cause. All participants must have requisite settlement authority. The parties shall agree upon responsibility for payment of the fees charged by the settlement master. D. Pro-Bono Settlement Masters/Mediators for Indigent Parties. The Western Montana Bar Association (WMBA) Pro Bono Committee has established two ways to provide free legal services to indigent parties. One is to provide a pro bono attorney for a settlement conference and one is to provide a lawyer to represent a party in a case. In order for a party to qualify for these services, an Affidavit of Inability to Pay Filing Fees and Other Costs and Order must be filed in the cause of action. If the Court determines the case requires the assistance only an attorney can provide, the Court will contact the WMBA and request a pro bono settlement master or attorney. A request from a party or the Court does not guarantee an attorney will be available, but the Court understands that a reasonable effort will be made by the WMBA Pro Bono Program to place eligible clients. The Fourth Judicial District also provides pro bono credit at the Missoula County Self-Help Law Center for attorneys providing legal information. Some departments recognize pro bono credits for guardian ad litem services. E. Report of the Settlement Master. Cases Settled: Upon completion of the master-supervised settlement conference, the settlement master shall immediately contact the Judge’s secretary to advise that the case has settled so that any action on court hearings or pending motions can be halted. The settlement master shall submit, on a form provided by the Court (Exhibit "E"), a report of the conference and its settlement results. The report shall be filed with copies to the Judge, all counsel of record and any parties not represented by counsel. Cases Not Settled: Within five days of the completion of the master-supervised settlement conference, the settlement master shall submit, on a form provided by the Court a report of the conference and its result. The report shall be filed with copies to the Judge, all counsel of record and any parties not represented by counsel. In the event that the case is not settled, the form shall also state the follow¬ing informa¬tion obtained from counsel for the parties: (1) the length of time anticipated to be necessary for trial; (2) dates counsel or key witnesses are legitimately unavailable for trial; (3) any special requests or needs regarding trial. (4) costs of settlement master shall be included in the final judgment, however, the settlement master should be paid 50% by each party at the time of the settlement conference. Costs of settlement master shall be included in the final judgment; however, the settlement master should be paid 50% by each party at the time of the settlement conference. Cases will be set for trial upon submission of the settlement master's report. No case will be set for trial without a mastersuper¬vised settlement conference unless specifically provided by Court order upon motion and showing of good cause. F. Proceedings Confidential. No person present at a settlement conference, including the settle¬ment master, shall be subject to examination concerning statements made by any person at the settlement conference. The parties will not subpoena or otherwise require the settlement master to testify regarding the settlement conference or the settlement master's opinions regarding the case.

Rule 10 - Trials and Trial Settings A. Trial Dates. Trial dates shall be set by the scheduling clerk designated by each department upon submission of the report of the settlement master. All trials shall be assigned a date certain but may share that date with up to three other cases, each being assigned a first, second, third or fourth setting on the date certain. When submitting the pretrial order, counsel shall state in a cover letter any special requests regarding the trial setting, including dates that the parties or key witnesses are legitimately unavailable for trial, and the estimated length of trial. In addition, the report of the settlement master will state the estimated length of trial and dates key witnesses and parties are legiti¬mately unavailable for trial. B. Settlement Conference Mandatory. No case may be tried unless it has been through a lawyers resolution conference and


Note: contact the local District Court for any exhibits or forms referred to within these pages. J. Six Person Juries. Pursuant to §3-15-106, M.C.A., in all civil actions where the relief sought in the Complaint is under the sum of $10,000.¬00, the trial jury shall consist of six persons. The parties may stipulate to six-person juries in other civil cases. K. Voir Dire Examination. Voir dire examination in civil cases shall be limited to one hour on each side unless additional time is requested before trial. Only one attorney for each party shall be allowed to question the prospective jurors on voir dire. The only proper purpose of voir dire of jurors is to select a panel who will fairly and impartially hear the evidence presented and render a just verdict and to determine the grounds for any challenge for cause therefore: Counsel will not: (1) Ask any questions of an individual juror that are susceptible of being asked collectively. (2) Ask questions covered by and answered in juror questionnaire, except to explore some questionnaire answer in greater depth. (3) Repeat questions asked and answered, even though asked by opposing counsel. (4) Use voir dire for the purpose of attempting to instruct the jury on the law. That is the Court's function. (5) Use voir dire for the purpose of arguing the case. (6) Ask a juror what his or her verdict might be under any hypothetical situation based on any expected evidence or otherwise. Upon failure of counsel to abide by this rule, the Court may assume voir dire of the jury. In such case, the Court may require counsel to submit in writing specific questions to be asked by the Court.

Rule 11 - Criminal Actions A. Use of Forms. An Acknowledgment of Rights form shall be presented to the Court by defense counsel at the time of arraignment. A Plea of Guilty and Waiver of Rights form shall be presented to the Court by defense counsel at the time of a guilty plea. The Court shall prepare and make available through the Clerk of Court the approved forms. Forms for Plea Agreements may also be prepared and made available. B. Omnibus Hearings; Use of Stipulations. Omnibus hearings or a case schedule submitted on an Omnibus form shall be ordered by the Court after entry of a not guilty plea. Prior to the time set for omnibus hearings, counsel for the prosecution and defense shall meet privately and attempt to stipulate to a Court-approved omnibus form which shall be submitted for final approval by the Court prior to the date of the omnibus hearing. Upon approval of the omnibus form, that hearing shall be vacated and trial date set by the Court together with any appropriate deadlines. C. Plea Bargain Negotiations. (1) Before the date of the omnibus hearing or other joint conference with the Court, the prosecutor and defense counsel must enter into plea negotiations. The Omnibus check sh¬eet shall include a declara¬tion that the parties have discussed a possible plea agreement. (2) Each department shall schedule pre-trial/status conference and trial date in an effort to avoid conflict, showing preference for incarcerated Defendants. (3) Each department may prepare a trial calendar before the first trial date. Within ten days of publication of the trial calendar in any depart¬ment, the prosecutor and the defense counsel shall enter into good faith plea bargaining negotiations in each case not yet resolved. By the 10th day, the parties in each case must: a) request that the case be set on the calendar for change of plea; or b) file a motion to continue over term and a waiver of speedy trial; or c) file a Request for Calling of Jury which will notify the Court that no plea bargained resolution is contem¬plated; or d) if a specific trial date is established by the Court other pretrial deadlines may be established. D. Judgment To Include Imposition of Costs of Prosecution, Etc. Pursuant to §46-18-232 and §25-10-201(9), M.C.A., which allows as costs reasonable and necessary expenses as are taxable according to the course and practice of the Court; and it being the practice in this district to allow reasonable costs of prosecution, the judgment in every

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master-supervised settle¬ment conference as required by these rules. This require¬ment may be waived only upon motion and order of the Court. C. Trial Schedules. Jury and non-jury trials shall be scheduled by the Court throughout the year as time is available. D. Advising the Court of Settlement is Mandatory. When a case set for trial is settled, the parties must immediately advise the Court or scheduling clerk of that fact. Failure to do so may result in imposition of sanc¬tions. In addition, the Court may impose monetary sanctions sufficient to reim¬burse the Clerk of Court for any expenditures incurred by the Clerk of Court if a jury trial is settled or continued within 72 hours of its scheduled time. E. Findings of Fact and Conclusions of Law. Proposed findings of fact and conclusions of law shall be submitted when required in a format for signature by the Court, together with a copy for the Court. A transmittal sheet shall accompany the findings indicating the party submitting the findings and that the findings were served upon all parties. Where possible a CD compati¬ble with Microsoft Word shall accompany the findings. F. Trial Briefs. Trial briefs must be served upon opposing counsel no less than five days before commencement of trial. Trial briefs will not be filed as perma¬nent Court records except by order of the Court, in which event the clerk shall file and docket the trial briefs as with any other pleading and then place them in the Court file. Thirty days after a final judgment has been issued, where the time for appeal has expired or the questions on appeal are finally resolved, the clerk will notify counsel that all discovery materials and trial briefs will be removed from the Court files and destroyed unless retrieved by counsel within thirty days of the date of the notice. G (1) Electronic Courtroom. To facilitate greater efficiency and enhance the juries’ ability to view exhibits contemporaneously, the Court has implemented an electronic trial system. The Court may require parties to use the electronic courtroom for a trial, particularly where a large number of exhibits will be presented, or where audiovisual exhibits or demonstrations are to be shown. Counsel may also request trial in the electronic courtroom. Counsel shall contact the Court Administrator for a demonstration to familiarize themselves with the electronic courtroom’s operation well in advance of trial. (2) Video Conferencing. All courtrooms are video-conferencing capable. We are able to connect with many district courts across the state. Additionally, we are often able to video conference with other sites within Montana and out of state. A scheduled hearing in which video conferencing is employed is generally at no cost to the parties if it is from courthouse to courthouse. This includes hearings in other venues where counsel have been given prior leave to appear via the video system. The system may also be reserved for depositions or other matters at a reasonable cost. For all matters in which a Judge of the Fourth Judicial District is not presiding, parties must contact the Clerk of Court to check for courtroom and video system availability. H. Jury Panels. The District Judges shall, at least thirty days prior to the commencement of the jury term, draw a panel of jurors to be used by all Judges. The clerk shall inform the Judges when a panel is required. The normal jury term is September through August. The clerk shall, upon a juror's service on a trial, remove that juror's name from the panel (unless requested to by the juror to serve on more panels). Any juror who comes in for selection of a case and who is not called to serve on the trial, shall have their name put back into the panel for further selection. FullCourt Jury is approved as the District Court’s computerized random selection process and satisfactorily fulfills the requirements for drawing trial jurors. I. Jury Instructions. Proposed jury instructions in a civil case shall be presented to the Court and served upon each adverse party within five days prior to the trial set be the Court. The original and one copy of each instruction proposed must be furnished to the Court, along with a CD of the instructions in Word. The copies submitted to the Court shall be numbered consecutively, specify the party on whose behalf they are requested, and include a citation of authority supporting the statement of law therein. The original shall be “clean,” i.e., bear no citation. The Court may receive additional proposed instruc¬tions relating to ques¬tions arising during the trial at any time prior to completion of settlement of jury instructions. Proposed forms of verdict must be submitted by each party at the same time and in the same manner as jury instructions.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. criminal case, unless otherwise ordered by the Court, shall provide that a convicted Defendant shall pay as the cost of prosecution: (1) $100.00 (or the current amount set) in each case which includes a felony charge; (2) $50.00 (or the current amount set) in each case in which only a misdemeanor is charged; or, in the case where the Defendant has been convicted of issuing bad checks: the sum of the greater of $10.00 per check or 10% of the value of any check written by the Defendant. (3) If a Defendant is represented by a Public Defender, the Defendant shall pay Public Defender fees in the amount of $500.00, in accordance with §46-8-113, M.C.A. Public Defender fees shall be paid to the Office of the Public Defender, 44 W. Park, Butte, MT 59701, for deposit in the Public Defender Account, as provided for in §47-1-110, M.C.A. E. Related Criminal Cases. In the efficient administration of justice, the Judges of the Fourth Judicial District direct the County Attorney's Office, when filing a new criminal case, to bring to the attention of the Clerk of Court any Cause Numbers or active judgments filed previously for that particular Defendant. The Clerk of Court shall also cross check for names when filing a new criminal file, bringing to the attention of the Judge in jurisdiction for the new criminal case filing all files related to that Defendant so, as far as is practically feasible, one Judge may preside over that particular Defendant. F. Judges to Include Costs of Incarceration. (See statute.) G. Pretrial Supervision Fees. If applicable Pretrial Supervision Fees shall be included in the judgment and shall be paid through the Clerk of Court’s office. The Clerk of Court shall disburse said fees to Missoula Correctional Services Pretrial Supervision Program on a monthly basis. H. Appointment of Counsel – State Public Defender System. The eligibility to request representation by the statewide Public Defender system must be determined in accordance with M.C.A. Title 47 – Access to Legal Services.

Rule 12 - Domestic Actions A. Parenting Orientation Program. Pursuant to §40-4-226, M.C.A., the Judges of the Fourth Judicial District have determined that it is in the best interests of the minor child(ren) that parties involved in a dissolution of marriage or parenting plan amendment (including child support and other actions) attend a Parenting Plan Orientation program. This program is a free service of the Court and is mandatory for both parents. It is held on every third Thursday of the month from 4:30-6:00. The case can not proceed to final hearing until proof of attendance from each party has been filed in the case record. (Exhibit “M”) B. Modification of Decree. Hearing on a modification of a decree of dissolution shall be held before the Judge of the depart¬ment who heard the dissolution action and signed the decree. C. Execution for Support Payments. The Clerk of Court shall not issue any execution for support or alimony payments due under any decree of dissolution unless supported by affidavit affirmatively showing the parties have not entered into any arrangements not contemplated by the decree of dissolution, that they are not living together, and that the payments are delinquent. Details of the delin¬quency must be specifically set forth. D. Custody Evaluations, Guardian Ad Litem. Fees for professional services ordered by the Court shall be equitably apportioned. The bench and bar will endeavor to establish procedures and guidelines to ensure that all parties and children, regardless of wealth, receive necessary services, evaluations and representation in dissolution proceedings. E. Assumption of Cases Involving Families and Children by One Department. In order to better serve the needs of families and children as well as efficient administration of justice, the Judges of the Fourth Judicial District direct that cases involving families/children and/or conservators/guardianships be consolidated so that one Judge be in jurisdiction of all related civil and criminal proceedings. Some examples of cases which would be consolidated pursuant to this Rule are: (1) conservatorship civil proceeding (2) civil commitment proceeding (3) juvenile proceeding (4) criminal cases involving domestic violence or other violence which affects or impacts the child directly

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(5) abuse/neglect cases and adoptions (6) dissolutions In those instances where related cases have been filed in different departments, the cases shall be assumed by the Court in jurisdiction which has the lowest number, but remain separate causes for filing of the pleadings. Such assumption by one department will insure consistent and fully informed decisions concerning families. F. Child Visitation Guidelines. The District Court has adopted Montana Fourth Judicial District Child Visitation Guidelines, attached hereto as Exhibit "K". G. State Case Registry and Vital Statistics Reporting Form. No domestic relations case shall proceed to final hearing until the current Montana State Case Registry and Vital Statistics Reporting Form has been filled out by both parties and submitted to the Clerk of Court for filing.

Rule 13 - Probate and Adoption Matters A. Adoption Investigation. In all adoption matters the investigation required by §40-8-122(1), M.C.A. (1985) will be ordered by the Court. It is the obligation of counsel to present to the Court an order for such an investigation. The investiga¬tion will then be considered for waiver by the Court of the Department of Social and Rehabilita¬tive Services if the petitioner is a step-parent or a member of the child's extended family. Whenever the Court signs an order for such an investiga¬tion by the State Department of Social and Rehabilitative Services, it shall be the duty of counsel to mail or deliver a conformed copy of the Petition for Adoption and the Order for Investigation to:

State Department of Social and Rehabilitative Services 1018 Burlington Ave. Missoula, Montana 59801

B. Payment of Fees. The amount and payment of administrator, personal representative, conservator, guardian and attorneys' fees shall be governed by the Montana Uniform Probate Code, as amended from time to time. C. Petition for Probate of Will. Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached. The original must be filed with the clerk. The Personal Representative shall either (a) file the certificate required by §72 3 1006 or (b) file a declaration, either separately or in the Petition for Distribution, stating that the filing of a federal estate tax return was not required in the estate.

Rule 14 - Witnesses

A. Examination Limited. On the examination of witnesses, only one attorney upon each side will be permitted to examine or cross examine the same witness, except by permission of the Court first asked and obtained. If the attorney of either party offers himself as a witness in behalf of his client, and gives evidence on the merits of the trial, he shall not argue the case to the jury, except by permis¬sion of the Court. B. Discharge of a Witness. A party having a witness subpoe¬naed in a civil cause may discharge the witness by motion made in open Court. If an adverse party desires such witness to remain, the adverse party must procure the witness's further attendance by subpoena or order of the Court, and shall there¬after be responsible to the witness for the fees.

Rule 15 - Stipulations

No agreement or consent between the parties, or their attorneys, shall be accepted by the Court unless made in open Court, and taken down by the Court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney. It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

Rule 16 - Cash Bail and Bail Bonds

A. Whenever cash bail is delivered to any Clerk of Court, justice of the peace, or municipal Judge, the cash must, as soon as possible, be deposit¬ed in a special account with some finan¬cial institution where checks, war¬rants, or drafts can be drawn on the account for the transfer of funds.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 17 - Priority Ranking of Payment Fines & Fees Unless otherwise specifically ordered by a Judge in a judgment regarding punishments imposed on a convicted criminal Defendant, the Clerk of Court in each county in the Fourth Judicial District shall establish separate accounts for all categories of payment ordered by the Judge and distribute payments received from the Defendant to these accounts in the following priority order: (1) Restitution (if ordered) (2) County Attorney Longevity Pay Surcharge (3) Recoupment - Including: (a) Repayment of Cost of Prosecution (b) Repayment of Cost of Public Defense Attorney (c) Repayment of Cost of Calling a Jury (d) Repayment of Extradition Charges (e) Medical Expenses During Incarceration (f) Costs of Incarceration (4) Drug Fund (5) Fine (6) Other fees and charges Unless specifically waived by a Judge, each Defendant will be informed in writing by the office of the County Attorney of the amount of the County Attorney longevity pay surcharge to be paid by the Defendant. Rule 18 - Outside Judge When an out-of-county Judge will be presiding in any trial, or any hearing or motion therein, civil or criminal, it shall be the duty of counsel to make arrangements (file notice) with the local clerk in charge of outside Judges for any personnel or facilities necessary for the orderly disposition of the proceeding.

Rule 19 - Absence or Disability of Judge The work of the district shall be interchangeable between the Judges thereof during the absence or disability of any of them or upon the request of any Judge. During the absence of any Judge, the Judges present and presiding, or any of them, may enter orders and made disposition, temporary or final, of any case or matter pending before the absent Judge. However, when any order is made for a hearing to be had thereafter, the Judge present and presiding shall make the order returnable before the Judge to whom it is assigned. Thereafter, it shall be the duty of counsel to consult with the assigned Judge to either confirm or reset the hearing date fixed.

Rule 20 - Non-Resident Attorney An attorney seeking to be admitted to practice before this Court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest Courts of another State, must at the time of his/her first appearance in a District Court in Montana, or within ten days thereafter, and before any further proceedings are had in the matter, join with, of record, an attorney who is admitted to practice in Montana and who is a resident of Montana. All admissions pro hac vice shall be recorded by the Clerk of Court in the action in which the non-resident attorney is appearing.

Rule 21 - Attorneys A. Authority as Attorney. In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless he has written authority from his client or unless the party has personally signed the pleadings filed by the attorney. B. Withdrawal by Attorney. Except as provided in Rule 21D hereof, no attorneys may withdraw from any case, civil or criminal, except by consent of the client and/or by leave of Court after notice has been served on the parties and opposing counsel. This provision is subject to §§37-61-403 through 37-61-405, M.C.A., and Uniform District Court Rule 10. C. Attorney Fees. In all civil cases, contested or uncontested, where attorney's fees are requested in the pleadings, there must be competent evidence submitted to the Court from which the Court can determine reasonable attorney fees for the services rendered. The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim. The opposing party shall within ten (10) days thereafter file objections and a request for a hearing thereon. Failure to file such an objection and request shall be deemed a waiver of the right to a hearing on fees. In a contested proceeding, receipt of evidence pertaining to attorney's fees shall be deferred until a final decision or order on the merits of the case has been issued by the Court. D. Release of Counsel of Record on Notice. When a final disposition has been made of any case and the time for appeal has expired, all counsel of record shall be automatically relieved of their duties as counsel of record provided they first file a notice of termination with the Clerk of Court and serve the same on opposing counsel and their client. Thereafter if any further proceedings are filed therein, notice must be served on the adverse party as provided in Rule 4(D), Montana Rules of Civil Procedure.

Rule 22 - Dismissal of Action for Laches The Clerk of Court will, on a quarterly basis, bring to the attention of the Judge in whose department it is filed any cause which the pleadings show at issue for more than three years. An order to show cause for failure of prosecution will be issued, and the Court may dismiss the case upon good cause.

Rule 23 - Warrants for Contempt and Temporary Restraining Orders

Two originals of any warrant for contempt, temporary restraining order or like order shall be presented to the Judge. One shall be signed by the Judge as the original order and retained as part of the Court file. The other shall be issued by the clerk and shall be used for the purpose of making service.

~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~ Rule Section ~

B. Whenever bail has been set by and furnished to a justice of the peace or municipal Judge and the cause in which the bail was furnished is being trans¬ferred to the District Court, the following must be followed: At the time the papers transferring the case to the District Court are filed with the clerk of the court, the bail must also be delivered to the clerk. The amount and nature of the bail fur¬nished must be endorsed upon the order whereby the justice or Judge transfers the cause to the District Court. (1) If the bail furnished was cash bail, the justice or munici¬pal Judge must deposit a proper check, warrant or draft for the full amount of the bail. Upon receipt of the check, warrant or draft, the clerk of the Court must issue a trust fund receipt and deliver it to the justice of the peace or municipal Judge. (2) If the bail furnished was a bail bond or other bail as permitted by § 46-9-401, M.C.A., the justice of the peace or munici¬pal Judge must deliver the actual docu¬ments furnished as bail to the clerk of the district Court. Upon deposit of such bail, the clerk must issue a receipt specifying the documents received. C. Whenever bail has been set by and furnished to a justice of the peace in an action wherein the district Court has original trial jurisdiction, and the County Attorney elects to proceed in district Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (1) The County Attorney must, contemporaneously with the filing of the motion in district Court, file a written request with the justice of the peace asking that the bail be transferred to the district Court; (2) The County Attorney must deliver to the justice of the peace a dupli¬cate copy of such request; (3) The justice of the peace must forthwith endorse upon the original request and the duplicate copy the proper informa¬tion regarding the nature of the bail, and must forthwith transfer the bail to the district Court as provided in (1) or (2) above. The duplicate copy of the request must be filed with the clerk of district Court. (4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification. The funds will then be released to the posting party only, unless otherwise directed by the Court. Cash bonds posted by a Defendant may be applied (or at least a portion) to restitution, fines and fees prior to release.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 24 - Judgment on Written Instrument In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the Court, the clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date. The clerk shall sign the entry, attach the official seal, and file the instrument. The instrument shall not be removed except by the order of the Court in writing setting forth the facts of such removal.

Rule 25 - Rules of Decorum The District Court adopts the Fourth Judicial District Courtroom Decorum and Practice Guidelines attached hereby as Exhibit "L".

Rule 26 - Court Security Committee

There shall be a Court Security Committee whose members are: (1) All District Court Judges in Missoula County; (2) All justices of the peace in Missoula County; (3) A representative of the Missoula County Sheriff's D¬epartment; (4) A representative of the Missoula County Commissioners; (5) A representative of the Federation of Missoula County Employees; (6) A representative of the Western Montana Bar Association; (7) A representative of the general public designated by a majority vote of the Court Security Committee; (8) A representative of County Risk Management or insurance services. (9) A representative of the Montana Supreme Court Administrator’s Office. The Court Security Committee shall prepare a Court security policy, develop a Court security plan and provide continuous oversight of the imple¬mentation of the Court security plan.

Rule 27 - Family Violence Council

A. There will be a Family Violence Council whose purposes shall be: (1) To coordinate the efforts of government agencies, the Courts, victim services, advocacy groups, and others in¬volved in family violence issues. (2) To promote effective prevention, intervention and treatment techniques for persons involved in family violence. B. The District Judges of the Fourth Judicial District shall issue appropriate orders to establish and carry out the purposes of the Family Vio¬lence Council.

Rule 28 - Local Citizen Review Board Pursuant to §41-3-1001, et. seq., M.C.A., the Youth Court Judges of the Fourth Judicial District established a Pilot Local Citizen Review Board Program to review the case of each child assigned to foster care by the Youth Court of this District. The members of the Local Citizen Review Board shall have all powers set forth in the Local Citizen Review Board Pilot Act (§413-1001, et. seq., M.C.A.) and specifically have the power to inspect and/or copy any records relating to the children and parents who are placed in foster care by the Youth Court of this District. The members of the Local Citizen Review Board and their staff shall retain any information received from any source as confidential and will not disclose same except in reports to the Local Citizen Review Board, the Youth Court Judge and the parties in each foster care case. Any Youth Court Judge of this District may refer a specific foster care placement to the Local Citizen Review Board for its review. Members of the local Citizen Review Board shall serve at the pleasure of the Youth Court Judges of the Fourth Judicial District and are granted judicial immunity as agents of the Youth Court of the Fourth Judicial District.

Rule 29 - Media Guidelines Within the spirit of the First Amendment, media coverage of the trial of this cause shall be permitted under the following guidelines: TELEVISION & RADIO: No more than one camera will be permitted. It shall be located in a preselected position and operated by one cameraman. It will be the responsibility of each broadcast news representative to achieve an understanding as to who will function at any given time and as to how the coverage will be pooled. Permission

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for such coverage is on the condition that all representatives share in the pool arrangement. The television camera shall give no indication as to whether it is or is not operating. Sufficient film and/or tape capacities shall be available to alleviate film or tape changes except during Court recess. Microphones, if utilized, shall be limited to three: one near counsel table, one on the bench, and one near the witness chair. The television microphone shall also serve the radio media. All equipment shall be in place at least 15 minutes before each session. Broadcast coverage outside the Courtroom shall be handled with care and discretion, but need not be pooled. THE JURY VOIR DIRE PROCESS SHALL NOT BE TELEVISED. Jurors faces shall not be filmed, photographed or drawn. No witness or party who has expressed a prior objection shall be photographed, nor shall the testimony of such witness or party be broadcast or telecast. PRINT MEDIA: Representatives of the press, including still photographers, will be accommodated on a first-come basis, and position themselves in the spectator section. Photographers/reporters will not be permitted to roam the Courtroom. No flash cameras will be permitted and the cameras used shall operate with no distracting noise. There will be absolutely no interviews of jurors, witnesses, parties or officers of the Court (including attorneys) either in or out of Court. This rule applies to all the media. There will be no available telephones on the Courtroom floor. DRESS CODE: Representatives of the media shall not be dressed in a manner which would set them apart from other spectators. RESTROOM FACILITIES: The restrooms on the Courtroom floor are reserved for jurors and officers of the Court. MEDIA COORDINATOR: The Court will designate a Media Representative Coordinator in all media matters. Any questions and problems shall be presented to the Coordinator. All media representatives should register with the Coordinator prior to the trial. These guidelines are subject to such amendments as the media representative and the Court may from time to time deem necessary.

Rule 30 - Electronic Certification Court documents, including signatures, which relate to child support issues may be certified, compiled and copied onto a CDROM or laser disc. Each electronic entry bearing the notation "Fourth Judicial District Imaging Project" is a public record of the Fourth Judicial District and self-authenticated under Rule 902(4), Montana Rules of Evidence. The data is presumed to be correct. A hard copy of the original document will remain in the clerk's office in order to verify authentication.

Rule 31 - Miscellaneous Filings The Clerk of Court shall file each miscellaneous filing in its own separate cause of action and, pursuant to §25-1-201(1)(a) M.C.A., shall charge the $120 commencement of action filing fee. This includes but is not limited to Bond to Release a Construction Lien, Petition For Release of Excess Proceeds From a Trustee’s Sale, Issuance of Out of State Subpoena and Petition For Release of Certified Copy of Original Birth Certificate. DATED this ____ day of February, 2010. ED McLEAN District Judge, Dept. 1

ROBERT L. DESCHAMPS, III District Judge, Dept. 2

JOHN W. LARSON District Judge, Dept. 3

DOUGLAS G. HARKIN District Judge, Dept. 4


Note: contact the local District Court for any exhibits or forms referred to within these pages.

BEAVERHEAD, JEFFERSON, AND MADISON COUNTIES

Rule 1 - Law and Motion The typical schedule is: Monday - Madison County Tuesday & Thursday - Beaverhead County Wednesday - Jefferson County Counsel and parties should set and confirm hearing dates with the Clerk of Court. In the event counsel or parties encounter extreme difficulties because of the date selected, they should consult with the opponent and then advise the Court by stipulation or motion supported by brief and affidavit stating efforts to contact the opponent and the opponent's position.

Rule 2 - Pleadings & Motions 2. PLEADINGS & MOTIONS: 2.1 Briefs shall not exceed 20 pages without leave of the Court for good cause demonstrated. 2.2 The Clerk shall file documents other than a complaint or first amended complaint only when accompanied by proper documentation demonstrating service. Other documents shall be returned forthwith and without further order. 2.3 A demand for jury trial shall be included in the caption of the complaint or answer. 2.4 When an issue is fully submitted and ready for a decision from the Court, the moving party should file a Notice to bring the matter to the Judge's attention in the event a decision has not been rendered within 30 days.

Rule 3 - Attorneys 3.1 Pro Hac Vice - An attorney seeking to appear pro hac vice shall file a motion and proposed order accompanied by a copy of the State Bar of Montana Pro Hac Vice Application and confirmation correspondence from the Bar Admissions Administrator. 3.2 Release of Counsel of Record on Notice. After final disposition and the time for appeal has expired, all counsel shall be relieved of their duties as counsel of record provided they first file a Notice of Termination with the Clerk of Court and serve the same on opposing counsel and their client. Thereafter, notice must be served on the adverse party as provided in Rule 4(D), MRCP.

Rule 4 - No Appearance by Party Required No personal appearance by the parties shall be required in the following cases and under the circumstances specified: 1. Quiet Title Actions - Where an affidavit of the salient facts has been filed with the Court and the opponents are in default. 2. Probate of Estates - Where proper documentation has been filed and there is no objection from any interested party. 3. Dissolutions - a) there is filed a verified petition and/or uncontroverted affidavit including proof of service upon the opposing party b) Where both parties are represented by counsel or there is written certification that the opposing party recognizes that counsel is appearing only for one party and nonetheless decides to proceed without counsel c) there are notarized written agreements on all issues and d) a completed Vital Statistics form, judgment fee and proposed order accompanies documents.

Rule 5 - Default Judgments/Writs of Execution 5.1 Default judgments in collection actions shall include information on how interest has been calculated including, but not limited to, the interest rate, per diem and number of days accrued. 5.2 Writs of execution shall include information in accord with the format available at the Clerk of Court's office or in a substantially similar form.

Rule 6 - General Provisions 6.1 There shall be no food or drink in the Courtroom except for water in suitable containers. 6.2 Cell phones shall be allowed in the Courtroom only when turned off. 6.3 Persons who remove books or materials from a County Law Library shall leave a note on the shelf which contains the following information: 1) Name and address 2) title of book/material 3) removal date.

Rule 7 - Settlement Conferences Or Mediations

Settlement Conference Required. In each civil case subject to a Scheduling Order a Settlement Conference is required before a case may be tried, unless a stipulation waiving settlement conference is executed by all counsel of record and any unrepresented party, is filed and is approved by the Court. Counsel who will try the case and all parties shall attend in person. Out-of-area corporations or insurance companies shall have a representative present. Participants must have settlement authority.

Rule 8 - Trials

8.1 Jury Instructions. The parties shall supply the Court with proposed jury instructions by electronic mail to dkaatz@mt.gov. Instructions shall be numbered and shall have the authority for the instruction printed at the bottom or on a second page. 8.2 All exhibits shall be pre-marked and exchanged before hearings or trial. Plaintiff/Petitioner shall mark exhibits numerically and Defendant/ Respondent shall mark exhibits alphabetically. 8.3 For bench trials the parties shall supply the Court with proposed findings and conclusions by electronic mail to dkaatz@mt.gov.

Rule 9 - Weapons Only on-duty law enforcement officers or court security personnel shall possess firearms, knives, or other weapons in the Courtroom. Anyone wishing to enter the courtroom may be required to submit to a search of their person or belongings by security personnel.

Rule 10 - Child Support Guidelines Requirements In any case in which the Court will be requested to issue an order setting or modifying child support, the parent's financial affidavits and uniform child support guidelines worksheets shall be filed with the Court before entry of any child support order.

Rule 11 - Parenting Plan Guidelines

11.1 A powerful cause of stress and suffering for children is not simply the divorce itself, but continuing conflict between the parents before, during and after the divorce. The parents should agree on a parenting arrangement for frequent and meaningful contact with both parents with as little conflict as possible. The ideal arrangement is for the parents to develop their own parenting plan. The following guidelines will help the parents in knowing what the presiding judge in the Fifth Judicial District believes is generally reasonable, unless special circumstances require a different arrangement. In the event the parenting plan becomes an issue in court, the judge will order whatever parenting plan best meets the needs of the children. Parents may be required to attend information sessions on the impact of their divorce upon children. Parents always should avoid speaking negatively about the other and should firmly discourage such conduct by others. Each parent should encourage the children to respect the other. Children should never be used by one parent to spy on the other. The basic rules of conduct and discipline established by the custodial parent should be the minimum standard for both parents and step-parents and should be consistently enforced by all so that the children do not receive mixed signals. Children benefit from continued contact with relatives and friends on both sides of the family. Such relationships should be protected and encouraged. Relatives must avoid being critical of either parent in the presence of the children. In Montana, grandparents have a legal right to reasonable visitation. Usually the children will visit with the paternal relatives during times the children are with their father and with the maternal relatives during times they are with their mother. Where both parents resided in the same community at the time of separation and then one parent left the area, the Court may, in a proper case, consider imposing the travel costs on the parent who moved.

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MONTANA FIFTH JUDICIAL DISTRICT COURT RULES

85 Š2011 Lawyers’ Deskbook & Directory


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Note: contact the local District Court for any exhibits or forms referred to within these pages. 11.2 Parental Communication. Parents should always keep each other advised of their home and work addresses and telephone numbers. As far as possible, all communication concerning the children should be conducted between the parents themselves at their residences and not at their places of employment. 11.3 Grade Reports and Medical Information. Each parent shall provide the other parent with grade reports and notices from school as they are received. School(s) shall be notified of the split households and advised to send children's school documents to each parent. Each parent shall immediately notify the other of any medical emergencies or serious illnesses of the children. Each parent shall notify the other parent of all events involving parental participation. If a child is taking medication, each parent shall provide a sufficient amount and instructions during time with the other parent. 11.4 Parenting Time Clothing. Each parent shall send an appropriate supply of clothing with the children for their time with the other parent. These clothes are the children's clothes, and shall be returned clean (when reasonably possible) with the children. Each parent shall advise, as far in advance as possible, of any special activities so that the appropriate clothing may be sent. 11.5 Withholding Support or Scheduled Parenting Time. Neither parenting time nor child support shall be withheld because of the other parent's failure to comply with a court order. Children have a right both to support and time with each parent, neither of which is dependent upon the other. No support does not mean no parenting time and no parenting time does not mean no support. If there is a violation of either parenting time or a support order, the exclusive remedy is to apply to the Court for sanctions. 11.6 Adjustments in the Parenting Time Schedule. Parents should modify parenting time when family necessities, illnesses, or commitments reasonably require. The requesting parent shall give as much notice as circumstances permit. 11.7 Each Parent's Vacation. Unless otherwise specified in a court order or agreed each parent is entitled to a vacation with the children, usually equal to the vacation time spent with the other parent. 11.8 Insurance Forms. The parent who has medical insurance coverage for the children shall supply insurance forms and a list of approved health care providers in the area where the other parent is residing. A parent who, except in an emergency, takes the children to an unapproved provider should pay the additional cost created. When there is an obligation to pay medical expenses, the parent responsible shall be promptly furnished with the bill by the other. The parents shall cooperate in submitting bills to insurance carriers. The parent responsible for paying the balance of the bill shall make arrangements directly with the provider and shall inform the other parent of such arrangements. Insurance refunds should be delivered promptly to the parent who is entitled to it. 11.9 Missed Parenting Time. Each parent shall notify the other parent when a scheduled parenting time cannot occur. Missed parenting time shall not be replaced unless mutually agreed upon by the parties. 11.10 Parenting Time with Siblings. Unless a court order or circumstances such as age, illness, or the particular event suggest otherwise, all the children shall participate in parenting time. 11.11 Telephone Communication. Telephone calls between parent and child shall be liberally permitted at all reasonable hours and at the expense of the calling parent. The children may call at the long distance cost of the parent called. A parent shall not refuse to answer the telephone or turn off the telephone to deny the other parent telephone contact. Messages left for the child should be returned promptly. Parents should agree on a specified time for calls so that the children will be available. 11.12 Mail Contact. Parents have an unrestricted right to send cards, letters, and packages to their children. The children also have the same right with their parents. 11.13 Privacy of Residence. A parent may not enter the residence of the other except by invitation. Parents should refrain from surprise visits to the other parent's home. 11.14 Infants & Toddlers. Infants (children under eighteen months of age) and toddlers (eighteen months to three years) have a great need for continuous contact with parents who provide a sense of security, nurturing, and predictability. 11.15 Children in Day Care. In families where a child has been in day care prior to the parental separation, the child may be able to tolerate flexible visits earlier because the child is more accustomed to separations from both parents. The parent who exercises non-residential parenting time with a child under five should be present the whole time. If the

86 Š2011 Lawyers’ Deskbook & Directory

parent cannot be with the child personally, the child should be returned to the other parent. 11.16 Day Care Providers. When parents reside in the same community, they should use the same day care provider. To the extent possible the parents should rely on each other to care for the children when the other parent is unavailable. 11.17 Special Circumstances. a. Substance Abuse. Parenting time should not occur when the parent is abusing drugs/alcohol. b. Long Interruption of Contact. In those situations where one parent has not had an ongoing relationship for an extended period, parenting time should begin with brief visits and a gradual transition to the parenting time schedules suggested in these guidelines. c. A Parent's New Relationship. Parents should not expose the children too quickly to new relationships while they are still adjusting to the trauma of separation and divorce. d. Religion and Culture. Parents should respect their children's needs to be raised in their faith and in keeping with their cultural heritage.

Rule 12 - Parenting Time 12.1 Weekends. From Friday at 5:30 p.m. to Sunday at 7:00 p.m. (the starting and ending times may change by stipulation to fit the parents' schedules) or an equivalent period of time if the parent exercising parenting time is not available on weekends and the child does not miss school. In addition, if time and distance allow, one or two midweek visits. 12.2 Mother's Day-Father's Day. The children are with their mother each Mother's Day weekend and with their father each Father's Day weekend. 12.3 Extended Parenting Time. One-half of the school summer vacation. If the child goes to summer school and it is impossible for the other parent to schedule parenting time other than during summer school, that parent may elect to take the time when the child is in summer school and transport the child to the summer school session at the child's school or an equivalent summer school session in that parent's community. Summer parenting time supersedes children's summer activities. 12.4 Christmas Vacation. One-half of the school Christmas vacation, a period which begins the evening the child is released from school and continues to the evening of the day before the child will return to school. 12.5 Holidays. Parents should alternate the following holiday weekends: Easter, Memorial Day, the 4th of July, Labor Day and Thanksgiving. Thanksgiving will begin on Wednesday evening and end on Sunday evening. Memorial Day and Labor Day Weekends will begin on Friday and end on Monday evening. Easter weekend begins on Thursday evening and ends on Sunday evening. The 4th of July, when it does not fall on a weekend, shall include the weekend closest to the 4th. Holiday weekends begin at 5:30 p.m. and end at 7 p.m. on the appropriate days. 12.6 Children's Birthdays. A child's birthday should be alternated annually between the parents. If the birthday falls on a school day, it should be celebrated 3 p.m. to 9 p.m. 12.7 Conflicts Between Regular and Holiday Weekends. When there is a conflict between a holiday weekend and a regular weekend parenting time, the holiday takes precedence. If a parent receives two consecutive weekends because of a holiday, alternating parenting time resumes the following weekend with the other parent. 12.8 Parenting Time Before and During Vacations. There is no alternate parenting time the weekend(s) before the beginning of a parent's summer vacation scheduled parenting time, regardless of whose weekend it may be. Similarly, alternating weekend parenting time(s) shall resume the second weekend after each period of summer vacation. Weekend parenting time "missed" during the summer vacation period will not be "made up." . 12.9 Notice of Canceled Parenting Time. Whenever possible, the parent unable to exercise parenting time, shall give three days notice to the other. 12.10 Pick Up and Return of Children. The responsibility of picking up and returning the children should be shared. Both parents have an obligation to be punctual. 12.11 Additional Parenting Time. Parenting time should be liberal and flexible. 12.12 Adolescents. Parents should honestly and fairly consider their teenager's wishes regarding parenting time. Neither parent should attempt to pressure their teenager to make a parenting time decision adverse to the other parent. Teenagers should explain the reasons for their wishes directly to the affected parent without intervention by the other parent. Amended October 25, 2006


Note: contact the local District Court for any exhibits or forms referred to within these pages.

PARK AND SWEET GRASS COUNTIES These rules supplement the Montana Rules of Civil Procedure ("MRCP"), the Uniform District Court Rules ("UDCR"), and applicable statutory and case law.

Rule 1 - Assignment of Cases The District Court of the Sixth Judicial District has assumed full jurisdiction of all cases on file with the Sixth Judicial District in Park and Sweet Grass Counties as of January 3, 1995, except for those cases which the Court elects to transfer to outside Courts where grounds for judicial disqualification exist or those in which the presiding Court is disqualified by one of the parties thereto within the time allowed by law. In addition, the Court may assign existing cases to outside Courts in those cases where such assignment is required in the interest of judicial economy.

Rule 2 - Law and Motion A. Monday/Tuesday. Mondays are law and motion days in Park County, and the second and fourth Tuesdays of each month are law and motion days in Sweet Grass County. Court shall convene on law and motion day at 9:00 a.m. in Livingston and 9:30 a.m. in Big Timber. When law and motion days fall on an official holiday, the law and motion calendar shall be continued to the next scheduled law and motion day. B. Uncontested Matters. All uncontested matters, judgments by default, probate proceedings, and other matters pertaining to questions of law not involving contested questions of fact shall be heard on law and motion days. Contested matters involving questions of fact will not be heard on law and motion day without written approval of the Court but will be set as to day and time by order of Court as provided in Rule 3. C. Open Court. All matters presented to the Court shall be heard in open court, except for adoption hearings (Section 40-8-126, MCA), hearings and trials under the Uniform Parentage Act (Sections 40-6-111 and 40-6-120 MCA), and those other matters required to be closed by law or allowed to be closed in the interests of justice. D. Calendar Preparation. Counsel must notify the Park County Clerk of Court, the Court Administrator and opposing counsel by 10:00 a.m. each Thursday of matters to be placed on the law and motion calendar or set for hearing the following week. The matters filed shall be listed by the Clerk on a weekly law and motion calendar in the following order: 9:00 a.m.-- criminal matters; 10:00 a.m.- adoption, probate and miscellaneous civil matters; and 10:30 a.m.-- youth court matters. Counsel must notify the Sweet Grass Clerk of Court by noon on Friday of matters to be placed on the law and motion calendar of the following Tuesday on which the Court will be in session. Matters to be heard in Sweet Grass County shall be set by the Clerk of Court. E. Contested Matters. Any matter set for the law and motion calendar which proves to be contested is subject to postponement and shall be set on the contested calendar. F. Document Presentation. 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. G. Ex Parte Matters. Ex parte motions are not favored. Emergency matters requiring the Court's attention may be mailed or delivered to the court with a request for the Court's immediate attention. No ex parte matter will be considered if the opposing party is represented by counsel or if the opposing party's location is known but that party has not been served. No ex parte family law matters will be considered without demonstrating clear and convincing evidence of imminent physical or mental harm. Any ex parte motion must be accompanied by a proposed order setting a time and date for further hearing.

Rule 3 - Motions, Briefs, and Hearings

A. Motion Procedure. All motions filed shall be ruled on pursuant to Rule 2, UDCR. All procedural motions shall be accompanied by a proposed Order. B. Oral Arguments. Oral Arguments on motions under Rule 56, MRCP shall be deemed mandatory unless waived by all parties. Oral argument will be set only by Court order and at the Court's discretion. Oral arguments on all other motions must be requested by a party, or the court

shall rule on written documents alone. i) If a motion is not ruled upon within thirty (30) days of the date the motion and all supporting and opposing briefs are fully submitted for ruling, counsel may request that the Court review the motion. ii) Counsel shall include with their motion a proposed Order granting oral argument if such is desired. In the event the Court determines that oral argument would be beneficial to ruling on a motion and orders oral argument, the moving party has the duty to obtain a hearing date and schedule such argument with the Court Administrator. The proposed Order granting oral argument shall include the date and time of argument or blanks for the Court to fill in the date and time. iii) Counsel shall include with all motions a proposed Order for the Court's signature as stated in Rule 3A. C. Continuances. Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with prior notice to all parties. All motions must be accompanied by an appropriate order for the Court's approval. D. Petitions to challenge license revocation or suspension pursuant to §61-8-403, M.C.A. When a petition to challenge a driver's license suspension or revocation is filed and, as a part of the petition, a request is made by petitioner, pursuant to §61-8-403(3), M.C.A., to return his or her driver's license pending the hearing, the request will indicate whether the petitioner has had any prior DUI or per se convictions and when they occurred.

Rule 4 - Orders, Judgments, or Decrees A. The party obtaining any Civil order, judgment, or decree must present the same in written form for the signature of the Court at the time of applying for the Order, Judgment, or Decree. When directed by the Court to prepare an order after hearing, the moving party shall prepare the order, unless another party is designated by the Court. Interlocutory orders must be circulated to all counsel, (or unrepresented parties), prior to presentation to the Court. Final orders must be circulated to all counsel, (or unrepresented parties), at least five (5) working days prior to presentation to the Court to allow for comment or objection. A notice of entry of judgment must be sent to the last known address of the parties in all cases, including joint dissolution proceedings and default judgments. B. Two (2) copies of any order to show cause, temporary restraining order, or like order shall be presented to the Court for signature. One shall be signed by the Court as an original order. One shall be conformed as part of the court files, and the other used for the purpose of making service. C. No Appearance by Party Required: No personal appearance by the parties shall be required in the following cases and under the circumstances specified: 1. Quiet Title Actions- Where facts are uncontroverted and an affidavit of the salient facts has been filed with the Court and the opponents are in default. 2. Probate of Estates- Where proper documentation has been supplied and there is no objection from any interested party. 3. Dissolutions- a) Where both parties are represented by counsel or there is written certification that the opposing party recognizes that counsel is appearing only for one party and nonetheless decides to proceed without counsel; or b) both parties file a waiver of appearance; and c) there are notarized written agreements on all issues; and d) a completed Vital Statistics form, judgment fee and proposed order accompanies documents.

Rule 5 - Service of Process and Papers Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in the MRCP or other applicable statute, shall be filed with the Clerk of Court promptly and, in any event, before any action is to be taken thereon by the Court or the parties. Proper service does not include placing copies in counsel's "box" in the Clerk of Court's office unless prior permission is obtained from counsel.

Rule 6 - Scheduling Conferences, Orders Discovery Rules

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A. When a case is at issue and all parties have been served and have answered, the Court Administrator will issue a scheduling order or shall schedule and conduct a Case Scheduling Conference. After such conference the Court will issue a Case Scheduling Order. If a Case Scheduling Conference is not scheduled within thirty (30) days after answers to the complaint are filed, either party may request that the Court Administrator schedule the conference. The parties may stipulate to a waiver of

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MONTANA SIXTH JUDICIAL DISTRICT COURT RULES

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Note: contact the local District Court for any exhibits or forms referred to within these pages. discovery and request an immediate preliminary pre-trial conference. B. Pursuant to Rule 16(b), MRCP, the following matters are exempt from the scheduling procedure required by this Rule: (1) Youth Court cases (2) URESA actions (3) Abstracts of Judgment and Transcripts of Judgment (4) Adoptions (5) Insanity hearings (6) Probate Cases (7) Small Claims appeals (8) Administrative appeals (9) Name Change Cases (10) Seizures and Forfeitures (11) Habeas Corpus and Post-conviction Relief (12) Criminal Cases (included to eliminate possibility of confusion) (13) Any other case for which good cause is shown and the Court so orders. C. Pursuant to Rule 26, MRCP, the following discovery rules shall be followed in every cause not exempted above, except Domestic Relations Cases and those cases wherein good cause is shown by motion and affidavit: 1. Except with leave of Court, a party may not seek discovery from any source before making an appropriate pre-discovery disclosure and may not seek discovery from another party before serving that party with an appropriate disclosure. A party may serve written discovery requests upon a party simultaneously with service of the required disclosure statement upon that party. Every party shall serve an appropriate disclosure not later than thirty (30) days after entry of the Case Scheduling Order. The disclosure shall contain the following information: (a) the factual basis of every claim or defense advanced by the disclosing party. In the event of multiple claims or defenses, the factual basis for each claim or defense; (b) the legal theory upon which each claim or defense is based including, where necessary for a reasonable understanding of the claim or defense, citations or pertinent legal or case authorities; (c) the name, and if known, the address and telephone number of each individual known or believed to have discoverable information about the claims or defenses, and a summary of that information; (d) a copy of, or a description, including the location and custodian, of documents or data compilations, and tangible things and relevant documents reasonable likely to bear on the claims or defenses; (e) a computation of any damages claimed; and (f) the substance of any insurance agreement that may cover any resulting judgment. (2) Supplementation of Disclosure. The disclosure obligation is reciprocal and continues throughout the case. A party who has made a pre-discovery disclosure is under a duty to supplement or correct the disclosure within a reasonable time if the party learns that the information disclosed is not complete and correct or is no longer complete and correct. (3) Signing of Disclosure. Every mandatory disclosure or supplement made by a party represented by counsel shall be signed by at least one attorney of record. A party who is not represented by counsel shall sign the disclosure. The signature of counsel or the party constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after reasonable inquiry, the disclosure is complete as of the time it was made.

Rule 7 - Preliminary Pre-Trial Conferences Absent a motion and for good cause, this Court will not conduct preliminary pre-trial conferences until approximately one week prior to trial. Dates for addition of parties, identification of expert witnesses, motions, hearings and settlement conferences shall be set forth in the Case Scheduling Order issued by the Court after the Case Scheduling Conference. At any time after the discovery period has run, according to the Case Scheduling Order, any party may move for, or request a trial date from the Court Administrator. The order setting trial shall include a preliminary pre-trial date, witness and exhibit list submission deadline, a jury instruction and objection to jury instruction deadline, a final pre-trial conference date, and a trial date. Preliminary pre-trial conferences shall be conducted by the District Court Administrator.

Rule 8 - Communications with the Court A. Communications. All communications with the Court shall go through the District Court Administrator or the Clerk of Court to ensure that

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no ex parte communications take place and to ensure judicial economy. The Court will not receive letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel. B. Ex Parte Communications. There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. A violation of this rule may result in the imposition of sanctions against the offending attorney or party. C. Reminders to the Court. In the event the Court has under advisement any matter (including but not limited to a motion or decision in a bench trial) for a period of more than thirty (30) days, each party affected thereby is encouraged to send to the Court a reminder letter particularly describing the matter under advisement and stating the date the matter was taken under advisement.

Rule 9 - Court Records A. File Checkout Privilege. The Clerk of Court shall not permit any files or documents to be removed from the Clerk of Court's office without prior order of the Court, except that civil files and probate files may be checked out for up to ten calendar days by attorneys or licensed title examiners residing in the county. The Clerk of Court must obtain a receipt from anyone checking out files or documents. All such files and documents shall be promptly returned upon request of the Court. The Court reserves the right to suspend checkout privileges for anyone abusing checkout privileges. B. Files Which May Not Be Checked Out. The files in dependent/ neglect cases and adoption actions shall not be withdrawn, examined, or inspected, except upon order of the Court and except for counsel in such cases, who may examine and inspect such files. The records of the Youth Court are governed by Section 41-5-601, et seq., MCA. C. Wills and Judgments. No will admitted to probate, bond, or undertaking shall be checked out from the Clerk of Court's office, nor any judgment before it is filed by the Clerk of Court.

Rule 10 - Filings A. Filing Fees. All pleadings, motions, and briefs shall be filed with the Clerk of Court. The Clerk of Court shall not accept or file any document required to be accompanied by a filing fee, unless the fee is paid or the Court has approved a fee waiver in writing. B. Proposed Pleadings. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendment and lodge the original with the Clerk of Court. If leave to file is granted, the Clerk of Court shall file the original forthwith. C. Discovery. Pursuant to Rule 4, UDCR, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court. Upon receipt of a deposition, the Clerk of Court shall mark it received and place it in the court file. D. Jury Demands. When a demand for a jury trial is incorporated in a pleading, parties shall so indicate in the title as well as the body of the pleading. E. Striking Pleadings. Any papers filed which do not conform to Rule 10 or 11, MRCP, may be stricken by the Court, on its own initiative and upon such terms as to the Court may appear just. F. Orders. When any written order or judgment is made by the Court, it must immediately thereafter be presented to the Clerk for filing. G. Brief Deadlines. All briefs required by rule, statute, or Court order to be filed by a date certain shall be filed by 5:00 p.m. by the date certain. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court's disregarding the brief and citing the delinquent party's attorney for contempt. H. Length of Briefs. No brief shall exceed 20 pages in length, exclusive of indices and appendices, without prior leave of the Court. I. Citations in Briefs. Briefs citing precedents not found in the Montana Reporter or the Pacific Reporter must be accompanied by complete photocopies of all cases referred to therein. J. Telefax Filings. Counsel shall not submit documents to the Clerk of District Court by telefax absent actual emergency. Inability to submit a document by a previously Court-ordered deadline shall not be considered an emergency.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

A. Settlement Conference Required. In each civil case subject to a Scheduling Order pursuant to Local Rule 6, a master-supervised Settlement Conference is required before a case may be tried, unless a stipulation executed by all counsel of record and any unrepresented party is filed with and approved by the Court waiving a Settlement Conference. The Settlement Conference shall be addressed in the Scheduling Order prepared and issued in accordance with Local Rule 6. The purposes of such conferences are to: (1) facilitate (but not coerce) settlement; (2) lessen congestion of the trial calendar; and (3) reduce the cost of litigation by providing a means to resolve contested cases prior to final trial preparation. A mediation conducted by a trained mediator may be substituted for a Master-supervised Settlement Conference upon agreement of the parties, or by order of the Court. The Clerk of District Court shall maintain a list of Court-approved Settlement Masters and Mediators. B. Master-Supervised Settlement Conference. The Master-supervised Settlement Conference may be held at any time upon stipulation of the parties or order of the Court. Unless otherwise agreed, the conference shall be held after the close of discovery and rulings on pretrial motions but prior to submission of the Pretrial Order. The Court shall issue a separate order confirming the appointment of a Settlement Master and providing for their compensation and the procedures to be followed at the Settlement Conference (Sample Exhibit "B"). Fees for indigent litigants may be waived when the Court has approved an Affidavit of Inability to Pay Filing Fees. Counsel who will try the case and all parties shall attend in person. Out-of-area corporations or insurance companies will have a representative present via speaker phone, unless personal attendance is ordered by the Court upon a showing of good cause. All participants must have requisite settlement authority. The parties shall agree upon responsibility for the payment of the fees charged by the Settlement Master. C. Report of the Settlement Master. Within five (5) days of the completion of the Master-supervised Settlement Conference, the Settlement Master shall submit a report indicating that the conference was held and describing the issues that were settled, if any. The report shall be filed with copies to the Court, all counsel of record, and any parties not represented by counsel. In the event that the case is not fully settled, the form shall also state the following information obtained from counsel for the parties and any unrepresented party: (1) the length of time anticipated to be necessary for trial; (2) dates counsel or key witnesses are legitimately unavailable for trial; (3) any special requests or needs regarding trial scheduling; and (4) whether there is still a reasonable prospect for settlement. Cases will be set for trial upon submission of the Settlement Master's report. D. Proceedings Confidential. No person present at a Settlement Conference, including the Settlement Master, shall be subject to examination concerning statements made by any person at the Settlement Conference. The parties will not subpoena or otherwise require the Settlement Master to testify regarding the Settlement Conference or the Settlement Master's opinions regarding the case.

Rule 12 - Trials A. Trial Settings. Non-jury trials shall be scheduled by the Court throughout the year as time is available. Jury trials shall be held throughout the year, except during the last half of December. B. Criminal Trial Settings. The first three weeks of March, June, September and December shall be set aside for criminal trials. The County attorney's office will provide the court with a list of all criminal matters ready for trial and trials shall be set for the next available criminal trial period. The County Attorney, Deputy County Attorney and all Defense Counsel shall meet on the second Monday of the following months at 1:30 p.m. with the Court Reporter and/or the Court Administrator for a pre-trial conference on all trials set for the next criminal trial period: 1) January for March settings; 2) April for June settings; 3) July for September settings; 4) October for December settings. C. Jury Instructions. Proposed instructions to the jury in a civil action shall be presented to the Court and served upon each adverse party as stated in the jury trial preparation order. The original and one copy of each instruction proposed must be furnished to the Court. The Court's working copy of each instruction shall indicate the party on whose behalf it is requested, be numbered consecutively, and, on an attached page,

contain reference to the source thereof, and a citation of authority, if any, supporting the statement of law therein. The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions. Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions. The Court requests that, where possible, a 3 ½-inch computer disk in WordPerfect 8.0 or Word 2000 containing the proposed jury instructions accompany the instructions. The disk will not be returned after the trial.

Rule 13 - Postponement of Trials A. Absence of Witness or Evidence. Pursuant to Section 25-4-201, MCA, a motion to postpone or continue a trial on the grounds of absence of a witness or evidence shall be made upon affidavit showing: (1) the nature and materiality of the expected testimony or evidence; (2) that diligent effort was timely made to secure the witness or the evidence; and (3) that reasonable grounds exist for the production of the witness or evidence if postponement or continuance is granted. If the testimony or the evidence would be admissible upon the trial and the adverse party stipulates that it shall be considered as actually given on the trial, there shall be no postponement or continuance unless, in the opinion of the Court, a trial without the witness or evidence would work an injustice on the moving party. B. Late Continuances. If any action set for a jury trial is continued within 96 hours of the trial date the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.

Rule 14 - Voir Dire A. Length. The length and conduct of voir dire examination shall not exceed one (1) hour per side without prior leave of the Court. B. Questioning. Only one attorney for each party shall be allowed to question the prospective jurors on voir dire. C. Purpose. The only proper purpose of voir dire is to select a panel which will fairly and impartially hear the evidence presented and render a just verdict, and to determine the grounds for any challenge for cause. Accordingly, the Court in exercising its discretion may discourage counsel from: (1) Asking questions of an individual juror that are susceptible of being asked collectively; (2) Asking questions covered by and answered in the juror questionnaire, except to explore some answer in greater depth; (3) Repeating questions asked and answered; (4) Using voir dire for the purpose of attempting to instruct the jury on the law; (5) Using voir dire for the purpose of arguing the case; or (6) Asking a juror what his verdict might be under any hypothetical situation based upon expected evidence or otherwise.

Rule 15 - Attorneys

A. Attorneys of Record. Unless appearing specially on behalf of one of the attorneys of record, no attorney, unless the attorney's name appears on the pleadings in the case, may participate in any proceedings in the case until the attorney's name has been entered of record. B. Authority as Attorney. In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has an agreement in writing, signed by the client and filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein. C. Withdrawal by Attorney. Except as provided in Rule 15.F. herein, no attorney may withdraw from any case except by consent of the client or by leave of the Court after notice has been served on the parties and opposing counsel. This provision is subject to Sections 37-61-403 through 37-61-405, MCA, and Rule 10, UDCR. D. Addressing Witnesses and Attorneys. Attorneys will not be permitted to address a witness on the stand in any manner except to propound a question to which an answer is desired. Attorneys will not be permitted to address each other during a trial or hearing except by permission of the Court. E. Attorney Fees. In all civil cases in which attorney's fees are requested in the pleadings, the party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim. The opposing party shall within ten (10) days thereafter file a request

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Rule 11 - Settlement Conferences or Mediations

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Note: contact the local District Court for any exhibits or forms referred to within these pages. for a hearing thereon. Failure to file such a request shall be deemed a waiver of the right to a hearing on fees. In a contested proceeding, receipt of evidence pertaining to attorney's fees shall be deferred until a final decision or order on the merits of the case has been issued by the Court. F. Release of Counsel of Record on Notice. When a final disposition has been made of any case and the time for appeal has expired, all counsel of record shall be automatically relieved of their duties as counsel of record provided they first file a Notice of Termination with the Clerk of Court and serve the same on opposing counsel and their client. Thereafter, if any further proceedings are filed therein, notice must be served on the adverse party as provided in Rule 4(D), MRCP.

Rule 16 - Exhibits The Clerk is required to keep a list of all exhibits offered and the ruling of the Court thereon. No exhibit admitted into evidence shall be removed from the custody of the Clerk of Court without the Clerk's prior approval. Exhibits and any discovery documents filed with the Court shall be disposed of as provided in Rule 12 UDCR upon final disposition of each case. Counsel are encouraged to pre-label their proposed exhibits and, during a non-jury trial, will present the court with a notebook with all exhibits individually tabbed.

Rule 17 - Evidence of Character No more than three (3) witnesses will be permitted to testify as to the character of a person absent an order of the Court authorizing additional witnesses.

Rule 18 - Stipulations No agreement or stipulation between the parties or their attorneys with respect to the proceedings in any cause will be considered for any purpose by the Court unless it is submitted in writing, subscribed by the party against whom it is sought to be enforced, or by his attorney. If parties wish to have a stipulation confirmed by the Court, then they must accompany the stipulation by a proposed Order.

Rule 19 - Offers of Proof Offers of proof may be in writing or may be entered in the Court Reporter's notes outside the presence and hearing of the jury, as may be decided by the Court.

Rule 20 -Trial Postition Statement and Proposed Findings of Fact and Conclusions of Law

At least 10 days prior to trial, in a civil case, each party shall submit a Trial Position Statement which briefly outlines the issues to be addressed at trial, a list of witnesses and a one or two sentence description of the subject matter on which each witness will testify and a list of exhibits. In any other matter, counsel may submit a Trial Position Statement at least 10 days prior to hearing. Proposed Findings of Fact and Conclusions of Law shall be submitted within 15 days after trial unless otherwise ordered by the Court in a format suitable for signature by the Court, together with a copy for the Court. The Court requests that the parties also submit their Proposed Findings on a 3 ½-inch computer disk or CD compatible with WordPerfect 8.0 or Word 2000.

Rule 21 - Security A. No officers of the Court nor any member of the bar or his office associates or employees may act as a surety. B. In lieu of surety in any case, there may be deposited with the Clerk of Court lawful money or negotiable bonds or notes of the United States. The depositor shall execute a suitable bond, and if negotiable bonds or notes of the United States are deposited, shall also execute an agreement authorizing the Clerk to collect and sell the bonds or notes in the event of default. Such deposits shall be held by the Clerk of Court until released by order of the Court.

Rule 22 - Marital Dissolution Actions A. Parenting Classes. In disputed parenting cases, the Court may order the parents to participate in a Court approved parenting class, either in person or through a home study course. In such cases, when the class is complete, the parents must file a certificate of completion with the Court. B. Temporary Child Support. Whenever a marital dispute arises that

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results in a separation of parents, child support liability shall commence immediately. Counsel for the parties shall, within 30 days of Respondent's first appearance, submit verified financial affidavits to the Court and to opposing party. The parties shall confer within 30 days to set a temporary amount of child support. If the parties are unable to reach agreement, the Court shall then determine the proper amount of temporary child support based on the Montana Child Support Guidelines. The parties shall then have 15 days to object to such calculation. If no objection is filed, the amount of support calculated by the court shall be made an order by the court for temporary support. Failure to make child support payments may result in the imposition of sanctions. In the event of a dispute as to either the appropriate temporary custodial parent or the appropriate amount of payments, either party may file a motion with the Court requesting a hearing on the matters in dispute. The Court may award attorney's fees at its discretion in or after such hearing. C. Parenting Mediation and Evaluations. Mediation of temporary and final parenting plans is preferred and strongly encouraged. Upon request of either party or sua sponte, the Court may order that the matter be referred to appropriate professional persons at the cost of one or both parties for investigation, report, and recommendation regarding parenting time of each child and parent. The report shall be returned to the Court, the parties, and their attorneys as soon as reasonably possible thereafter. D. Parenting Guidelines. Specific guidelines with respect to age of children is attached to these Rules as Appendix A. The general rules below will apply in all parenting cases, except by order of the Court. The age-specific guidelines are not mandatory and will not be applied arbitrarily to all cases; however, they offer a reasonable starting point for discussion among counsel and parties in the majority of cases. A powerful cause of stress, suffering, and maladjustment in children of divorce is not simply the divorce itself, but continuing conflict between the parents before, during and after the divorce. To minimize conflict over the children, the parents should agree on a parenting arrangement that is most conducive to the children having frequent and meaningful contact with both parents with as little conflict as possible. When parents' maturity, personality and communication skills are adequate, the ideal arrangement is reasonable parenting time upon reasonable notice, since that provides the greatest flexibility. The next best arrangement is a detailed parenting agreement made by the parents to fit their particular needs and, more importantly, the needs of the children. If the parents are unable to agree, however, the following guidelines will help the parents in knowing what the presiding judge in the Sixth Judicial District believes are generally reasonable, unless special circumstances require a different arrangement. (See Paragraph 1.17 in the Specific Guidelines attached.) In the event parenting time becomes an issue in court, the judge reserves the right to set whatever schedule best meets the needs of the children in that case. I . GENERAL RULES Parents should always avoid speaking negatively about the other and should firmly discourage such conduct by relatives or friends. In fact, the parents should speak in positive terms about the other parent in the presence of the children. Each parent should encourage the children to respect the other. Children should never be used by one parent to spy on the other. The basic rules of conduct and discipline established by the residential parent should be the base line standard for both parents and any step parents, and consistently enforced by all, so that the children do not receive mixed signals. When a parent is granted parenting time, the parent is expected, by the child(ren), the other parent, and by the Court, to exercise that parenting time. Children will benefit from continued contact with all relatives and family friends on both sides of the family for whom they feel affection. Such relationships should be protected and encouraged. But relatives, like parents, need to avoid being critical of either parent in front of the children. Parents should have their children maintain ties with both the maternal and paternal relatives. In Montana grandparents have a legal right to reasonable visits with their grandchildren, if it is in their best interests. Usually the children will visit with the paternal relatives during times the children are with their father and with the maternal relatives during times they are with their mother. 1.1 Parental Communication. Parents should always keep each other advised of their home and work addresses and telephone numbers. As far as possible, all communication concerning the children shall be conducted between the parents themselves in person, or by telephone at their residences and not at their places of employment.


Note: contact the local District Court for any exhibits or forms referred to within these pages. call initiated by the children is long distance, it shall be at the cost of the parent called. During long vacations the parent with whom the child is on vacation is only required to make the child available for telephone calls every five days. At all other times the parent the child is with shall not refuse to answer the phone or turn off the phone in order to deny the other parent telephone contact. If a parent uses an answering machine, messages left on the machine for the child should be returned. Parents should agree on a specified time for calls to the children so that the children will be made available. 1.12 Mail Contact. Parents have an unrestricted right to send cards, letters and packages to their children. The children also have the same right with their parents. Neither parent should interfere with this right. 1.13 Privacy of Residence. A parent may not enter the residence of the other except by express invitation of the resident parent, regardless of whether a parent retains a property interest in the residence of the other. Accordingly, the children shall be picked up and returned to the front entrance of the appropriate residence, unless the court has ordered a different transfer point. The parent dropping the children off should not leave until the children are safely inside. Parents should refrain from surprise visits to the other parent's home. A parent's time with the children is their own, and the children's time with that parent is equally private. E. Parental Change of Residence. The provisions of Section 40-4-217, M.C.A. shall be followed with regard to parental changes of residence. If parenting time is disputed after the notice of intent to re-locate is filed, the parties shall mediate parenting time immediately, or at least 15 days before moving. A move involving relocation of the child(ren) which is opposed by the other parent shall be evaluated under the best interests of the child criteria. In addition, the Court shall consider the following: a. The parent's good faith in moving, including timeliness in disclosing the proposed move to the other parent; b. The possibility of devising a visitation schedule that will allow meaningful contact with the non-custodial parent; and c. The quality of life in the proposed new community. F. Notice to Child Support Enforcement. The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage, or modification of child support, at the time the proceeding is begun, shall include in the petition a statement as to whether any of the children involved are at that time recipients of or applicants for public assistance. Upon filing of a complaint or petition which indicates the children involved are at that time recipients of or applicants for public assistance, the counsel for that party shall immediately notify the Child Support Enforcement Bureau in writing of the pending action and file proof of such notice with the Clerk of Court. G. Execution for Support Payments. The Clerk of Court shall not issue any execution for support or alimony payments due under any decree of divorce without prior approval of the Court. Executions will not be issued unless supported by an affidavit affirmatively showing that the parties have not entered into any arrangements not contemplated by the decree of divorce, that they are not living together, and that the payments are delinquent. Details of the delinquency must be specifically set forth.

Rule 23 - Child Support Guidelines Requirements In any case in which the Court will be requested to enter an order setting or modifying child support, the parents' financial affidavits and uniform child support guideline worksheets or acceptable summaries thereof shall be submitted to and filed with the Court prior to entry of any child support order as required by Section 46.30.1515, A.R.M. Pursuant to said rule this requirement shall extend to default and stipulated cases as well as contested cases.

Rule 24 - Certification of Self-Help Temporary Restraining Orders

A. When any action for declaration of invalidity of marriage, legal separation, dissolution of marriage, or child custody action is filed in the District Court between parties who are also parties to a self help temporary order of protection proceeding in a court of limited jurisdiction, counsel for the party who is the petitioner in the lower court proceeding shall promptly notify said lower court of the District Court action and move the lower court to suspend all further proceedings therein and certify the pleadings and any orders of that court to the Clerk of the District Court. Upon certification of such pleadings and any orders therein to the Clerk of District Court, the District Court shall assume exclusive jurisdiction thereof and any orders issued by the court of limited jurisdiction shall continue in full force and effect as the order of the District Court until dissolved or modified by the District Court.

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1.2 Grade Reports and Medical Information. The residential parent shall provide the non-residential parent with grade reports and notices from school as they are received and both parents shall have the right to communicate concerning the child directly with the school and with the children's doctors and other professionals outside the presence of the other parent. Each parent shall immediately notify the other of any medical emergencies or serious illnesses of the children. The residential parent shall notify the non-residential parent of all school or other events (like Church or Scouts) involving parental participation. If the child is taking medications, the residential parent shall provide a sufficient amount and appropriate instructions for its use during the non-residential parent's parenting time. 1.3 Children's clothing for Parenting Time. The residential parent shall send an appropriate supply of children's clothing with them, which shall be returned clean (when reasonably possible), with the children, by the non-residential parent. The non-residential parent shall advise, as far in advance as possible, of any special activities so that the appropriate clothing may be sent. 1.4 Withholding Support or Parenting Time. Neither parenting time nor child support is to be withheld because of either parent's failure to comply with a court order. Only the court may enter sanctions for non compliance. Children have a right both to support and parenting time, neither of which is dependent upon the other. In other words, no support does not mean no parenting time and no parenting time does not mean no support. If there is a violation of either a parenting or support order, the exclusive remedy is to apply to the court for appropriate sanctions. 1.5 Adjustments in the Parenting Time Schedule. Although there may be a specific court-ordered parenting time schedule, the parties are expected to fairly modify parenting time when family necessities, illnesses or commitments reasonably so require. The requesting parent shall act in good faith and give as much notice as circumstances permit. 1.6 Residential Parent's Vacation. Unless otherwise specified in a court order or agreed by the parties, the residential parent is entitled to a vacation with the children for a reasonable period of time, usually equal to the vacation time the non-residential parent takes with the children. The residential parent should plan a vacation during the time when the non-residential is not exercising extended parenting time, if possible. 1.7 Insurance Forms. The parent who has medical insurance coverage on the children shall supply, as applicable, insurance forms and a list of insurer approved or HMO qualified health care providers in the area where the other parent is residing. A parent who, except in an emergency, takes the children to a doctor, dentist or other provider not so approved or qualified should pay the additional cost thus created. However, when there is a change in insurance which requires a change in medical care providers and a child has a chronic illness, thoughtful consideration should be given by the parties to what is more important: allowing the child to remain with the original provider or the economic consequences of changing. When there is an obligation to pay medical expenses, the parent responsible therefor shall be promptly furnished with the bill by the other. The parents shall cooperate in submitting bills to the appropriate insurance carrier. Thereafter, the parent responsible for paying the balance of the bill shall make arrangements directly with the health care provider and shall inform the other parent of such arrangements. Insurance refunds should be promptly turned over to the parent who paid the bill for which the refund was paid. 1.8 Child Support Abatement. Unless a court order otherwise provides, support shall not abate during any parenting time. 1.9 Missed Parenting Time. When scheduled parenting time cannot occur due to events beyond either parents' control, such as illness of the parent who should have parenting time, or the child, a mutually agreeable substituted parenting time date shall be arranged, as quickly as possible. Each parent shall timely advise the other when a particular parenting time cannot be exercised. Missed parenting time should not be unreasonably accumulated. 1.10 Parenting Time a Shared Experience. Because it is intended that parenting time be a shared experience between siblings and, unless these Guidelines, a court order, or circumstances, such as age, illness, or the particular event, suggest otherwise, all of the children shall participate in any particular parenting time. 1.11 Telephone Communication. Telephone calls between parent and child shall be liberally permitted at reasonable hours and at the expense of the calling parent. The residential parent may call the children at reasonable hours during those periods the children are with the non-residential parent. The children may, of course, call either parent at reasonable hours during those periods the children are with the other parent. If the

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Note: contact the local District Court for any exhibits or forms referred to within these pages. B. Counsel shall notify the appropriate lower court and appropriate law enforcement agencies of any modification or dissolution of lower court orders certified to this Court and subsequently modified or dissolved by this Court.

Rule 25 - Criminal Actions A. Arraignment. An Acknowledgment of Rights form shall be presented to the Court at the time of arraignment by defense counsel. A Plea of Guilty and Waiver of Rights form shall be presented to the Court at the time of a guilty plea by defense counsel. These forms are available from the Clerk of Court. B. Omnibus Hearing. (1) When a plea of Not Guilty is entered, the Court shall direct that an omnibus hearing form be completed and filed. The purpose for this is to expedite procedures leading up to the trial of the Defendant. The presence of the Defendant shall not be required. The prosecutor and defense counsel must be prepared at the hearing to address any pre-trial matter appropriate to the case, including but not limited to the matters set forth in Section 46-13-110(a) through (m), MCA. Once completed and signed by counsel, the Court will sign the form and it will be filed. Either the prosecutor or defense counsel may request that the form be completed in a hearing before the Court, if the parties are unable to stipulate to the provisions of the form. C. Trial Setting. The Court will set trial as soon as it is possible to do so. The Order setting trial shall include deadlines for motions, jury instructions and pre-trial negotiations. Any motion not ruled on at least two weeks before trial should be brought to the Court's attention. D. Pre-Sentence Investigation. All pre-sentence investigations shall be completed, and the reports based thereon delivered to the Court and to the parties, no later than one business day prior to sentencing. E. Bail. Whenever cash bail is delivered to the Clerk of Court, the cash must, as soon as possible, be deposited in a trust account with the Park County Treasurer or Sweet Grass County Treasurer where checks, warrants, or drafts can be drawn on the account for the transfer of such funds. No real estate bail filed pursuant to Section 46-9-403, MCA, shall be accepted by the Clerk of the District Court unless it is accompanied by the sworn schedule specified in that statute and a current title report by a land title insurance company and unless: (1) It is accompanied by a fair market appraisal by a certified appraiser of the real estate certifying that the unencumbered equity not exempt owned by the accused or sureties is worth at least double the amount of the bail; or (2) It has been approved by the County Attorney. Proof of the recordation of a certified copy of the sworn schedule shall be filed with the Clerk of Court forthwith. Whenever bail has been set by and furnished to a Justice of the Peace or City Judge and the cause in which the bail was furnished is transferred to the District Court, the following procedure must be followed: At the time the papers transferring the case to the District Court are filed with the Clerk of the Court, the bail must also be delivered to the Clerk. The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice or City Judge transfers the cause to the District Court. (1) If the bail furnished was cash bail, the Justice or City Judge must deposit a proper check, warrant, or draft for the full amount of the bail with a notation of the party or person who actually posted the cash bond. Upon receipt of the check, warrant, or draft, the Clerk of Court must issue a trust fund receipt and deliver it to the Justice of the Peace or City Judge. (2) If the bail furnished was a bail bond or other bail as permitted by Section 46-9-401, MCA, the Justice or the City Judge must deliver the actual documents furnished as bail to the Clerk of the District Court. (3) All bonds presented to the District Court for approval shall recite that they are payable to the District Court. (4) Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (a) The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court. (b) The County Attorney must deliver to the Justice of the Peace the original and a duplicate copy of such request.

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(c) The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail, and must forthwith transfer the bail to the District Court as provided in (1) or (2) above. The duplicate copy of the request must be filed with the Clerk of the District Court, and the Justice of the Peace shall retain the original for her files. F. Bench Warrants. In any criminal case where a defendant has appeared voluntarily or there is a stipulation with the County Attorney's office for a defendant to appear, and there is an outstanding bench warrant, defense counsel or the County Attorney's office shall notify the Court, in writing, to withdraw the warrant.

Rule 26 - Appointment of Counsel for Indigent Defendants

A. The eligibility of every defendant to request Court-appointed counsel or the public defender must be determined in accordance with Section 46-8-111, MCA. (1) When the Court finds that a defendant is unable to obtain legal representation, the Court will appoint counsel to represent the defendant in the following order of priority: (a) When available, a public defender employed by or contracted for by Park or Sweet Grass Counties. (b) A list of attorneys who have indicated a willingness to accept such appointment. (c) A list of members of the Bar in Park or Sweet Grass County. (2) It will be the responsibility of the Clerk of District Court to notify Court-appointed counsel of their appointment. (3) Attorneys, other than those employed or contracted as public defenders, appointed by the Court to represent indigent defendants or other persons unable to provide for their own counsel shall be compensated at a rate not to exceed Sixty Dollars ($60.00) per hour for time expended in representing an indigent defendant accused of a felony, and Sixty Dollars ($60.00) per hour for time expended in representing youths, in extraditions or in guardianships. Such attorney shall also be reimbursed for expenses reasonably incurred in such representation, but such expenses shall not include any general office overhead. Singular expenses in excess of Two Hundred Dollars ($200.00) shall be incurred only after authorization of the Court. B. In the event of a conviction of a Defendant represented by Courtappointed counsel or the public defender, the officer who prepares the pre-sentence report shall include in his recommendation to the Court: (1) a statement concerning the present or future ability of the Defendant to pay costs of his or her defense counsel; (2) that this statement is based on the Defendant's financial resources and the nature of the burden that payment of costs will impose; (3) a statement of the opinion of defense counsel as to an estimate of the costs in the case; and (4) the amount and method of payment of the costs. In the event there is no pre-sentence report, the prosecutor shall present the above recommendation to the Court. C. The sentencing Court will evaluate the ability of the Defendant to pay the costs of defense counsel in light of the above recommendation. If the Defendant is ordered to pay such costs, all payments shall be made to the Clerk of the District Court, who shall reimburse the payments as provided in Section 46-8-115, MCA. D. In the event of non-payment of costs, the County Attorney shall move the Court to issue an order to show cause as provided in Section 46-8-115, MCA.

Rule 27 - Removal to Small Claims Court

All actions for recovery of money or specific personal property where the amount in controversy is not in excess of Three Thousand Dollars ($3,000.00) shall be subject to removal to small claims court in the discretion of the Court pursuant to Section 3-10-1004, MCA.

Rule 28 - Weapons Only on-duty law enforcement officers or court security personnel shall be entitled to bring or carry firearms, knives, or other weapons in Park or Sweet Grass County Court. Anyone wishing to enter the courtroom may be required to submit to a search of his person or belongings by security personnel.

Rule 29 - Probate Fees Attorney fees in informal probate matters will not be fixed by the Court, unless there is a disagreement between the attorney and the personal


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 30 - Six-Person Juries Pursuant to Section 3-15-106, MCA, in all civil actions where the relief sought in the complaint is under the sum of Ten Thousand Dollars ($10,000.00), the trial jury shall consist of six persons. The Court shall encourage the parties to stipulate to six-person juries in other civil cases where appropriate.

Rule 31 - Estates to be Closed Years, Clerk's Duties

within

Two (2)

In estate matters the Clerk shall notify the attorney of record ninety (90) days before the expiration of the two (2) year period following the appointment of the personal representative that it shall be called to the attention of the Court so that the Court may order the personal representative and his attorney to appear and show cause why the estate has not been closed, Section 72-3-1015, MCA. The Clerk of the District Court shall mail to the attorney of record the following notice: MONTANA SIXTH JUDICIAL DISTRICT COURT, PARK/SWEET GRASS COUNTY IN THE MATTER OF ) THE ESTATE OF ) Probate No._________ __________________________, ) Deceased. ) NOTICE Pursuant to Rule 32 of the Rules of Court for the Sixth Judicial District, notice is hereby given that in the absence of good cause shown to the Court, the above entitled matter will be called to the attention of the Court and the estate representative and heirs on the _____ day of _______, 19___, as to why the estate has not been completed. DATED this ______ day of ____________________, 19____. ___________________________________ Clerk of Court By_________________________________ Deputy Clerk

Rule 32 - Witnesses A. Subpoena Duces Tecum. A subpoena duces tecum may be issued for only such material as is relevant and material. All subpoenas shall be issued in accordance with Rule 45, M.R.Civ.P. B. Examination Limited. On the examination of witnesses, only one attorney upon each side will be permitted to examine or cross-examine the same witness, except by permission of the Court first asked and obtained. C. Discharge of a Witness. A party having a witness subpoenaed in a civil cause may discharge the witness by motion made in open court. If an adverse party desires such witness to remain, the adverse party must procure the witness's further attendance by subpoena or order of the Court, and shall thereafter be responsible to the witness for the fees.

Rule 33 - Judgment on Written Instrument In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the Clerk at the time judgment is granted by the Court, and the Clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date. The Clerk shall sign the entry, attach the official seal, and file the instrument. The instrument shall not be removed except by order of the Court in writing setting forth the facts of such removal.

Rule 34 - Priority Ranking of Payment of Fines and Fees

Unless otherwise specifically order by the Court in a judgment regarding punishments imposed on a convicted criminal defendant, the Clerk of Court shall establish separate accounts for all categories of payment ordered by the Court and distribute payments received from the defendant to these accounts in the following priority order: A. County Attorney Longevity Pay Surcharge B. Recoupment - including:

(1) Repayment of Cost of Prosecution (2) Repayment of Cost of Public Defense Attorney (3) Repayment of Cost of Calling a Jury (4) Repayment of Extradition Charges C. Drug Fund D. Fine E. Other fees and charges Where ordered by the Court, restitution to the victim should be paid separately from the above listed fees and fines in the highest priority category.

Rule 35 - Dismissal of Action for Laches The Clerk of Court will bring to the attention of the Court on a quarterly basis those actions which the pleadings show to have been at issue for more than three (3) years. Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within 20 days in writing. In the event parties do not comply, the Court may dismiss the matter or issue further appropriate orders. Effective July 9, 2006.

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representative. Should there be a disagreement, either party may present the matter to the Court after giving proper notice and a hearing shall be conducted thereon.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA SEVENTH JUDICIAL DISTRICT COURT RULES DAWSON, MCCONE, RICHLAND, PRAIRIE AND WIBAUX COUNTIES

Rule 1 - Department and Assignment of Cases A. The Seventh Judicial District Court is divided into 2 departments. Department One consists of Dawson, Wibaux and Prairie Counties. Department Two consists of Richland and McCone Counties. The Honorable Richard A. Simonton, or his successor, is the presiding judge of Department One. The Honorable Katherine M. Irigoing, or her successor, is the presiding judge of Department Two. All actions filed shall initially be assigned to the presiding judge of the department in which the action is filed subject to transfer as set forth below. B. Chief Judge. The position of Chief Judge alternates. In oddnumbered years, the Chief Judge is the presiding judge of Department One. In even-numbered years, the Chief Judge is the presiding judge of Department Two. The duties of the Chief Judge shall be to provide for the efficient management of the District Court business in cooperation with the other judge of the District. The Judges shall meet at such times as they agree. C. Youth Court Judge. Each judge shall serve simultaneously as Youth Court Judge for his or her department. D. All actions filed shall initially be assigned to the presiding judge of the department in which the action if filed subject to transfer as set forth below. E. It is the responsibility of counsel, or the parties who are not represented by counsel, to refrain from revealing information determined by the Supreme Court or the legislature as confidential. Examples of items that may be considered confidential under the circumstances include social security numbers, financial account numbers, names of minor children, birth dates, and anything already protected by federal or state law. F. A Petition for Consolidation, pursuant to Rule 42 (a), Montana Rules of Civil Procedure, shall be filed in each action to be consolidated. The judge in whose department the initial action was filed shall determine whether consolidation shall be ordered and all actions thus consolidated shall be assigned to that department. G. The work in the district shall be interchangeable between the judges thereof during the absence or disability of either of them or upon the request of either judge. Any judge making any order for a judge of another department will be presumed to have acted with the consent of that judge. Actions by one department relative to a case assigned to the other department shall not, by that fact alone, result in a transfer of the case. H. Either judge may, with the consent of the other and after stating the basis therefor, transfer any action, matter or proceeding to the other department. Notice of said transfer shall be provided all parties. I. In the absence of judicial disqualification, substitution, or recusal, no cause may be transferred from one department to the other without the Court’s order of approval, considered and signed by both judges. In the event of a disqualification, substitution, or recusal, the first judge invited to assume jurisdiction shall be the other judge of the District, unless he or she has already recused himself or herself or been disqualified or substituted.

Rule 2 - Schedule for Law and Motion A. Law and Motion shall be set and heard on the following schedule: Department One: Dawson County — Every Tuesday beginning at 8:15 a.m. The Court will hear delinquency matters or youth in need of care matters beginning at 8:30 a.m. Adoptions, uncontested matters, judgement by default, probate matters, appropriate ex parte matters and other civil matters will be heard at 9:00 a.m. Criminal matters will be heard beginning at 10:00 a.m., or as soon thereafter as counsel can be heard. All matters should be scheduled with the Clerk of Court by noon Monday. Prairie County — The first Wednesday of each month beginning at 2:00 p.m. Wibaux County — The first Wednesday of each month beginning at 9:00 a.m. Department Two: Richland County — Every Tuesday beginning at 8:30 a.m. The court will hear delinquency matters or youth in need of care matters beginning at 8:30 a.m. Adoptions, uncontested matters, judgement by default, probate matters, appropriate ex parte matters and other civil matters will be heard at 9:00 a.m. Criminal matters will be

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heard beginning at 10:00 a.m., or as soon thereafter as counsel can be heard. All matters should be scheduled with the Clerk of Court and with notice to the Judicial Assistant by noon Monday. McCone County — The first Thursday of each month beginning at 9:00 a.m. B. Uncontested matters or emergency matters may be presented to the Court at such other times as the Court is available to hear them. Contested matters or those matters expected to take more than 30 minutes should be scheduled with the Court Administrator/Judicial Assistant in Glendive and Sidney.

Rule 3 - Courtroom Decorum

A. The pursuit of justice is a serious undertaking and conduct during the litigation process, both within and outside the courtroom, must at all times satisfy the appearance as well as the reality of fairness and equal treatment. Dignity, order, and decorum are indispensable to the proper administration of justice. Counsel and the parties are expected to dress in a manner that reflects the seriousness of judicial proceedings and demonstrates an awareness of the Court as a respected institution of the American system of democracy. Coat and tie are proper attire for male attorneys. Corresponding attire is appropriate for female attorneys. Individuals appearing in the Courtroom, in the Judge's office, or in Chambers shall conduct themselves in a manner befitting the dignity of the Court. Portable telephones, pagers, and beepers shall be turned off. Attorneys, their employees, law clerks, runners, law students, Court employees, and litigants appearing in the Courtroom or in the Judge's Office or in Chambers shall dress in a manner befitting the dignity of the Court. General Courtroom Conduct: 1. Always be prompt. 2. Remove coats, boots, hats, gloves, sunglasses. 3. Stand when the Judge enters or leaves the Courtroom. 4. Do not interrupt the Judge or opposing counsel. Wait your turn. 5. Advise clients and witnesses of the formalities of the Court, the appropriate guidelines, and any rulings on motions in limine. Encourage their cooperation. 6. If there is a live microphone at counsel table, remember not to confer with others or rustle papers near the microphone. 7. ALWAYS stand when addressing the Court and when making objections.

Rule 4 - Attorneys

A. No attorney, unless the attorney's name appears on the pleadings in the case, may participate in any proceedings in the case until the attorney's name has been entered of record as one of the counsel. B. In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has a retainer in writing, signed by the client, filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein. C. No attorney may withdraw from any case, civil or criminal, except by consent of the client or by leave of Court after notice served on the parties and opposing counsel. This provision is subject to Sections 37-61-404 and 405, MCA and Uniform District Court Rule 10. D. Attorneys will not be permitted to address a witness on the stand in any manner except to propound the question to which an answer is desired. Attorneys will not be permitted to address each other during a trial or argument except by permission of the Court. E. From six months after the time for appeal from any final judgement or decress has expired, it shall be presumed that any party who was previously represented by counsel is no longer represented by such counsel in that particular manner. This rule shall not be interpreted to prohibit continued representation in such manner if the client and attorney agree nor is it intended to prohibit earlier termination of the attorney-client relationship upon proper notice.

Rule 5 - General Provisions Food, Drink, Cell Phones A. There shall be no food or drink in the Courtroom except for water in suitable containers. B. Cell phones shall be allowed in the Courtroom only if they are turned off. NEVER shall a cell phone be used to relay pictures or tes-


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 6 - Court Security In any case where a party or other interested person believes that a potentially violent situation may arise, that person, through counsel or pro se, shall notify the assigned judge and/or court bailiff sufficiently in advance so that appropriate security measures can be taken.

Rule 7 - Scheduling Orders and Communications with the Court A. The Court will not receive letters or other communications from counsel or parties which do not indicate on their face that copies have been provided to opposing counsel. The Court Administrator/Judicial Assistant will not provide the letter to the Judge, but will return it to the sender. Telephone calls from counsel or the parties will not be accepted by the Judge unless opposing party is also on the telephone. Properly noticed letters will be filed with the Clerk of Court and made a part of the Court file. B. There will be not ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. With stipulation or approval, all discussions will be held before the Clerk of District Court and the Court Reporter. A violation of this rule may result in a disqualification of the judge for cause as well as imposition of sanctions against the offending attorney or party. C. In the event a judge has a motion or decision in a bench trial under advisement for more than 30 days, each party affected may, withough fear or adversely affecting their position on the matter, send to the judge a reminder letter particularly describing the matter under advisement and stating the date on which the matter was taken under advisement.

Rule 8 - Filings A. All motions and briefs shall be filed with the Clerk of District Court. B. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court. If leave to file is granted, the Clerk shall immediatelyfile the original. C. Except as provided in Uniform District Court Rule 4 no discovery documents may be filed with the Clerk of Court without prior leave of the Court. Upon receipt of a deposition pursuant to Rule 4, UDCR, after leave of Court has been granted, the Clerk shall file it in the open file, unless otherwise ordered. D. When a demand for a jury trial is incorporated in a pleading, counsel shall so indicate in the title as well as the body of the pleading. E. Any papers filed which do not conform to Rule 10 or Rule 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative upon such terms as to the Court may deem just. F. When any written order is made by the Court, it must immediately be presented to the Clerk of Court for filing. G. A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk of Court for a minute entry immediately upon obtaining the signature. H. All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by 5:00 p.m. on that date. Except where approval from the Court is obtained prior to the date certain and notice thereof is provided to each party by the party seeking the extension, filing beyond the date certain may result in the Court disregarding the brief and citing the delinquent party’s attorney for contempt. I. No individual brief shall exceed 25 pages in length, exclusive of indexes and appendices, without prior leave of the Court. J. Citations of authority must include photocopies of all cases referred to which are not found in the Montana reporting services.

Rule 9 - Briefs A. All briefs presented to the Court at any time will be filed with the Clerk of District Court and must be served on all opposing counsel or opposing parties without counsel.

Rule 10 - Facsimile Filings The filing of any document with the clerk of court that may be done by mail may be done by facsimile subject to the provisions of this rule provided the clerk has access to a facsimile machine. A. The date and time of transmission to the Clerk of Court shall be the date and time of filing. If the original is not served on the same day as the facsimile, service of the facsimilie must be made as provided in Rule 5, M.R.Civ.P. It is the obligation of the person faxing any document to arrange for it to be delivered to the Clerk of Court. A facsimile document must show all necessary signatures or it will not be filed by the Clerk. B. The sender shall, on the date of the facsimilie, mail the original of whatever is sent by fax to the Clerk of Court by first class mail. The original must be signed pursuant to Rule 11, M.R.Civ.P. The original of the document shall be filed by the Clerk and the date of filing shall be deemed to be the date of the filing of the facsimilie transmission. Service of the original must be made as provided in Rule 5, M.R.Civ.P. The certificate of Service must reflect that a facsimilie transmission was sent to the Clerk of Court and the date of such transmission. Unless an order of Court is obtained extending the time, failure of the sending party to provide the Clerk of Court with the original within five working days shall cause the facsimilie document to be stricken and it shall be of no force or effect whatsoever. It shall be the obligation of the party filing the facsimilie document to insure that the original is received by the Clerk of Court within the allotted time. C. The use of facsimilie transmission shall not change or delay the required payment of fees. It shall be the obligation of the person filing the facsimilie document to pay any required fees in the manner and within the time required by the Clerk of Court. It shall be the obligation of the person faxing any document to pay any costs associated with the use of the telefax service.

Rule 11 - Court Records A. The Clerk of Court shall not permit any files or documents to be removed from the office without obtaining a receipt from any party removing any file or court record. B. The records and files of youth in need of care matters shall not be withdrawn, examined, or inspected by anyone except as allowed under Section 41-3-205, MCA. C. The records of the Youth Court are governed by Section 415-601 et seq., MCA. D. The records in adoption matters may not be withdrawn, examined, or inspected by anyone except upon order of the Court. E. No will, bond, or undertaking shall be removed from the Clerk of Court's Office under any circumstances. F. No judgement shall be removed from the Clerk of Court's Office before it is recorded.

Rule 12 - Service of Process and Papers A. Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists in the Montana Rules of Civil Procedure or other applicable statute, shall be filed with the Clerk of Court promptly and in any event before any action is to be taken thereon by the Court or the parties. B. Whenever the Clerk of Court is required to furnish notice of any pleading, judgement or order, all necessary copies of such pleadings, judgement, or order shall be furnished to the Clerk of Court together with properly addressed and stamped envelopes by the party requesting such judgement or order.

Rule 13 - Hearings on Motions NOTE: See Uniform District Court Rule 2. A. When counsel desire oral argument on a motion, other than a motion for summary judgment, they shall so state in a separate document entitled “Request for Oral Argument,” including therein the reasons in support of oral argument and why they are unable to fully and satisfactorily articulate their position in a brief. B. Counsel shall include with their "Request for Oral Argument" a proposed "Order Granting Oral Argument". In the event the Court determines that oral argument would be beneficial to a determination of the motion and grants oral argument, the Court Administrator/Judicial Assistant will contact counsel and schedule the argument at a time and on a date convenient to all parties. If the Court Administrator/Judicial Assistant is unable to contact counsel, the oral argument will be set at

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timony to someone outside the Courtroom or to text message someone outside the Courtroom.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. a time and on a date convenient to the Court. If the time and date is inconvenient for counsel, the Court will expect another member of the law firm to appear. C. If the Court determines on its own motion that oral argument would be beneficial to a determination of the motion, the Court Administrator/Judicial Assistant will contact counsel and schedule the argument at a time and on a date convenient to all parties. If the Court Administrator/ Judicial Assistant is unable to contact counsel, the oral argument will be set at a time and on a date convenient to the Court. If the time and date is inconvenient for counsel, the Court will expect another member of the law firm to appear. D. Scheduled hearings on pending motions may be continued by the Court on its own initiative or upon a written motion of any party with notice to all adverse parties. All motions to continue must include a statement that opposing counsel has been contacted and either consents or objects. The motion must also include at least three dates that all counsel can be available if the motion to continue is granted. A proposed order granting the continuance must be submitted with the motion and state the party requesting the continuance and the reason for the continuance. E. Time settings for hearings on contested motions will be obtained exclusively from the Court Administrator/Judicial Assistant. F. The proponent of any motion filed with the Court shall be responsible for submitting a proposed order granting the relief requested. G. Prior to show cause hearings, and especially in Youth In Need Of Care cases, counsel and the parties are expected to be available in or near the Courtroom at least 45 minutes before the hearing for the purpose of discussing settlement.

Rule 14 - Scheduling Conference A. A scheduling conference shall be held as appropriate to determine a trial date as well as other deadlines. The conference shall be held pursuant to Rule 16, M.R.Civ.P. Counsel for all parties are expected to attend personally or by pre-approved telephone conference. Parties not represented by counsel must also appear either personally or by telephone. If counsel or an unrepresented party does not appear on the date and at a time set for the scheduling conference, he or she is subject to being held in contempt and the scheduling conference will proceed with deadlines by the Court and the parties who are represented. B. Pursuant to Rule 16(b), M.R.Civl.P., the following matters are exempt from the scheduling procedure required by this rule: 1.) Juvenile Cases 2.) URESA Actions 3.) Dependent and Neglect Matters 4.) Abstracts and Transcript of Judgement 5.) Adoptions 6.) Involuntary Mental or Alchohol/Drug Commitments 7.) Probates 8.) Criminal Actions (already covered by the omnibus hearings) 9.) Small Claims Appeals 10.) Administrative Appeals 11.) Seizures and Forfeitures 12.) Habeas Corpus 13.) Name Changes 14.) Conservatorships and Guardianships

Rule 15 - Motions in Limine

A. The deadline for filing motions in limine will typically be set at a time of the scheduling conference and will be set sufficiently in advance of trial so that the opponent has a chance to respond and the Court has the time to set the motion for hearing and make a decision. If the circumstances giving rise to a motion in limine could not have been anticipated prior to the motion deadline, the Court will consider motions in limine at any stage of the proceedings.

Rule 16 - Trial Calendar

A. All documents shall be submitted as required in the Memorandum of Scheduling Conference and Order. B. If, after the date and time is set for trial, either party wishes to continue the matter, he or she shall give to opposing party reasonable notice that a motion to continue will be filed and the reasons therefore. The motion must contain the statement that counsel has been consulted and agrees with or objects to the continuance. All applications for continuances must indicate that the client has been notified. The motion must also

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include at least three dates that all counsel can be available if the motion to continuance is granted. A proposed order granting the continuance must be submitted with the motion and contain the name of the party requesting the continuance and the reasons for the continuance. Continuances may be granted if such a continuance does not inconvenience the Court and interfere with the trial calendar. Continuances, even when stipulated to by counsel, will not be routinely granted. In exigent circumstances, one date agreeable to all parties and the Court shall be sufficient. Unless for extreme emergencies, this rule will be strictly followed.

Rule 17 - Conduct of the Trial A. Following a scheduling conference and an order therein, said cause and such others as the Court shall direct, shall be set for trial. Notwithstanding the above, the Court may, in its discretion and upon such notice as the Court deems reasonable, set down for trial any cause coming to issue. B. Trial briefs shall be submitted as required in the pre-trial order. C. When, after the day is fixed for the trial of any cause, either party shall desire a continuance, he shall give to opposing party a reasonable notice that application will be made and upon what grounds. For good cause, the time may be shortened. Continuances may be granted on the Court’s own motion or upon motion of counsel or a party if such a continuance does not inconvenience the Court in the process of the trial calendar. Continuances, even when stipulated to by counsel, will not be routinely granted. D. During any contested hearing, no argument or motion to the Court, other than a formal objection, will be entertained unless the attorney making the same first arises in his place to address the Court and the Court grants a request for argument. Argument, when permitted by the Court, shall cease on completion of rebuttal. The party whose duty it is to first offer proof in any trial or proceeding shall have the right to open and may close the argument. Should the adverse party waive argument, no rebuttal will be permitted. In the examination of witnesses, but one attorney for each party will be permitted to examine or cross-examine the same witness, except by prior permission of the Court. E. In any case, civil or criminal, no agreement or stipulation between the parties or their attorneys with respect to the proceedings in any cause will be considered for any purpose by the Court unless made in open Court in the record or entered on the minutes, or unless in writing, subscribed by the party against whom it is sought to be enforced, or by his attorney. It shall be the duty of the party relying upon such minute entry to see that it is duly made.

Rule 18 - Jury Trials The following conduct shall apply to all jury trials: 1. If the case is settled after the Clerk of Court has mailed the notices to the jurors, each counsel is expected to pay $100 to the Clerk of District Court to help defray the cost of notifying each juror that the case is settled and he or she need not appear for trial. 2. Attorneys shall have a conference with the Judge on-half hour prior to trial. 3. A routine trial day will begin at 9:00 a.m. with the luncheon recess at 11:45 a.m. Trial will resume at 1:00 p.m. and will end at 5:00 p.m. There will ordinarily be two fifteen-minute mid-morning recesses each day. The Court may extend the trial past 5:00 p.m. 4. Each party shall prepare an index of exhibits which he or she expects to offer. At the pre-trial conference counsel shall provide a copy for the Court and a copy for opposing counsel. 5. Counsel shall affix labels to their exhibits before the pre-trial conference, legibly marked with the exhibit number or letter and the cause number. Plaintiff's exhibits shall be marked in numerical sequence; Defendant's exhibits in alphabetical sequence. If there are more than twenty-six exhibits for the Defendant, they shall be marked "AA", "BB", etc. 6. It is expected that a copy of each labeled exhibit will be provided to opposing counsel at or before the pre-trial conference, and counsel will provide an additional copy of each labeled exhibit for the Court at that time, bound in a ring binder and index tabbed. To expedite trial, each exhibit to be offered shall be reviewed by opposing counsel prior to the pre-trial conference with the Court and a determination made as to whether an objection will be lodged and the and the basis for the objection. It is not anticipated that there will be interruptions of the trial for review of exhibits. 7. Counsel shall provide the Court with two copies of a list of their


Note: contact the local District Court for any exhibits or forms referred to within these pages. 23. The Court will provide the attorneys with the prearranged order of the Instructions to be given. 24. NOTE -- The Court will be in session until at least 5:00 p.m. Have witnesses ready to testify. Do not waste jury time. If arguments need to be made outside the presence of the jury, inform the Court before the jury is called in, or do so during recesses. 25. The judge needs time to make rulings on objections - questioning by attorneys will not proceed until the Judge rules. Attorneys may make arguments only with the approval of the Judge and outside of the presence of the jury. It is the responsibility of objecting counsel to interpose the objection before the witness begins answering, otherwise the objection is untimely. 26. Attorneys should advise their witnesses to "speak up" when testifying. 27. Offers of proof will be made, whenever possible, during recesses and outside of the presence of the jury. 28. At no time during the trial, except in voir dire, may the attorneys ask questions or seek information from the jury. 29. The use of any electronic evidence must be preceded by complete setup and testing of all equipment prior to the opening of Court or during a recess. 30. It is the responsibility of all attorneys to brief their witnesses on matters which are inadmissable, such as the mention of insurance, and matters which have been excluded by Court Order. 31. If exclusion of witnesses has been ordered, it is the responsibility of each attorney to exclude their own witnesses and to instruct them not to discuss their testimony with waiting witnesses. 32. Attorneys have the reponsibility of keeping themselves, their parties, and their witnesses apart from the jury at all times. 33. Unless advance permission is granted by the Court, attorneys shall be limited to one hour per side for final argument, including Plaintiff's rebuttal argument. 34. During final argument, the attorney must stay a reasonable distance from the jury box. 35. One attorney from each side shall stay in the Courthouse during jury deliberations unless otherwise directed by the Court. 36. Attorneys must be courteous to one another and to the Court staff. 37. Parties and witnesses must be appropriately dressed.

Rule 19 - Bench Trials

The following conduct shall apply to all bench trials: 1. A routine trial day will begin at 9:00 a.m. with the lunch recess at 11:45 a.m. Trial will resume at 1:00 p.m. and will end at 5:00 p.m. There will ordinarily be a fifteen-minute mid-morning recess and a fifteenminute mid-afternoon recess each day. The Court may extend the trial past 5:00 p.m. 2. Each party will prepare an index of exhibits the he or she expects to offer. At the pre-trial conference counsel must provide a copy for the Court and a copy for opposing counsel. 3. Counsel will affix labels to their exhibits before the pre-trial conference, legibly marked with the exhibit number or letter and the cause number. Plaintiff's exhibits shall be marked in numerical sequence; Defendant's exhibits in alphabetical sequence. If there are more than twenty-six exhibits for the Defendant, they shall be marked "AA", "BB", etc. 4. It is expected that a copy of each labeled exhibit will be provided to opposing counsel at or before the pre-trial conference, and counsel will provide an additional copy of each labeled exhibit for the Court at that time, bound in a ring binder and index tabbed. To expedite trial, each exhibit to be offered shall be reviewed by opposing counsel prior to the pre-trial conference with the Court and a determination made as to whether an objection will be lodged and the basis for the objection. It is not anticipated that there will be interruptions of the trial for review of exhibits. 5. Counsel will provide the Court with two copies of a list of their repsective witnesses at the pre-trial conference. One copy will be given to the Court Reporter to avoid asking the spelling of names. 6. Counsel shall prepare a glossary of any unusual or technical terminology and provide it to the Court Reporter prior to trial. 7. Stipulations will be placed on the record before the opening statement by Plaintiff's counsel. This is especially helpful in dissolution actions so the Court is aware of what issues have been resolved and is prepared to anticipate questions of relevancy. 8. Attorneys should not have witnesses go to the easel with their

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respective witnesses at the pre-trial conference. One copy will be given to the Court Reporter to avoid asking the spelling of names. 8. Counsel shall prepare a glossary of any unusual or technical terminology and provide it to the Court Reporter prior to trial. 9. Attorneys shall provide the Court and opposing counsel with instructions and verdict forms at the Pre-trial Conference, and any additions as soon thereafter as possible. Attorneys shall check instructions to avoid duplicates. The new Montana Pattern Instructions shall be used as primary source. 10. Instructions shall be on 8 1/2 x 11 paper, and in the form of the attached Instruction. 11. Attorneys shall check their proposed instructions for spelling, errors in gender, and singular or plural parties. 12. The length and conduct of voir dire examination shall not exceed one (1) hour per side without prior leave of Court. a. Only one attorney for each party shall be allowed to question the prospective jurors on voir dire. b. The only proper purpose of voir dire is to select a panel which will fairly and impartially hear the evidence presented and render a just verdict, and to determine the grounds for any challenge for cause. Accordingly, the Court, in exercising its discretion, will discourage counsel from: 1. Asking questions of an individual juror that are suscep tible of being asked collectively. 2. Asking questions covered by and answered in the juror questionnaire, except to explore some answer in great depth. 3. Repeating questions asked and answered. 4. Using voir dire for the purpose of attempting to instruct the jury on the law. 5. Using voir dire for the purpose of arguing the case. 6. Asking a juror what his verdict might be under any hypothetical situation, based upon expected evidence or otherwise. 13. There shall be no vocal challenge of jurors except for cause. Peremptory challenges shall be exercised or waived by counsel indicating on the jury list to be kept by the Clerk of Court what jurors are peremptorily challenged. 14. No exhibits or charts will be allowed in opening statement without prior approval of the Court, unless the exhibit has been previously agreed to. 15. Attorneys should not stand between the witness and the jurors. 16. If counsel intend to use diagrams or large exhibits, it is preferred that they be prepared before trial and placed on the board or otherwise mounted for display in the courtroom during recesses to be utilize available time. Erasable blackboard illustrations are discourged since they cannot be preserved for the appellate record. 17. Attorneys should not have witnesses to go the easel with their back to the Court Reporter. 18. On the examination of witnesses, only one attorney for each side will be permitted to examine or cross-examine the same witness without prior permission of the Court. 19. Any attorney or party who anticipates that any witness to be called in trial may refuse to answer a question on the grounds that the answer may tend to incriminate him or her, shall so advise the Court in advance of such witness testifying. The Court shall hold a hearing outside of the presence of the jury to determine if, in fact, such will be the case. An appropriate order will then be entered for the purpose of avoiding, if possible, "taking the 5th" in the presence of a jury. 20. If the attorney for either party offers himself or herself as a witness on behalf of his client and gives evidence on the merits of an issue, he or shel shall not argue the case or sum it up to the jury except by permission of the Court and then he or she shall not comment on his or her own testimony. The only exception to this rule is the issue of attorney's fees. 21. Not more than three witnesses for each side will be allowed to testify as to character in any case, civil or criminal, without first obtaining permission of the Court. 22. In any case, civil or criminal, no agreement or stipulation between the parties or their counsel with respect to the proceedings in any cause will be considered for any purpose by the Court unless made in open court in the record or entered upon the Minutes, or unless in writing, subscribed by the party against whom it is sought to be enforced, or by his or her attorney. It shall be the duty of the party relying upon such minute entry to see that it is duly made.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. backs to the Court Reporter. 9. If counsel intend to use diagrams or large exhibits, it is preferred that they be prepared before trial and placed on the board or otherwise mounted for display in the courtroom during recesses to be utilize available time. Erasable blackboard illustrations are discourged since they cannot be preserved for the appellate record. 10. On the examination of witnesses, only one attorney for each side will be permitted to examine or cross-examine the same witness without prior permission of the Court. 11. NOTE -- The Court will be in session until at least 5:00 p.m. Have witnesses ready to testify. 12. Not more than three witnesses for each side will be allowed to testify as to character in any case, civil or criminal, without first obtaining permission of the Court. 13. Not more than three non-expert witnesses for each side will be allowed to testify concerning parenting practices and abilities in any contested action concerning custody or visitation of children without first obtaining permission from the Court. 14. In any case, civil or criminal, no agreement or stipulation between the parties or their counsel with respect to the proceedings in any cause will be considered for any purpose by the Court unless made in open court in the record or entered upon the Minutes, or unless in writing, subscribed by the party against whom it is sought to be enforced, or by his or her attorney. It shall be the duty of the party relying upon such minute entry to see that it is duly made. 15. The judge needs time to make rulings on objections - questioning by attorneys will not proceed until the Judge rules. 16. Attorneys shall advise their witnesses to "speak up" when testifying. 17. The use of any electronic evidence must be preceded by complete setup and testing of all equipment prior to the opening of Court or during a recess. 18. If exclusion of witnesses has been ordered, it is the responsibility of counsel to exclude their own witnesses and to instruct them not to discuss their testimony with waiting witnesses. 19. Attorneys must be courteous to one another and to the Court staff. 20. Parties and witnesses must be appropriately dressed.

Rule 20 - Final Parenting Plan, Disclosure In dissolution of marriage or legal separation actions, a decree will not be signed unless the court file contains proof of compliance with the following: A. Section 40-4-234, MCA. In the event there are minor children who are the issue of the parties, the proposed final parenting plan must be in sufficient detail for the Court to determine whether it is in the "best interest of the children". B. Sections 40-4-253, 40-4-254, and 40-4-257, MCA. For other than summary dissolutions, these statutes provide a final declaration of disclosure of assets, liabilities, and a current income and expense declaration. Note the certification and filing requirements under Section 40-4-254, MCA. Also note, under Section 40-4-257, MCA, the final disclosure requirements may be waived, but only if the preliminary declaration of disclosure requirement of Section 40-4-252, MCA has been complied with. C. The statutes do not make an exception for dissolutions or separations by default. D. Rule 5(a), M.R.Civ.P. provides, in part: "No service need be made on parties in default for failure to appear...". E. Requesting relief at trial that is different from that originally requested at the time of service is an "additional claim". Rule 54(c), M.R.Civ.P. requires that a judgement by default not be different in kind from, or exceed in amount, that prayed for in the demand for judgment. Thus, when a respondent has failed to appear and that person's default has been entered, or could be entered, the relief requested by the petitioner at the time of hearing may not differ from the relief requested in such documents as the Petition, Proposed Parenting Plan, and Proposed Division of Property and Debts. F. Rule 55(b), M.R.Civ.P. requires that a request for entry of a default judgment be to the Court and not to the Clerk of Court if it is for other than a sum certain. Dissolution and Separation actions, by requiring a finding that a division of property and debts is not unconscionable, precludes the Clerk of Court from entering a default judgment and invokes the discretion of the Court. If judgment by default is sought against someone who has appeared, that person must be provided written notice of application for judgment at least three days prior to the hearing. Additionally, if it is

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necessary for the Court to take into account or to determine the amount of property or debts, or to establish the truth of any allegation so as to enable it to enter judgment or to carry judgment into effect, the Court "may conduct such hearings or order such references as it deems necessary and proper...". G. The obvious reasons for the above rules are to provide notice to the respondent of what the petitioner is requesting; the petitioner's detailed proposed parenting plan; the petitioner's detailed proposed division of property and debts; and the accurate computation of child support. The Court and the parties are entitled to finality in these matters. The Courts have the responsibility to determine whether property divisions are equitable, whether parenting plans are in the best interests of the children, and whether child support follows the guidelines. Full disclosure reduces the possibility of a collateral attack on the decree. In cases where service was originally made by publication, attempts to comply with the above statutes will be reviewed by the Court on a case by case basis. Rule 21 - Children In The Middle Video Presentation A. In all proceedings for dissolution of marriage or legal separation which involve minor children, both Petitioner and Respondent shall attend the "Children In The Middle" video presentation and discussion period before a decree will be entered by the Court. B. Attendance is mandatory.

Rule 22 - Alternative Dispute Resolution Mediation is a confidential meeting between the parties and the mediator to seek and promote communication between the parties with a view toward reaching a settlement. The parties may agree to attend a mediation conference without counsel. Any agreement reached in mediation shall be promptly reduced to writing and upon execution by the parties, a written status report shall be filed with the Court. A. Parties, at their own expense, may voluntarily retain a private individual for medation of their case. B. In domestic relations cases, mediation is mandatory. C. Settlement Conference. In all civil cases, the Court may require, at any time during the case, a settlement conference before an appointed settlement judge. Any party may move the Court to order a settlement conference. At the discretion of the Court, trial may be postponed or not scheduled until after a settlement conference is held. D. Sanctions. Failure of a party or counsel to participate in good faith in court-ordered medation or settlement, may result in sanctions such as imposition of costs and attorney's fees incurred by opposing party.

Rule 23 - Criminal Guilty Plea Before the Judge will accept any plea of guilty, a full executed document substantially in the form hereafter set forth and served upon all counsel and the defendant shall be filed with the Court.

Rule 24 - Criminal Law - Restitution Attorney's Fees

Pursuant to Montana law, at the time of any sentencing hearing in criminal matters involving appointed counsel, the prosecution and defense shall be prepared to present evidence and argument regarding restitution and attorney's fees. At the time of sentencing, defense counsel shall provide the Court with the fees and costs incurred in the case. The pre-sentence report shall determine restitution, if applicable, together with evidence supporting that sum. Failure to provide the above information may be considered grounds for contempt.

Rule 25 - Vision Net Teleconference and Telephonic Testimony

A. In an effort to conserve time and money, and without prejudging the rights of any party, witnesses may appear by Vision Net teleconference provided a motion has been made, served on opposing counsel, and there are no objections. Arrangements must be made in advance through the person designated by the Judge for the particular department. The cost of the Vision Net or other video conferencing shall be borne by the party requesting the use of the teleconference. B. Testimony by telephone audible to all parties will be allowed only if all parties to the action agree.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 26 - Attorney's Fees A. In fixing attorney’s fees in all uncontested cases where the same are recoverable by virtue of any statute, or left to be fixed by the Court or by agreement of the parties, the following maximum fees will be applied: On all sums up to $1,000.00 — 33.33%. On all sums over $1,000.00 but less than $3,500.00 — $333.33 plus 20% of the amont over $1,000.00. On all sums over $3,500.00 but less than $7,500 — $833.33 plus 10% of the amount over $3,500.00. On all sums over $7,500.00 — $1,233.33 plus 1% of the amount over $7,500.00. The minimum fee on all foreclosure proceedings shall be $750.00. Extra fees may be allowed in the discretion of the Court. B. In fixing attorney's fees in all contested actions and proceedings, the Court will determine the fee commensurate with the character of the litigation and the amount of legal work involved. When an attorney acts as personal representative and does not employ counsel, a fee equal to one and one-half of the amount fixed by statute for personal representatives will be allowed. In guardianship, conservatorship, and trustee matters, the Court will allow reasonable fees for services rendered. Extra fees may be allowed in contested cases or in cases of unusual legal work. This rule may be suspended by any judge presiding and in any case he deems advisable.

Rule 27 - Treatment Court

Either Judge may defer a case to any treatment court available within the judicial district.

Rule 28 - Adoptions In all adoption matters, the procedures in Section 42-2-101, MCA, et seq. are required. Rule

29 - Closing Estate With Foreign Personal Representative

A. In those probate matters in which a foreign personal representative is qualified under the provisions of Section 72-4-303, MCA, et seq., upon completion of such matter, the attorney or the foreign personal representative must file with the Court a certificate of completion. Such certificate shall be substantially in the following form: CAPTION OF THE CASE 1. I am the (attorney, personal representative) in the above- entitled estate. 2. The inventory of Montana property has been filed as required. 3. The inheritance tax application has been filed and all taxes due the state have been paid, if required. 4. All property has been distributed to those persons entitled thereto. Upon filing of such certificate, the Court will issue its order closing the estate. Rule 30 - Dismissal For Failure To Take Action A. When no proceedings have been taken in any civil action for a period of one year, the action may be dismissed with or without prejudice by the Court on its onw motion after giving 20 days notice of such intended dismissal, unless good cause is shown. B. In estate matters not closed pursuant to statute, the Clerk of Court shall notify the attorney of record 90 days before the expiration of two years from the filing of the estate matter. C. Cases and parts of cases closed for lack of prosecution shall be reinstated only by court order to reinstate upon agreement of the parties or good cause shown. If an order to reinstate is not entered, no judicial action will be taken in the case or part thereof.

Rule 31 - Bankruptcy A. If a party files for protection in bankruptcy court whilte a case is still pending in this district, that party shall immediately notify the Court and opposing counsel in writing of the filing and provide a copy of the bankruptcy cover sheet. Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice shall be filed and upon such a filing, a party may request and obtain dismissal of the clairm.

Rule 32 - Free Press and Fair Trial

Within the spirit of the First Amendment, the presiding judge in any court proceedings open to the public shall permit the recording and broadcasting by radio and television, and the taking of photographs in circumstances of the individual case, or any portion thereof, that such recording, broadcasting, or photography would not substantially and materially interfere with the primary function of the court to resolve disputes fairly under the law. The following guidelines apply: Television and Radio - The judge may limit the number of cameras in the Courtroom and may order that coverage be pooled. Cameras shall be located in a preselected position and operated by one camerman each. If pooling is ordered or agreed upon, unless the judge orders otherwise, it will be the responsibility of each broadcast news representative to achieve an understanding as to who will function at any given time and as to how the coverage will be pooled. All representatives shall share in the pool arrangement. A television camera shall give no indication as to whether it is or is not operating. Sufficient film and/or tape shall be available to alleviate film or tape changes except during Court recesses. Microphones, if utilized, shall be limited to five: one at each counsel table, one at the podium, one at the bench, and one near the witness chair. The television microphone shall also serve the radio media. All equipment shall be in place at least 15 minutes before each session. Broadcast coverage outside the Courtroom shall be handled with care and discretion but need not be pooled. The jury voir dire process shall not be televised or broadcast. Print Media - Representatives of the press, including still photographers, will be accommodated on a first-come, first-serve basis, and position themselves in the spectator section. Photographers/reporters will not be permitted to roam the Courtroom. No flash cameras will be permitted and the cameras used shall operate with no distracting noise. General - Jurors' faces will not be broadcast, photographed or drawn. There will be absolutely no interviews of jurors, witnesses, or court personnel during the trial either inside or outside the Courtroom. There will be no land telephones or cellular telephones in the Courtroom.

Rule 33 - Amendment/Relief Amendments to these rules may be made from time to time by Court order filed with the Clerk of Court for each county within the Seventh Judicial District. If counsel believe in good faith they have a situation which is not adequately covered by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the Court for its consideration. These rules, in addition to the Uniform District Court Rules, shall apply to all cases in each county in the Seventh Judicial District, and shall be entered upon the Minutes in each county in the Seventh Judicial District. The Clerk of Court shall keep an original copy of these rules and any amendments thereto. Any conflict between these rules and the Montana Rules of Civil Procedure, Criminal Procedure, or Uniform District Court Rules shall be resolved against these local Court Rules. Revised August 1, 2007.

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C. In criminal matters, counsel may appear for omnibus hearings by video conference or by telephone provided there is no objection from opposing counsel and the Court is advised in advance of the hearing.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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MONTANA EIGHTH JUDICIAL DISTRICT COURT RULES CASCADE COUNTY

Rule 1 - Scope These Rules govern the procedure in the District Court of the Eighth Judicial District of the State of Montana. They shall be construed to secure the just, speedy and inexpensive determination of every action. These Rules supplement the Montana Rules of Civil Procedure, Uniform District Court Rules, statutes related to Criminal Procedure and other applicable provisions of Montana Code Annotated. All prior Rules issued by the Eighth Judicial District are superceded in their entirety.

Rule 2 - Departments of the District Court

The District Court of the Eighth Judicial District of the State of Montana is hereby divided into three departments:

Department A -- presided over by Judge Thomas M. McKittrick Department B -- presided over by Judge Julie Macek Department C -- presided over by Judge Kenneth R. Neill Department D - presided over by Judge Dirk Sandefur

The position of Chief Judge is assumed for a calendar year by each presiding judge in the year set forth below and continuing in the same order thereafter:

Department A - 2006 Department B - 2007 Department C - 2008 Department D - 2005

The District Court Judges shall meet monthly at a regular time and place designated by the Chief Judge and at such other times as they shall agree. Decisions of the District Court are made by unanimous vote of the District Judges. All four judges shall serve simultaneously as Youth Court Judges. The Chief Judge shall serve as Chief Youth Court Judge.

Rule 3 - Division of Business All matters filed in each docket shall be allocated among the four departments in random rotation. Depending upon the department in which the case is filed, the case designation shall begin with the letter "A", "B", "C" or "D". If jurisdiction over the case passes to another judge in the District, that judge's department designation shall be included after the last number of the case designation in parenthesis as either "(a)", "(b)", "(c)" or ("d") Trials and hearings on contested matters shall be before the judge of the department having jurisdiction. Pursuant to Section 3-1-308 MCA, the first district judge substituted or disqualified shall call in all subsequent judges by first attempting to call in another judge of the Eighth Judicial District prior to calling in a judge from another district.

Rule 4 - Filing of Pleadings and Other Papers A. Civil Rules Applicable: Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative. B. Form of Papers Presented for Filing: Documents should be firmly bound with holes punched at the top ready for placement in the Court file. Any filing fee required by statute must accompany the document or it w ill not be filed. All papers filed in any action must conform to Rule 1 of the Montana Uniform District Court Rules. Any paper not in conformity with this Rule shall not be filed by the Clerk and shall be returned to the party submitting it. If filed, it may be stricken by the Court. C. Necessary Copies Presented: When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Pre-addressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk. D. When Leave of Court Required: When leave of Court is required before a pleading can be filed, a proper motion must be filed and served. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not

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apply to filing an Information in a criminal case.

Rule 5 - Court Records

A. Withdrawal of Files or Papers. The clerk may not permit files or documents to be removed from the office except upon order of the Court for good cause shown. The clerk must obtain a receipt from any party removing any file or Court record. B. Juvenile (Delinquent Youth and Youths In Need of Care) and Adoption Matters. Except as provided by statute, the records and files in juvenile and adoption actions shall not be withdrawn, examined, or inspected by anyone except upon order of the Court. C. Withdrawal Prohibited. No will, bond, or undertaking shall be taken from the clerk's office under any circumstances, and no judgment before it is recorded. D. Exhibits. Exhibits offered during a trial may be withdrawn at any time after trial upon stipulation of counsel. After a judgment has become final and appeal rights no longer exist, any party may withdraw any exhibit which that person has offered into evidence, unless some person has theretofore filed with the clerk notice that said third person is entitled to the exhibit. Withdrawal shall then be permitted only on order of the Court. If exhibits are not withdrawn within thirty days after the judgment has become final and non-appealable, the clerk shall give ten days' notice to the party offering the exhibit of his/her intention to dispose of the same and may do so, if not then withdrawn, after obtaining a Court order to destroy the exhibit.

Rule 6 - Uncontested Calendar A. Uncontested Calendar Day. The uncontested calendar shall be heard at 9:00 A.M. each Wednesday. The calendar shall be rotated among the judges on an agreed upon basis. B. What Matters May Be Heard on The Uncontested Calendar. All uncontested matters, judgments by default, probate proceedings, uncontested ex parte matters, and the like shall be heard on the uncontested calendar, except as otherwise ordered by the Court for good cause shown. C. Scheduling of Uncontested Matters. Matters may be placed on the uncontested calendar only upon written request to the Clerk of Court not later than noon on the preceding Tuesday. D. Contested Matters Shall Be Postponed. Any matter set for the uncontested calendar which proves to involve contested issues shall be subject to postponement to be set on the contested calendar. E. Limitations. No matter may be set on the uncontested calendar until the motion or other documentation and all relevant supporting documents have been filed with the clerk. A proposed order, decree, or judgment may be presented to the Court at or before the time the matter is to be heard.

Rule 7 - Contested Hearings

A. Disposition of Motions. All motions shall be disposed of pursuant to Rule 2 of the Uniform District Court Rules, or as otherwise required by the Montana Rules of Civil Procedure. B. Notice of Issue. When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the Court indicating that the matter is ready for ruling by the Court. The party filing the Notice of Issue shall supplementally serve a copy of the Notice of Issue on the Court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue. The Clerk shall thereupon deliver the original Notice of Issue and the Court file to the judge having jurisdiction. C. Motions to Dismiss. Motions to Dismiss by a Defendant not supported by a timely brief shall be deemed overruled and the moving party shall have twenty (20) days after notice from the Clerk to further plead. D. Briefs. Except with leave of Court for good cause, Initial and Answer Briefs shall not exceed 20 pages. Reply Briefs shall not exceed 10 pages. E. Requests for Oral Argument. When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position. Oral argument will be set only by Court order, whether upon motion of a party or upon a sua sponte determination that oral argument would be beneficial. A proposed order shall accompany any request for oral argument and the Clerk of Court shall promptly deliver both documents to the judge.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 8 - Time Limits In any hearing, contested or uncontested, or in any show cause hearing, injunction hearing or trial of any case, the Court may direct the parties to state the amount of time their case will take to present. The Court may then impose time limits on the presentation by each party, and retains the discretion to allot a lesser time than that requested by each party. In the event time limits are imposed, the Court has full authority and discretion to enforce those limits.

Rule 9 - Scheduling Orders A. Scheduling Orders. When a case is at issue, any party may file a motion for a scheduling order. A scheduling order shall be issued in substantially the form of Exhibit A or Exhibit B (domestic case) a ttached. In lieu of a motion for scheduling order, any party may move for a scheduling conference. The party filing the Motion shall supplementally serve a copy of the Motion on the Court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion. The dates in the scheduling order shall not be changed absent Court order upon a showing of good cause. Motions to extend deadlines or dates shall include a statement of the trial date, if set. B. Exemptions. Pursuant to Rule 16(b), M.R.Civ.P., the following matters are exempt from the scheduling procedure required by this Rule (Exhibit A) unless such a case becomes a contested case: (1) juvenile cases; (2) URESA actions; (3) dependent and neglect cases; (4) abstracts and transcript of judgment and enforcement of judgment; (5) adoptions; (6) sanity; (7) probates; (8) criminal cases (included to eliminate the possibility of confusion); (9) municipal court , justice court and small claims appeals; (10) administrative appeals (11) seizures and forfeitures; (12) habeas corpus; (13) name changes; and (14) conservatorships and guardianships.

Scheduling in the above matters shall proceed according to orders issued in each case.

Rule 10 - Settlement Conferences A. Settlement Conferences Required. In each civil case, there will be a settlement conference. The conference shall be a master or mediatorsupervised settlement conference, which is provided for in the Scheduling Order prepared and issued in accordance with Rule 9 of the Local Rules. (Sample Exhibit "A" and "B".) B. Proceedings Confidential. No person present at a settlement conference, including the settlement master or mediator, shall be subject to examination concerning statements made by any person or the positions of the parties at the settlement conference. The parties will not subpoena or otherwise require the settlement master or mediator to testify regarding the settlement conference or the settlement master's or mediator's opinions regarding the case.

Rule 11 - Trials and Trial Settings A. Trial Dates. Trial dates shall be set at any stage of the proceedings deemed appropriate by the presiding judge. B. Jury Panels. At least thirty days prior to the commencement of the jury term, a panel of jurors shall be drawn to be used by all judges. The jury term is January through December. The clerk of court shall, upon a juror's service on a trial, remove that juror's name from the panel (unless requested by the juror to serve on more panels). Any juror who comes in for selection on a case and who is not called to serve on the trial, shall have their name put back into the panel for further selection. C. Six Person Juries. Pursuant to ' 3-15-106, MCA, in all civil actions where the relief sought in the Complaint is under the sum of $10,000.00, the trial jury shall consist of six persons. The parties may stipulate to six-person juries in other civil cases. D. Voir Dire Examination. Time limits for voir dire examination in civil cases may be set at Final Pre-Trial Conference. The only proper purpose of voir dire of jurors is to select a panel who will fairly and impartially hear the evidence presented and render a just verdict and to determine the grounds for any challenge for cause. As a general rule, counsel should not: (1) Ask any questions of an individual juror that are susceptible of being asked collectively. (2) Ask questions covered by and answered in the juror questionnaire, except to explore some questionnaire answer in greater depth. (3) Repeat questions asked and answered, even though asked by opposing counsel. (4) Use voir dire for the purpose of attempting to instruct the jury on the law. That is the Court's function. (5) Use voir dire for the purpose of arguing the case. (6) Ask a juror what his or her verdict might be under any hypothetical situation based on any expected evidence or otherwise. Upon failure of counsel to abide by this rule, the Court may assume voir dire of the jury. In such case, the Court may require counsel to submit in writing specific questions to be asked by the Court. E. Vacating Trials. If a jury trial setting is vacated pursuant to settlement or a motion within 5 days of trial, the parties or any of them may be assessed jury costs incurred, including a clerk's salary for up to three days and sheriff's costs.

Rule 12 - Criminal Actions

A. Use of Forms. A written Acknowledgment and Waiver of Rights in substantially the form attached as Exhibit C shall be presented to the Court by defense counsel at or before the time of a guilty plea. Plea Agreements shall be in substantially the form of Exhibit D-1 (binding) and D-2 (non-binding) attached. B. Omnibus Hearings. Except as otherwise provided by order of the presiding judge, the form order attached as Exhibit E shall be completed at the Omnibus Hearing. C. Status Hearings. A Status Hearing shall be held on the record before the Court. The Defendant shall be present. Prior to the Status Hearing, counsel for the prosecution and defense shall have conducted plea negotiations. They shall report thereon to the Court at the Status Hearing. If a Plea Agreement has been reached, the Court may take the change of plea at that time. The parties shall be prepared to discuss the status of discovery, likely motions, the scheduling of hearings, whether there is reason to change the trial date and any other pre-trial issues. D. Arraignment. At arraignment, the Court shall issue an order substantially in the form of Exhibit F attached.

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F. Notice to the Judge of Settlement. In the event any contested matter set for hearing is resolved between the parties, the judge's judicial assistant shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case. A written stipulation or appropriate pleading shall subsequently be filed within two (2) days. Failure to abide by this provision may result in imposition of sanctions by the Court. G. Discovery Motions. The Court will deny any motion pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, unless counsel shall have conferred concerning all disputed issues before the motion is filed. If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the judge may order the payment of reasonable expenses, including attorney's fees, pursuant to Montana Rules of Civil Procedure 37(a)(4). Counsel for the moving party shall include in the motion a statement of compliance with this rule. H. Contested Hearings. Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant. I. Courtesy Copies. If any pertinent document is filed within 48 hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge's chambers. J. Motions to Continue or for Extensions. Motions to continue and for extensions must be in writing and shall state the position of opposing counsel to the motion. It is not sufficient that the motion state that opposing counsel could not be contacted. If a motion to continue or for extensions does not state the position of opposing counsel, the motion shall be subject to Rule 2, Uniform District Court Rules. The Court will not rule on the motion until the response time has expired. K. Reminders to the Court. If a judge has any matter under advisement for more than 90 days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. E. Motions. A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing. Unless otherwise ordered, the following motions do not require a brief and may be ruled on summarily without prior notice to opposing counsel: Motions to Set/Reset/Vacate Hearings for: - Arraignments - Answer Hearing - Bail Hearing - Status Conference - Omnibus Hearing - Final Pre-Trial Conference - Jury Trials - Bench Trials

- Change of Pleas - Sentencing - Evidentiary Hearings - Dispositional Hearings - Miscellaneous Hearings - Vacate any Pre-Trial Hearing and Set for Change of Plea - Telephonic Hearings

Miscellaneous Motions: - Add Witnesses - Neuro-Psycho Evaluation - Additional Time to File/ State to Pay Costs Respond to Briefs - Quash Transportation Order - Change Conditions of - Quash Order Release - Quash Bench Warrant - Chemical Evaluation - State - Reinstate Bond and Release to Pay Costs Defendant - Request for Credit For - Release Defendant's Personal Time Served Property - State to Pay for Costs of - Seal Plea Agreement Deposition - Sex Offender Evaluation - State - Request for Defendant to to Pay Costs Attend Funeral and Wear - Substitution of Counsel Street Clothes - Transport Defendant - Request for Interpreter - Withdraw as Counsel of Record State to Pay Costs - Psychological Evaluation - Request for Defendant to State to Pay the Costs Leave Cascade County/ - Mental Evaluation State to State of Montana Pay the Costs - Discovery Request

Rule 13 - Domestic Actions A. Assumption of Cases Involving Families and Children by One Department. In order to better serve the needs of families and children as well as efficient administration of justice, cases involving families/ children and/or conservators/guardianships shall be consolidated so that one judge has jurisdiction of all related civil and criminal proceedings. Some examples of cases which would be consolidated pursuant to this Rule are: (1) conservatorship civil proceeding (2) civil commitment proceeding (3) juvenile proceeding (4) criminal cases involving domestic violence or other violence which affects or impacts the child directly (5) abuse/neglect cases and adoptions (6) dissolutions In those instances where related cases have been filed in different departments, the cases shall be assumed by the Court in jurisdiction which has jurisdiction over the first case filed, but remain separate causes. Such assumption by one department will insure consistent and fully informed decisions concerning families. Inquiry shall be made at scheduling and omnibus hearings to determine if there are related cases. B. Juvenile Cases Involving Same Transaction. Where two or more juveniles are charged with offenses arising out of the same transaction, one judge shall have jurisdiction over all such actions. C. Parenting Plan Guidelines. The Parenting Plan Guidelines attached as Exhibit G are hereby incorporated into these Rules. Counsel shall provide a copy of these guidelines to clients in cases involving parenting.

Rule 14 - Stipulations No agreement or consent between the parties, or their attorneys, shall be accepted by the Court unless made in open Court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney. It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

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Rule 15 - Absence or Disability of Judge The work of the district shall be interchangeable between the judges thereof during the absence or disability of any of them or upon the request of any judge. During the absence of any judge, the judges present and presiding, or any of them, may enter orders and make disposition, temporary or final, of any case or matter pending before the absent judge. However, when any order is made for a hearing to be had thereafter, the judge present and presiding shall make the order returnable before the judge to whom it is assigned. Thereafter, it shall be the duty of counsel to consult with the assigned judge to either confirm or reset the hearing date fixed.

Rule 16 - Outside Judge

When a case is assigned to a judge from another district, the clerk shall make and forward to such judge a complete copy of the case file to date. Likewise, copies of documents subsequently filed shall be promptly transmitted to the judge. The outside judge shall be encouraged to schedule hearings and trials in consultation with the judicial assistant of the judge who originally had jurisdiction. The judge of this district who originally had jurisdiction and the clerk shall promptly notify one another when they learn of any hearing or trial scheduled by the outside judge so that necessary arrangements can be made.

Rule 17 - Dismissal of Action for Laches

The clerk of court will, on an annual basis, bring to the attention of the judge in whose department it is filed any cause which the pleadings show to have been at issue and no activity thereon for more than one year. An order to show cause for failure of prosecution will be issued, and the Court may dismiss the case unless good cause is shown that it should remain open.

Rule 18 - Order to Show Cause and Temporary Restraining Orders

Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge. One shall be signed by the judge as the original order and retained as part of the Court file. The other shall be issued by the clerk and shall be used for the purpose of making service.

Rule 19 - Judgment on Written Instrument In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the Court. The clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date. The clerk shall sign the entry, attach the official seal, and file the instrument. The instrument shall not be removed except by the order of the Court in writing setting forth the facts of such removal.

Rule 20 - Rules of Decorum The District Court adopts the Courtroom Decorum and Practice Guidelines attached hereto as Exhibit "H".

Rule 21 - Free Press and Fair Trial Within the spirit of the First Amendment, the presiding judge in any court proceedings open to the public shall permit the recording and broadcasting by radio and television, and the taking of photographs in the courtroom unless the judge is convinced from the particular circumstances of the individual case, or any portion thereof, that such recording, broadcasting, or photographing would substantially and materially interfere with the primary function of the court to resolve disputes fairly under the law. The following guidelines shall apply: TELEVISION & RADIO. The judge may limit the number of cameras in the courtroom and may order that coverage be pooled. Cameras shall be located in a preselected position and operated by one cameraman each. If pooling is ordered or agreed upon, unless the judge orders otherwise, it will be the responsibility of each broadcast news representative to achieve an understanding as to who will function at any given time and as to how the coverage will be pooled. All representatives shall share in the pool arrangement. A television camera shall give no indication as to whether it is or is not operating. Sufficient film and/or tape capacities shall be available to alleviate


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 22 - Treatment Court

The judges of the Eighth Judicial District Court of the State of Montana hereby establish a Treatment Court. The Eighth Judicial District Treatment Court seeks to improve the quality of life in our community by establishing a comprehensive, diversionary program of incentives and sanctions aimed at breaking the offender's addiction. Possible Treatment Court participants will be screened by the County Attorney's Office and recommended to the Court for entry through a joint stipulation between the County Attorney and the defendant's attorney. Eligibility for Treatment Court will be limited to defendants charged with one of the following enumerated offenses, or a probation violation thereof: CRIMINAL POSSESSION OF DANGEROUS DRUGS, A FELONY, in violation of Section 45-9-102 MCA; THEFT, A FELONY, in violation of Section 45-6-301 MCA, when motivated by addiction; ISSUING A BAD CHECK, A FELONY, in violation of Section 45-6-316 MCA, when motivated by addiction; DECEPTIVE PRACTICES, A FELONY, in violation of Section 45-6317, when motivated by addiction; and FORGERY, A FELONY, in violation of Section 45-6-325 MCA, when motivated by addiction. Defendants with prior violent or sexual offense convictions, or who have other pending felony charges, will not be eligible to take part. The Treatment Court Judge shall have the authority to impose conditions on participants pursuant to the Court's statutory contempt powers and the contractual nature of plea agreements under Montana Law. These legal bases also provide the Treatment Court jurisdiction to sanction these offenders for failure to comply with Treatment Court conditions. Amended January 1, 2005

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film or tape changes except during Court recess. Microphones, if utilized, shall be limited to five: one near each counsel table, one at the podium, one on the bench, and one near the witness chair. The television microphone shall also serve the radio media. All equipment shall be in place at least 15 minutes before each session. Broadcast coverage outside the Courtroom shall be handled with care and discretion, but need not be pooled. The Jury Voir Dire Process shall not be televised or broadcast. PRINT MEDIA Representatives of the press, including still photographers, will be accommodated on a first-come first-served basis, and position themselves in the spectator section. Photographers/reporters will not be permitted to roam the Courtroom. No flash cameras will be permitted and the cameras used shall operate with no distracting noise. GENERAL Jurors' faces will not be filmed, photographed or drawn. There will be absolutely no interviews of jurors, witnesses, or court personnel during the trial either in or out of Court. There will be no available telephones or cellular telephones in Courtroom.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA NINTH JUDICIAL DISTRICT COURT RULES TETON, TOOLE, GLACIER and PONDERA COUNTIES

Rule 1 - Scope

These Rules govern the procedure in the District Court of the Ninth Judicial District of the State of Montana. They shall be construed to secure the just, speedy and inexpensive determination of every action. These Rules supplement the Montana Rules of Civil Procedure, Uniform District Court Rules, statutes related to Criminal Procedure and other applicable provisions of Montana Code Annotated. All prior Rules issued by the Ninth Judicial District are superseded in their entirety.

Rule 2 - Conducting Business & Law and Motion Court will convene at 9:00 o’clock A.M. on each judicial day to conduct judicial business, unless the court orders otherwise. For example, telephonic scheduling conferences may be scheduled at 8:45 A.M. The typical schedule for Law and Motion is on a bi-weekly basis: Every other Monday: Pondera County Every other Tuesday: Teton County Every other Wednesday: Glacier County Every other Thursday: Toole County Counsel and parties should set and confirm hearing dates with the Clerk of Court. In the event that counsel or parties encounter extreme difficulties because of the date selected, they should consult with the opponent and then advise the court by stipulation or motion supported by brief and affidavit stating efforts to contact the opponent and the opponent’s position.

Rule 3 - Filing of Pleadings and Other Papers

A. Civil Rules Applicable: Any pleading filed in any civil action which does not conform to Rule 10 or 11 of the Montana Rules of Civil Procedure may be stricken by the court on its own initiative. B. Form of Papers Presented for Filing: Documents should be firmly bound with holes punched at the top ready for placement in the court file. Any filing fee required by statute must accompany the document or it will not be filed. All papers filed in any action must conform to Rule 1 of the Montana Uniform District Court Rules. Any paper not in conformity with this Rule shall not be filed by the clerk and shall be returned to the party submitting it. If filed, it may be stricken by the court. C. Necessary Copies Presented: When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Preaddressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk. D. When Leave of Court Required: When leave of court is required before a pleading can be filed, a proper motion must be filed and served. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not apply to filing an Information in a criminal case.

Rule 4 - Court Records

A. Withdrawal of Files or Papers. The clerk may not permit files or documents to be removed from the office except upon order of the court for good cause shown. The clerk must obtain a receipt from any party removing any file or court record. B. Juvenile (Delinquent Youth and Youths In Need of Care) and Adoption Matters. Except as provided by statute, the records and files in juvenile and adoption actions shall not be withdrawn, examined, or inspected by anyone except upon order of the court. C. Withdrawal Prohibited. No will, bond, or undertaking shall be taken from the clerk’s office under any circumstances, and no judgment before it is recorded. D. Exhibits. Exhibits offered during a trial may be withdrawn at any time after trial upon stipulation of counsel. After a judgment has become final and appeal rights no longer exist, any party may withdraw any exhibit which that person has offered into evidence, unless some person has filed with the clerk notice that a third person is entitled to the exhibit. Withdrawal shall then be permitted only on order of the court. If exhibits are not withdrawn within thirty days after the judgment has

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become final and non-appealable, the clerk shall give ten days’ notice to the party offering the exhibit of his/her intention to dispose of the same and may do so, if not then withdrawn, after obtaining a court order to destroy the exhibit.

Rule 5 - Contested Matters A. Disposition of Motions. All motions shall be disposed of pursuant to Rule 2 of the Uniform District Court Rules, or as otherwise required by the Montana Rules of Civil Procedure. B. Notice of Issue. When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a “Notice of Issue” with the court indicating that the matter is ready for ruling by the court. The party filing the Notice of Issue shall additionally serve a copy of the Notice of Issue on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Notice of Issue. The clerk shall thereupon deliver the original Notice of Issue and the court file to the judge having jurisdiction. C. Motions to Dismiss. Motions to Dismiss by a Defendant not supported by a timely brief shall be deemed overruled and the moving party shall have twenty days after notice from the clerk to further plead. D. Briefs. Except with leave of court for good cause, Initial and Answer Briefs shall not exceed twenty pages. Reply Briefs shall not exceed ten pages. E. Requests for Oral Argument. When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position. Oral argument will be set only by court order, whether upon motion of a party or upon a sua sponte determination that oral argument would be beneficial. A proposed order shall accompany any request for oral argument and the Clerk of Court shall promptly deliver both documents to the judge. F. Notice to the Judge of Settlement. In the event any contested matter set for hearing is resolved between the parties, the judge’s judicial assistant shall be immediately advised so that other matters may be scheduled in the time previously allotted for that case. A written stipulation or appropriate pleading shall subsequently be filed within two days. Failure to abide by this provision may result in imposition of sanctions by the court. G. Discovery Motions. The court will deny any motion pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, unless counsel shall have conferred concerning all disputed issues before the motion is filed. If counsel for the moving party seeks to arrange such a conference, and opposing counsel willfully refuses or fails to confer, the judge may order the payment of reasonable expenses, including attorney’s fees, pursuant to Montana Rules of Civil Procedure 37(a)(4). Counsel for the moving party shall include in the motion a statement of compliance with this rule. See also Rule 4 of the Uniform District Court Rules. H. Contested Hearings. Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge’s judicial assistant. I. Courtesy Copies. If any pertinent document is filed within fortyeight hours of a contested hearing or oral argument, a copy thereof shall be delivered to the judge’s chambers. J. Motions to Continue or for Extensions. Motions to continue and for extensions must be in writing and shall state the position of opposing counsel to the motion. It is not sufficient that the motion state that opposing counsel could not be contacted. If a motion to continue or for extensions does not state the position of opposing counsel, the motion shall be subject to Rule 2, Uniform District Court Rules. The court will not rule on the motion until the response time has expired. K. Reminders to the Court. If a judge has any matter under advisement for more than ninety days, any party affected thereby may send to the judge a letter, with copies to all counsel, describing the matter under advisement and stating the date it was taken under advisement.

Rule 6 - Time Limits In any hearing, contested or uncontested, or in any show cause hearing, injunction hearing or trial of any case, the court may direct the parties to state the amount of time their case will take to present. The court may then impose time limits on the presentation by each party, and retains the discretion to allot a lesser time than that requested by each


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 7 - Scheduling Orders

A. Scheduling Orders. When a case is at issue, any party may file a motion for a scheduling order, and a scheduling order shall be issued. In lieu of a motion for scheduling order, any party may move for a scheduling conference. The party filing the Motion shall serve a copy of the Motion on the court at chambers and shall include certification of such supplemental service in the certificate of service for the original Motion. The dates in the scheduling order shall not be changed absent court order upon a showing of good cause. Motions to extend deadlines or dates shall include a statement of the trial date, if set. Please see Exhibit A. B. Exemptions. Pursuant to Rule 16(b), M.R.Civ.P., the following matters are exempt from the scheduling procedure required by this Rule unless such a case becomes a contested case: (1) juvenile cases; (2) URESA actions; (3) dependent and neglect cases; (4) abstracts and transcript of judgment and enforcement of judgment; (5) adoptions; (6) sanity; (7) probates; (8) criminal cases (included to eliminate the possibility of confusion); (9) municipal court , justice court and small claims appeals; (10)administrative appeals; (11)seizures and forfeitures; (12)habeas corpus; (13) name changes; and (14) conservatorships and guardianships. Scheduling in the above matters shall proceed according to orders issued in each case.

Rule 8 - Settlement Conferences

A. Settlement Conferences Required. In each civil case, there will be a settlement conference. The conference shall be a master or mediator-supervised settlement conference, which is provided for in the Scheduling Order prepared and issued in accordance with Rule 7 of these Rules. See Exhibits B and C. B. Proceedings Confidential. No person present at a settlement conference, including the settlement master or mediator, shall be subject to examination concerning statements made by any person or the positions of the parties at the settlement conference. The parties will not subpoena or otherwise require the settlement master or mediator to testify regarding the settlement conference or the settlement master’s or mediator’s opinions regarding the case. (§ 26-1-813, MCA.)

Rule 9 - Trials and Trial Settings

A. Trial Dates. Trial dates shall be set at any stage of the proceedings deemed appropriate by the presiding judge. B. Jury Panels. At least thirty days prior to the commencement of the jury term, a panel of jurors shall be drawn to be used. The jury term is July through June. The Clerk of Court shall, upon a juror’s service on a trial, remove that juror’s name from the panel (unless requested by the juror to serve on more panels). Any juror who comes in for selection on a case and who is not called to serve on the trial, shall have their name put back into the panel for further selection. C. Six Person Juries. Pursuant to § 3-15-106, MCA, in all civil actions where the relief sought in the Complaint is under the sum of $10,000.00, the trial jury shall consist of six persons. The parties may stipulate to six-person juries in other civil cases. D. Voir Dire Examination. Time limits for voir dire examination in civil cases may be set at the Final Pre-Trial Conference. The only proper purpose of voir dire of jurors is to select a panel who will fairly and impartially hear the evidence presented and render a just verdict and to determine the grounds for any challenge for cause. As a general rule, counsel should not: (1) Ask any questions of an individual juror that are susceptible of being asked collectively. (2) Ask questions covered by and answered in the juror questionnaire, except to explore some questionnaire answer in greater depth. (3) Repeat questions asked and answered, even though asked by opposing counsel. (4) Use voir dire for the purpose of attempting to instruct the jury on the

law. That is the court’s function. (5) Use voir dire for the purpose of arguing the case. (6) Ask a juror what his or her verdict might be under any hypothetical situation based on any expected evidence or otherwise. Upon failure of counsel to abide by this rule, the court may assume voir dire of the jury. In such case, the court may require counsel to submit in writing specific questions to be asked by the court. E. Vacating Trials. If a jury trial setting is vacated pursuant to settlement or a motion within five days of trial, the parties or any of them may be assessed jury costs incurred, including a clerk’s salary for up to three days and sheriff’s costs.

Rule 10 - Criminal Actions A. Use of Forms. A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea. Plea Agreements shall be submitted for either binding or non-binding. B. Omnibus Hearings. Except as otherwise provided by order of the presiding judge, the form order attached as Exhibit D shall be completed at the Omnibus Hearing. C. Status Hearings. A Status Hearing shall be held on the record before the court. The Defendant shall be present. Prior to the Status Hearing, counsel for the prosecution and defense shall have conducted plea negotiations. They shall report thereon to the Court at the Status Hearing. If a Plea Agreement has been reached, the court may take the change of plea at that time. The parties shall be prepared to discuss the status of discovery, likely motions, the scheduling of hearings, whether there is reason to change the trial date and any other pre-trial issues. D. Arraignment. At arraignment, the court shall issue an order. E. Motions. A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing. Unless otherwise ordered, the following motions do not require a brief and may be ruled on summarily without prior notice to opposing counsel: Motions to Set/Reset/Vacate Hearings for: - Arraignments - Bench Trials - Telephonic Hearings - Answer Hearing - Change of Pleas - Bail Hearing - Evidentiary Hearings - Status Conference - Dispositional Hearings - Omnibus Hearing - Miscellaneous Hearings - Final Pre-Trial Conference - Vacate any Pre-Trial Hearing - Jury Trials and Set for Change of Plea - Sentencing Miscellaneous Motions: - Add Witnesses - Additional Time to File/Respond to Briefs - Change Conditions of Release - Chemical Evaluation – State to Pay the Costs - Discovery Request - Mental Evaluation – State to Pay the Costs - Neuro-Psycho Evaluation – State to Pay the Costs - Psychological Evaluation – State to Pay the Costs - Quash Order - Quash Bench Warrant - Quash Transportation Order - Reinstate Bond and Release Defendant - Release - Quash Bench Warrant - Release Defendant’s Personal Property - Request for Credit For Time Served - Request for Defendant Attend Funeral and Wear Street Clothes - Request for Defendant to Leave _______ County/State of Montana - Request for Interpreter – State to Pay Costs - Seal Plea Agreement - Sex Offender Evaluation – State to Pay Costs - State to Pay for Costs of Deposition - Substitution of Counsel - Transport Defendant - Withdraw as Counsel of Record

Rule 11 - Domestic Actions A. Assumption of Cases Involving Families and Children by One Department. In order to better serve the needs of families and children as well as efficient administration of justice, cases involving families with children, conservators, or guardianships shall be consolidated so that one judge has jurisdiction of all related civil and criminal proceedings.

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party. In the event time limits are imposed, the court has full authority and discretion to enforce those limits.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. Some examples of cases which would be consolidated pursuant to this Rule are: (1) conservatorship civil proceeding; (2) civil commitment proceeding; (3) juvenile proceeding; (4) criminal cases involving domestic violence or other violence which affects or impacts the child directly; (5) abuse or neglect cases and adoptions; or (6) dissolutions. In those instances where related cases have been filed in different departments, the cases shall be assumed by the court in jurisdiction which has jurisdiction over the first case filed, but remain separate causes. Such assumption by one department will insure consistent and fully informed decisions concerning families. Inquiry shall be made at scheduling and omnibus hearings to determine if there are related cases. B. Juvenile Cases Involving Same Transaction. Where two or more juveniles are charged with offenses arising out of the same transaction, one judge shall have jurisdiction over all such actions. C. Parenting Plan Guidelines. The Parenting Plan Guidelines, attached as Exhibit E, are hereby incorporated into these Rules. Counsel shall provide a copy of these guidelines to clients in cases involving parenting.

Rule 12 - Stipulations

No agreement or consent between the parties, or their attorneys, shall be accepted by the court unless made in open court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party’s attorney. It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

Rule 13 - Outside Judge

Pursuant to Section 3-1-308 MCA, the district judge substituted or disqualified shall call in a judge from another district. When a case is assigned to a judge from another district, the clerk shall make and forward to such judge a complete copy of the case file to date. Likewise, copies of documents subsequently filed shall be promptly transmitted to the judge. The outside judge shall be encouraged to schedule hearings and trials in consultation with the judicial assistant of the judge who originally had jurisdiction. The judge of this district who originally had jurisdiction and the clerk shall promptly notify one another when they learn of any hearing or trial scheduled by the outside judge so that necessary arrangements can be made.

Rule 14 - Dismissal of Action for Laches The Clerk of Court will, on an annual basis, bring to the attention of the judge in whose department it is filed any cause which the pleadings show to have been at issue and no activity has occurred for more than one year. An order to show cause for failure of prosecution will be issued, and the court may dismiss the case unless good cause is shown that it should remain open.

Rule 15 - Order To Show Cause and Temporary Restraining Orders

Two originals of any order to show cause, temporary restraining order or like order shall be presented to the judge. One shall be signed by the judge as the original order and retained as part of the court file. The other shall be issued by the clerk and shall be used for the purpose of making service. Rule 16 - Judgement On Written Instrument In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the court. The clerk shall note in ink across the face of the instrument the fact of the entry of judgment and its date. The clerk shall sign the entry, attach the official seal, and file the instrument. The instrument shall not be removed except by the order of the court in writing setting forth the facts of such removal.

Rule 17 - Rules of Decorum The District Court adopts the Courtroom Decorum and Practice Guidelines attached as Exhibit F.

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Rule 18 - Free Press And Fair Trial Within the spirit of the First Amendment, the presiding judge in any court proceedings open to the public shall permit the recording and broadcasting by radio and television, and the taking of photographs in the courtroom unless the judge is convinced from the particular circumstances of the individual case, or any portion, that such recording, broadcasting, or photographing would substantially and materially interfere with the primary function of the court to resolve disputes fairly under the law. The District Court has the responsibility to assure appropriate decorum within the courtrooms of this court and to assure no substantial or material interference with the primary function of the court to fairly resolve disputes. No still photography, videotaping, audio recording or broadcasting of court proceedings shall occur without prior consent of the presiding district judge. That in the event such coverage is granted, the following guidelines shall apply: TELEVISION and RADIO. No more than one camera will be permitted. It shall be located in a preselected position and operated by one cameraman. It will be the responsibility of each broadcast news representative to achieve an understanding as to who will function at any given time and as to how the coverage will be pooled. Permission for such coverage is on the condition that all representatives share in the pool arrangement. The television camera shall give no indication as to whether it is or is not operating and it shall remain stationary during the entire proceeding. Sufficient film or tape capacities shall be available to alleviate film or tape changes except during court recess. Microphones, if utilized, shall be limited to three: one near counsel table, one on the bench, and one near the witness chair. The television microphone shall also serve the radio media. All equipment shall be in place at least fifteen minutes before each session. Broadcast coverage outside the courtroom shall be handled with care and discretion, but need not be pooled. The Jury Voir Dire Process shall not be televised or broadcast. PRINT MEDIA. Print Media Representatives, including still photographers, will be accommodated on a first-come basis, and position themselves in the spectator section. Photographers and reporters will not be permitted to roam the courtroom. No flash cameras will be permitted and the cameras used shall operate with no distracting noise. GENERAL. There will be no interviews of jurors, witnesses, or court personnel either in or out of court during a trial or any ancillary proceeding. This rule applies to all of the media. There will be no available telephones on the courtroom floor. Representatives of the media shall not be dressed in a manner which would set them apart from other spectators.

Rule 19 - Treatment Court A. Family Treatment Court. The Judge of the Ninth Judicial District Court of the State of Montana hereby establishes a Treatment Court. The Ninth Judicial District Family Treatment Court seeks to improve the quality of life in our community by establishing a comprehensive, diversionary program of incentives and sanctions aimed at breaking the offender’s addiction. Possible Treatment Court participants will be screened by the County Attorney’s Office and recommended to the court for entry through a joint stipulation between the County Attorney and the defendant’s attorney. Eligibility for Treatment Court will be limited to defendants charged with one of the following enumerated offenses, or a probation violation: CRIMINAL POSSESSION OF DANGEROUS DRUGS, A FELONY, in violation of Section 45-9-102 MCA; THEFT, A FELONY, in violation of Section 45-6-301 MCA, when motivated by addiction; ISSUING A BAD CHECK, A FELONY, in violation of Section 45-6-316 MCA, when motivated by addiction; DECEPTIVE PRACTICES, A FELONY, in violation of Section 45-6-317, when motivated by addiction; and FORGERY, A FELONY, in violation of Section 45-6-325 MCA, when motivated by addiction. Defendants with prior violent or sexual offense convictions, or who have other pending felony charges, will not be eligible to take part. The Treatment Court Judge shall have the authority to impose conditions on participants pursuant to the court’s statutory contempt powers and the contractual nature of plea agreements under Montana Law. These legal bases also provide the Treatment Court jurisdiction to sanction these offenders for failure to comply with Treatment Court conditions.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 20 - Cash Bail and Bail Bonds A. Cash Bail Delivery. Whenever cash bail is delivered to any Clerk of Court, justice of the peace, or municipal judge, the cash must, as soon as possible, be deposited in a special account with some financial institution where checks, warrants, or drafts can be drawn on the account for the transfer of funds. B. Transfer to District Court. Whenever bail has been set by and furnished to a justice of the peace and the cause in which the bail was furnished is being transferred to the District Court, the following must be followed: At the time the papers transferring the case to the District Court are filed with the Clerk of Court, the bail must also be delivered to the clerk. The amount and nature of the bail furnished must be endorsed upon the order whereby the justice or judge transfers the cause to the District Court. (1) If the bail furnished was cash bail, the justice or municipal judge must deposit a proper check, warrant or draft for the full amount of the bail. Upon receipt of the check, warrant or draft, the Clerk of Court must issue a trust fund receipt and deliver it to the justice of the peace. (2) If the bail furnished was a bail bond or other bail as permitted by § 46-9-401, MCA, the justice of the peace must deliver the actual documents furnished as bail to the Clerk of Court. Upon deposit of such bail, the clerk must issue a receipt specifying the documents received. C. Action Originally in District Court. Whenever bail has been set by and furnished to a justice of the peace in an action where the District Court has original trial jurisdiction, and the county attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: (1) The county attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the justice of the peace asking that the bail be transferred to the District Court; (2) The county attorney must deliver to the justice of the peace a duplicate copy of such request; (3) The justice of the peace must forthwith endorse upon the original request and the duplicate copy the proper information regarding the nature of the bail, and must forthwith transfer the bail to the District Court as provided in (1) or (2) above. The duplicate copy of the request must be filed with the Clerk of Court. (4) Prior to release of any bail or bond, the original receipt must be presented with appropriate identification. The funds will then be released

to the posting party only, unless otherwise directed by the court. Cash bonds posted by a defendant may be applied (or at least a portion) to restitution, fines and fees prior to release. Dated this 10th day of November, 2008.

____________________________ Laurie McKinnon District Judge

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B. Youth Treatment Court. The mission of the Ninth Judicial District Youth Treatment Court Program is to improve health and pro-social function of youth and families through application of therapeutic jurisprudence. Assessment of community resources indicated the Youth Treatment Court Program could likely provide services to twenty juveniles and their families annually. Specific eligibility criteria developed and approved by the Team and Advisory Group follow: § Any non-violent felony or misdemeanor offense; § Admission of offense; § Evidence of substance abuse pattern or disorder or documented risk for substance abuse; § No other pending legal cases; § 12 to 17 years of age (exceptions by Juvenile Drug Court Team; have jurisdiction until 21 years of age); § No history of violent offenses; § Youth has been placed on probation by means of consent adjustment, consent decree or disposition; § Youth is on probation pending disposition of a revocation or pending an additional disposition; § Youth and his or her parent(s)/guardian(s) are willing to participate and comply with Program requirements; or § Juvenile Probation and the County Attorney’s Office will review eligibility criteria on an individual basis, ensuring public safety and federal compliance through adherence to defined eligibility criteria. The following entities may refer a Juvenile and assess Youth Treatment Court Program eligibility; these entities are: District Court, Justice Court, Municipal Court, County Attorney’s Office, Public Defender’s Office, School, family or Juvenile Probation. The Youth Treatment Court Judge will request that all unanswered charges or outstanding warrants for youth accepted into the Youth Treatment Court Program be transferred to the Youth Treatment Court Judge.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONATNA TENTH JUDICIAL DISTRICT COURT RULES FERGUS, JUDITH BASIN and PETROLEUM COUNTIES

Preface The following Rules of Practice supplement the Uniform District Court Rules and the Montana Rules of Civil Procedure and any conflict shall be controlled by the Montana Rules of Civil Procedure and/or the Uniform District Court Rules.

Rule 1 - Law and Motion Days Law and motion days shall regularly be held in the courthouses in the county seats of the district as follows, except that the court may, in its discretion, hear and dispose of all law and motion matters at any place in the district: • Fergus County, Lewistown, Montana: Every Tuesday, except holidays and trial term. • Judith Basin County, Stanford, Montana: The second and fourth Monday of each month, except holidays and trial term. • Petroleum County, Winnett, Montana: The first and third Monday of each month, except holidays and trial term. Additional law and motion days may be held in any county of the district when, in the discretion of the judge presiding therein, the business of the district so requires. Documentation Presentation. 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. Continuances. Matters scheduled for law and motion may be continued by the court on its own initiative. Ex parte request to continue any matter set by court order for law and motion must comply with Rule 3, Uniform District Court Rules. Continuances are granted by motion only. Notice of Submittal. The Plaintiff/Petitioner is required to file a notice of submittal after all motions have been briefed, responses filed and reply briefs filed for final order by the Court.

Rule 2 - Law Library

The Law Library is no longer available for research and will not be updated on a regular basis. When required by statute and/or case law, legal research tools and materials will be made available upon written request of the individual or entity and approval by the presiding judge.

Rule 3 - Facsimile Filings

The filing of any document with the Clerk of Court that may be done by mail may be done by facsimile transmission subject to the provisions of this rule. Filing of Facsimile Document. The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing. If the original is not served on the same day as the facsimile transmission, service of the facsimile document must be made as provided in Rule 5, M.R.Civ.P. It is the obligation of the person faxing any document to arrange for it to be delivered to the Clerk of Court's office. A faxed document must show all necessary signatures or it will not be filed by the Clerk. Filing of Original. The sender shall, on the date of the facsimile transmission, mail the original of whatever is sent by facsimile to the Clerk of Court by first class mail. The original must be signed pursuant to Rule 11, M.R.Civ.P. The original of the document shall be filed by the Clerk and the date of filing shall be deemed to be the date of the filing of the facsimile transmission. Service of the original must be made as provided in Rule 5, M.R.Civ.P. The Certificate of Service must reflect that a facsimile transmission was sent to the Clerk of Court, and the date of such transmission. Unless an order of Court is obtained extending the time, failure of the Clerk to receive the signed original within five (5) working days shall cause the faxed document to be stricken and it shall be of no force or effect whatever. It shall be the obligation of the party filing the facsimile document to insure that the original is received by the Clerk of Court within the allotted five (5) working days. Facsimile Receivers. Documents may be faxed to the Clerk of Court in Lewistown (Fergus County) at (406) 538-6076; to the Clerk of Court in Stanford (Judith Basin County) at (406) 566-2211; and to the Clerk of Court in Winnett (Petroleum County) at (406) 429-6328. Fees and Costs. The use of facsimile equipment shall not change or delay the required payment of fees. It shall be the obligation of the person

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filing the faxed document to pay any required fees in the manner and within the time required by the Clerk of Court. It shall be the obligation of the person faxing any document to pay any costs associated with use of facsimile equipment or telephone services.

Rule 4 - Calendar In all non-contested matters, the Findings of Facts, Conclusions of Law and Proposed Orders must be filed with the Clerk of Court no later than 48 hours before the Court is to hear the matter. 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. Emergency matters may be presented to the Court at any time upon adequate showing by the moving party. Parties or counsel not prepared when their matter is called from the calendar will be moved to the end of the calendar and be heard subject to available time.

Rule 5 - Scheduling Procedure and Case Management Scheduling Procedure. Rule 16(b), M.R.Civ.P., requires a scheduling order to be issued no more than 120 days after filing of complaint. Within twenty (20) days of filing of all responsive pleadings or ninety (90) days after the filing of the complaint, whichever comes first, the Court will issue an Order Setting Scheduling Conference. In the absence of the Court's order, the parties may file a request for the scheduling conference. The attorneys for the parties and any unrepresented parties shall have a phone conference with the Clerk of Court and the Court at (406) 538-8028 to discuss a proposed scheduling order. Parties should be prepared at the scheduling conference with their calendars so a firm trial date can be set. A party desiring to participate via telephone must file a request to participate by telephone. Following the scheduling conference, a Scheduling Order with discovery deadlines and trial dates will be issued by the Court. The following matters (cases) shall be excluded from the foregoing under Rule 16(b), M.R.Civ.P.: 1. Youth Court Actions 2. Criminal Actions 3. Probates 4. Adoptions 5. Mental Commitment 6. Small Claims Appeals 7. Abstract or Transcript of Judgment 8. Administrative Appeals 9. Habeas Corpus and Post Conviction Relief 10. Name Changes 11. Abuse or Neglect Proceedings 12. Emancipation

Rule 6 - Pre-Trial and Trial Trial Settings. Trials shall be held throughout the year as scheduled. Trials may be stacked, i.e., more than one (1) trial may be set for the same time, and if so, the Court shall determine the order of priority. Regardless of order, counsel and parties should be prepared to commence trial at the time scheduled. If preempted by another trial, the Court will reset trial. Ex Parte Communications. There will be no ex parte discussion with the Court of substantive issues involving pending or anticipated cases without the presence of or notice to all opposing parties, or without prior approval or stipulation of opposing parties. A violation of this rule may result in imposition of sanctions against the offending party or attorney. Six-Person Juries. Pursuant to § 3-15-106, MCA, in all civil actions where the relief sought in the complaint is under the sum of ten thousand dollars ($10,000.00), the trial jury shall consist of six (6) persons. The Court encourages parties to stipulate to six-person juries in other civil cases where appropriate. Extension of Discovery Deadlines. Discovery deadlines are to be followed. Extension of deadlines 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. Scheduling Orders. The Court's Scheduling Orders shall be complied with as to specific dates set forth in the Scheduling Orders. If documents are submitted to the Clerk of Court in violation of the Court's Scheduling Orders, i.e., beyond the required filing date, such documents shall be


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 7 - Dismissal for Failure to Prosecute When no proceedings have been taken in any civil cause for a period of one year, the action will be dismissed on its merits and/or the file closed by the Court on its own motion after ten (10) days' notice of such intended dismissal unless good cause to the contrary is shown. 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. Within ten (10) days of such notice, any other party may file an objection and notice the matter for hearing. The Clerk shall give notice to the attorneys of record or the parties when an action is dismissed pursuant to this rule.

Rule 8 - Trial Briefs If required by the Scheduling Order, 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 laws of the case and in support of the introduction of evidence proposed to be offered.

Rule 9 - Voir Dire-Opening Statements-Closing Arguments

Rule 9-Voir Dire-Opening Statements-Closing Arguments. Voir Dire. Voir dire shall not be conducted in a manner calculated to create prejudice or bias or to disqualify the entire panel by what may be revealed by one prospective juror. Sensitive matters may, upon request, be examined one juror at a time and out of the presence of the balance of the panel. Voir dire shall not be used to argue the merits of the case.

The Court's Jury Trial Ground Rules (attached hereto as Exhibit "A") will supplement the aforementioned rules and will be included with both parties' Scheduling Orders for all jury trials. The use of written instructions anticipated to be given by the Court shall not be permitted, but this does not prohibit reasonable inquiry concerning aspects of the law which are applicable to the issues. Time limits for voir dire examination shall be established for each party at the final pre-trial conference, unless for good cause shown, additional time is secured from the Court. Opening Statements-Closing Arguments. Opening statements shall be limited to one-half hour. At the conclusion of trial, closing arguments (including rebuttal) shall be limited to one hour; for good cause, additional time may be requested.

Rule 10 - Stipulations and Agreements Stipulations and Agreements between the parties or their attorneys shall be made on the record and reduced to writing.

Rule 11 - Rules of Decorum (a) The Court adopts the Tenth Judicial District Courtroom Decorum and Practice Guidelines attached hereto as Exhibit "B." (b) Photography and Media. Broadcasting, television, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of Court, or recesses between sessions, shall be allowed only with prior notice to, and specific permission of, the presiding judge. All equipment used and persons using it shall remain behind the bar. No flashlights, or other lighting equipment, or large microphones shall be used. Photographers, television cameras, and other recording devices, when allowed, shall remain stationary, and shall be used so as to not disrupt the proceedings. No photographs of or televising of the members of a jury shall be permitted. (c) Removal. Parties or other persons in the courtroom while the Court is in session shall be subject to removal for behavior or actions considered disruptive or threatening.

Rule 12 - Marital Dissolution Cases Child Support Guidelines. As long as application of Uniform Child Support Guidelines is required under § 40-4-204, MCA, 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. Support 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. Notice to Child Support Enforcement Division. 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, and if so, petitioner shall immediately notify Montana's Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.

Rule 13 - Criminal Actions

Financial Disclosure by Indigent. Defendants desiring Court-appointed counsel due to indigence shall file a sworn Financial Disclosure Application substantially in the form available through the Court Administrator, Sheriff's Department, or 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 indigence that reimbursement for all or portions of costs incurred by the county in providing appointed counsel may be required and shall contain the applicant's agreement to diligently inform the Court of any substantial change in the reported financial conditions. Court-Appointed Counsel. (1) Appointment. Upon determination of entitlement under § 46-8-101, MCA, counsel will be appointed to represent a defendant. (2) Compensation. Court-appointed attorneys in criminal actions shall be compensated at rates set by the District Court Judge, which rates are within the guidelines established by the State. Expenses reasonably incurred in representation shall also be reimbursed, provided expenses

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filed only with leave of the Court. Voluminous exhibits supporting Motions to Compel, Motions for Summary Judgment and similar motions shall be accurately described in a notice filed with the Court in support of the motions, with the actual documents and exhibits being lodged with the Clerk of Court for use by the District Court and Appellate Courts. Upon conclusion of the case, the supporting documents shall be returned to the parties. The Clerk of Court shall conspicuously post this Order Requiring Leave of Court to File Documents in Violation of Scheduling Orders and Lodging of Exhibits. Monitoring. The Clerk of Court will monitor deadlines established by Scheduling Order(s). Failure to diligently respond to monitoring inquiries may result in sanctions, including removal from the trial calendar or loss of trial priority status. Final Pre-Trial Conference. A date and time for the final pre-trial conference under Rule 5, Uniform District Court Rules, will be set at the scheduling conference. Each party represented by counsel will have an attorney present at the final pre-trial conference with authority to make stipulations and admissions. Counsel should inform the Court at the final pre-trial conference of health conditions or other special needs of counsel, a party or witness that will likely need attention during trial. Exhibits. Exhibits are to be appropriately marked, with plaintiff/petitioner using numbers and defendant/respondent using letters. Proposed exhibits are to be lodged with the Court and a copy is to be provided for the bench. Telephonic or Video Testimony. Telephonic or video testimony by witnesses should be the exception and not the rule. No telephonic or video testimony will be permitted absent leave of the Court. Should leave of the Court be granted allowing telephonic or video testimony, the party seeking leave shall be responsible for all costs associated with procuring such testimony including, but not limited to, telephone toll charges and video conferencing charges. Sanctions. Sanctions for violating the Court's Scheduling Order or pretrial conference agenda may be imposed under Rule 16(f), M.R.Civ.P Postponement of Trials. Requests to continue trial must be by written motion setting forth specific reasons and a statement whether other parties oppose the continuance. Continuances are addressed to the discretion of the judge. 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. If any action set for a jury trial is continued within 96 hours of the trial date, the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. shall not exceed State accepted rates, and expenses shall not exceed three hundred dollars ($300.00) in aggregate without Court approval. (3) Pre-Sentence Investigation Report (PSI). In order to determine a defendant's ability to reimburse costs of his/her defense counsel, Courtappointed 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. Bail. Initial Bail Request. At the time of seeking leave to file an Information, the County Attorney shall submit a proposed order and may provide recommendations for bail pending initial appearance. Bail From Lower Courts. Whenever bail has been furnished to a Justice or City Court, and the cause is transferred to District Court, bail bond or cash bond is to be transferred to the Clerk of Court by the initial appearance. If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail. Arraignment. (1) Delivery of Charging Documents. In the absence of an emergency, and to assist in the speedy administration of justice in the District Courts, the prosecutors shall deliver a copy of any charging documents to the accused and/or his or her 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. (2) Court Entered "Not Guilty" Plea. A defendant unwilling to enter a plea at the time of arraignment is subject to the Court entering a "not guilty" plea. In such event, the defendant, on request, will be allowed to reserve for a reasonable time the right to move against the charging document(s) and to file motions and assert all defenses to which he/she may be entitled. Omnibus Hearing. Setting. Following a plea of "not guilty", the Court will set the omnibus hearing described in § 46-13-110, MCA, usually within 30 to 45 days. Omnibus hearing will be conducted between the prosecution and defense counsel, and upon completion, submitted to the Court for approval. Discovery. Unless motion is filed seeking protection, the prosecution shall make disclosure under § 46-15-322, MCA, or seek extension as allowed thereunder. The defendant shall make disclosure under § 4615-323, MCA, unless a motion is filed seeking protection. Waiver. Upon submission of a completed and signed Omnibus Hearing Memorandum Form, counsel will be deemed to have waived an omnibus hearing before the Court, absent a request to the contrary. Mental Competency Issues. Upon motions under § 46-14-202, MCA, requesting examination, defendant's counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination. Should examination be ordered upon defendant's motion, defense counsel shall be responsible to assure a report of examination under § 46-14-206, MCA, is timely filed. Plea Agreement. Plea Discussions. No defendant is required to discuss a plea agreement. Written Plea Agreements. Plea agreements under § 46-12-211, MCA, must be reduced to writing, signed by counsel and the defendant, and entered into evidence. Alford Pleas. 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. Effect on Trial Setting. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court. Pre-Sentence Investigation Report. In preparing a Pre-Sentence 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. Unless effectively waived by a defendant, a PSI shall be completed and filed with Court no later than one (1) week prior to sentencing. Prior to sentencing, defense counsel shall review the filed PSI with defendant. Sentence Review. All Court-appointed attorneys will remain retained counsel for indigent defendants through sentence review petitions and procedures. Presence of Sheriff's Department. Unless excused by the Court, an officer of the Sheriff's Department shall be present during sentencing. The prosecution shall inform the Sheriff's Department of the dates and times of all sentence hearings.

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Rule 14 - Youth in Need of Care Temporary Investigative Authority (TIA). An order of temporary investigative authority and protective services issued under § 41-3-433, MCA, shall not extend beyond ninety (90) days. The action is subject to dismissal unless the person or party filing the petition brings the matter for adjudicatory hearing under § 41-3-437, MCA, within the time period provided.

Rule 15 - Confidential Criminal Justice 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. 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. A hearing may be held at the Court's discretion. Following in camera inspection, should dissemination of confidential criminal justice information be allowed, the information shall be returned to the requested agency for dissemination. Dissemination shall be subject to copying costs paid in advance to the requested agency.

Rule 16 - Bankruptcy 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. Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

Rule 17-Appeals from Justice Court or City Court Scheduling. When an appeal from Justice or City Court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall notify the Court so that a scheduling conference may be set. This provision does not apply to appeals on the record from Small Claims Court. Failure to Appear. In any appeal from Justice or City Court, if one of the parties does not appear for scheduling, the Court may dispose of the matter as the ends of justice dictate, including issuance of order dismissing the appeal.

Rule 18 - Removal to Small Claims Court All actions for recovery of money or specific personal property where the amount in controversy does not exceed three thousand dollars ($3,000.00) shall be subject to removal to Small Claims Court pursuant to § 3-10-1004, MCA.

Rule 19 - Closure of Estates The Clerk of Court shall notify the judge of all estate matters that remain pending two (2) years after appointment of the personal representative. The Court may thereupon order the personal representative and attorney to appear and show cause under § 72-3-1015, MCA, why the estate has not been closed.

Rule 20 - Evidence as to Character Not more than two witnesses will be allowed to testify as to character in any cause, civil or criminal, without leave of the Court being first asked and obtained.

Rule 21 - Alternative Dispute Resolution Mediation. Parties, at their cost, may voluntarily retain a private individual for mediation of their case. In such case, mediation shall be a confidential meeting between the parties and the mediator to seek and promote communication between the parties with a view toward reaching a settlement agreement. Parties may agree to attend mediation without counsel. 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. Settlement Conference. In all civil cases, the Court may require at any time a settlement conference before an appointed settlement judge or master. Any party may move the Court to order a settlement conference with an appointed settlement judge or master. At the discretion of the Court, trial may be postponed or not set until after a settlement


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 22- Miscellaneous

Law Clerk. The judge shall have a Law Clerk to perform such duties as the District Court Judge shall direct, including research, preparation of findings and conclusions, and serving as a special master. The Court reserves the right to assign all dissolution matters to its Law Clerk who shall serve as a special master pursuant to Rule 53, M.R.Civ.P., and § 3-5-113 (2001), MCA. Rule 23-Amendment Relief.

Rule 23 - Amendment Relief Amendment. Amendments to these rules may be made from time to time by Court order filed with the Clerk of Court for each county within the Tenth Judicial District. Relief. If counsel believe in good faith they have a situation which is not covered adequately by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the Court for its consideration. Applicability. These rules, in addition to the Uniform District Court Rules, shall apply to all cases in each Court in each county in said district, and shall be entered upon the minutes of this Court in each county of said district. The Clerk of Court shall keep an original copy of these rules and any amendments thereto. Effective February 14, 2003

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conference. Settlement Judge or Master. The settlement judge may be either a current or retired State District Court Judge. The settlement master may be any person qualified under Rule 58, M.R.Civ.P. Settlement Conference Defined. A settlement conference is a confidential meeting between the parties, attorneys and the settlement judge/master with a view toward negotiating a settlement. 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. The parties and their attorneys must be present unless excused by the settlement judge/master. Sanctions. Failure of a party or counsel to participate in a Courtordered settlement conference may result in sanctions such as imposition of costs and attorney's fees incurred by opposing party in preparation for settlement conference. Confidential. No person present at a settlement conference shall be subject to examination concerning statements made by any other person at the settlement conference. Parties cannot subpoena or otherwise require the appointed settlement judge/master to testify regarding his/ her opinions or other matters expressed at the settlement conference. Attendance of Insurance Claims Person. In all cases where pertinent, claims representative(s) from insurance companies, with requisite settlement authority, shall be required to attend the settlement conference in person or by speaker phone. Upon good cause shown, the Court may require personal appearance. Fees. Fees charged by a settlement judge/master may be imposed upon parties at the discretion of the Court. Settlement Documents. If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled. Once of record, the agreement is binding and enforceable. Within thirty (30) days, settlement documents must be prepared and filed. Sealing Confidential Information. 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.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA ELEVENTH JUDICIAL DISTRICT COURT RULES FLATHEAD COUNTY IT IS HEREBY ORDERED that the existing rules of practice of the District Court of the Eleventh Judicial District of the State of Montana are revoked, and the following rules of practice are adopted as the Court's rules of practice, effective this 1st day of February, 1991. These rules supplement the Uniform District Court rules (UDCR}, Title 25, Chapter 19, MCA. Where applicable, the rules of this Court, as well as the UDCR shall apply to criminal as well as civil proceedings.

Rule 1 - Departments and Assignment of Cases (Amended 7/21/2000} : A. Assignment of Cases. The District Court is divided into three Departments: Department 1, Judge Ted 0. Lympus, Department 2, Judge Katherine R. Curtis and Department 3, Judge Stewart E. Stadler. Civil, criminal, juvenile and probate actions and proceedings shall be assigned to the departments on a random basis. Upon the filing of an action to which this rule applies, the Clerk shall append to the case number an "A" , "B", or "C" to designate that the cause has been assigned to Judges Lympus, Curtis or Stadler, respectively, as determined by random selection. B. Consolidation of Cases. A Petition for Consolidation, pursuant to Rule 42(a} , Montana Rules of Civil Procedure, shall be filed in each action to be consolidated. The Judge in whose department the initial action was filed shall determine whether consolidation shall be ordered and all actions thus consolidated shall be assigned to that department. C. The work in the District shall be interchangeable among the Judges thereof during the absence or disability or upon the request of the Judge. Any Judge making any Order for the Judge of another Department will be presumed to have acted with the consent of that Judge. Actions by one Department relative to a case assigned to any other Department shall not, by that fact alone, result in a transfer of the case. D. Any Judge may, with the consent of the other, and after starting the basis therefor, transfer any action, matter or proceeding to another Department. Notice of said transfer shall be provided all parties. E. In the absence of judicial disqualification, no cause may be transferred from one department to the other without the Court's order of approval, considered and signed by both Judges.

Rule 2 - Law and Motion

Law and motion shall be set and heard at 8:30 A.M., Tuesday and Wednesday (Department A-Judge Lympus) at 8:45 A.M. Tuesday and Wednesday (Department B-Judge Curtis) , and 8:30A.M., Thursday and Friday (Department C-Judge Stadler). No matter may be set for Law and Motion until the motion and all documents relevant to the matter to be heard have been filed and an~ proposed Order or Decree has been submitted to the Clerk of Court. Emergency, nontestimonial or self-evident documents requiring the Court's attention may be mailed to or left with the secretary for the particular Court assigned to the case with a request for the Court's immediate attention. However, any document or request requiring further explanation or support must be presented by counsel to the Court at its regularly-scheduled time for law and motion.

Rule 2A - Standing Order

(Entered 9/25/95) : In order to more efficiently manage the ex parte motions being presented to the Court, the three Departments of the Eleventh Judicial District Court of the State of Montana will require the moving party and/or their attorney to personally present the ex parte motion to the Court. The motion and other necessary paperwork should be accompanied by the full court file. The Court also reminds and admonishes parties and/or their attorneys to submit the required affidavits setting forth the necessary information in order to meet the statutory requirements.

Rule 3 - Hearings on Motions

NOTE: See UDCR 2 A. When counsel desire oral argument on a motion, other than a motion for summary judgment, they shall so state in a separate document entitled "Request for Oral Argument," including therein the reasons in

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support of oral argument and why they are unable to fully and satisfactorily articulate their position in a brief. B. Counsel shall include with their Request for Oral Argument a proposed Order granting oral argument. In the event the Court determines that oral argument would be beneficial to a determination of the motion and grants oral argument, the moving party has a duty to schedule such argument with the appropriate Court personnel and to notify opposing counsel. C. If the Court determines sua sponte that oral argument on a motion would be beneficial to a determination of the motion, it shall so order; the moving party then has the duty to schedule oral argument and to notify opposing counsel. D. Scheduled hearings on motions pending may be continued by the Court, on its own initiative, or upon the written motion of any party, with notice to all adverse parties. All such motions to continue must be submitted in writing and accompanied by an appropriate formal order prepared for the Court's approval. E. Time settings for hearing on contested motions will be obtained exclusively from the individual designated by the Court.

Rule 4 - Orders

Any motion filed with the Court shall be accompanied by a proposed Order granting the relief sought.

Rule 5 - Service of Process and Papers

(Amended 5/9/2000): A. Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in the Montana Rules of Civil Procedure, or other applicable statute, shall be filed with the Clerk promptly, and in any event before any action is to be taken thereon by the Court or the parties. Failure to provide proof of service upon the applicable parties in any action will prohibit the filing of such documents with the Clerk of Court. Any communication with the Court including letters from parties in any actions shall also require proof of service before being filed by the Clerk of Court or submitted to the presiding Judge. B. Parties shall furnish to the Clerk all necessary copies of any proposed judgment, order, or other document to be signed by the court, together with self-addressed, stamped envelope, so as to permit the Clerk to comply with the notice or service provisions of any applicable statute or rule.

Rule 6 - Scheduling Orders; Communications with the Court A. Scheduling Orders. Not later than 120 days after the filing of a Complaint in a Civil (DV) or Dissolution (DR) action counsel for the Plaintiff or Petitioner shall file a written Motion for Scheduling Order which shall be issued by the court in accord with Rule 16(b) , M.R.Civ.P. Failure to file such motion in a timely manner may result in sanctions, including dismissal. Counsel for the Defendant or Respondent may also move for a Scheduling Order in their discretion. B. Communications. The Court will not receive letters or other communication from counselor parties which do not indicate on their face that copies have been sent to opposing counsel. C. Ex parte Communications. There will be no ex parte discussion with the Court of substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. A violation of this rule may result in a disqualification of the Judge for cause as well as imposition of sanctions against the offending attorney or party. D. Reminders to Court In the event a Judge has under advisement any matter, including, but not limited to, a motion or decision in a bench trial, for a period of more than sixty (60) days, each party affected thereby shall send to the Judge a letter particularly describing the matter under advisement and stating the date the matter was taken under advisement.

Rule 7 - Court Records A. The Clerk shall not permit any files or documents to be removed from the office without prior order of the Court, signed by the Judge to whom the affected cause has been assigned. The Clerk must obtain a receipt from any party removing any file or court record. B. The records and files in dependent/neglect and adoption actions shall not be withdrawn, examined, or inspected by anyone except upon order of the Court. The records of the Youth Court are governed by Sec-


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 8 - Filings

A. All motions and briefs shall be filed with the Clerk of District Court. B. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring leave of Court to file, the movant shall file with the motion a copy of the proposed pleading or amendments and lodge the original with the Clerk of Court. If leave to file is granted, the Clerk shall file the original forthwith. C. Pursuant to UDCR No.4 no discovery document may be filed with the Clerk of Court without prior leave of the Court. Upon receipt of a deposition, after leave of Court has been granted, the Clerk shall open it and file it in the open file, unless otherwise ordered. The Clerk shall notify all counsel when a deposition has been filed. D. When a demand for a jury trial is incorporated in a pleading, counsel are to so indicate in the title as well as the body of the pleading. E. Any papers filed which do not conform to Rule 10 or Rule 11 of the Montana Rules of Civil Procedure may be stricken by the Court on its own initiative upon such terms as to the Court may appear just. F. When any written order is made by the Court, it must immediately thereafter be presented to the Clerk for filing. G. A copy of any order, the original of which is being taken out for service, shall be presented to the Clerk for a minute entry immediately upon the signing thereof. H. All briefs required by rule, regulation or by Court order to be filed by a date certain shall be filed by 5:00 P.M. by the date certain. Except where approval from the Court is obtained prior to the date certain, and notice thereof is provided to each party by the party seeking an extension of time, filing beyond the date certain may result in the Court's disregarding the brief and citing the delinquent party's attorney for contempt. I. No individual brief shall exceed 25 pages in length, exclusive of indexes and appendixes, without prior leave of the Court. J. Citations of authority must include photocopies of all cases referred to which are not found in the Federal, Pacific or Montana reporting services available in the Flathead County Law Library.

Rule 9 - Settlement Conferences and Pretrial A. All civil and domestic actions set for trial shall be subject to a settlement conference pursuant to the requirements of the scheduling order unless specifically waived by order of the Court for cause shown. *All criminal actions set for trial shall be subject to a resolution conference in Department 1 as set by the Court. *(Department 1 no longer requires a resolution conference) . B. If a pretrial conference should be deemed unwarranted or unnecessary in any cause, the Court will order the cause to be taken from the pretrial calendar and tried without a pretrial order. C. In all cases in which a pretrial order is required, the parties, contentions must be filed with the Clerk and served upon opposing counsel.

Rule 10 - Jury Terms and Jury Trials A. * There shall be two jury terms annually. The spring term shall commence on the first Monday in September. Each term shall continue until the commencement of the succeeding term. *(Terms are set by Rule 16 Scheduling Orders and may not follow this Rule) . B. Criminal causes will be set for jury trial by the Court on its own initiative. C. All civil causes governed by the Montana Rules of Civil Procedure which are at issue, and in which a pretrial order has been signed, will be set for trial by the Court on its own initiative. All cases set for trial shall be fully prepared to begin trial on that date. D. Whenever the trial of any cause will require the attendance of expert witnesses or parties who reside outside the state, counsel for the party intending to call such witnesses or parties shall so alert the Court and opposing counsel at the pretrial conference. In setting the calendar the Court will, whenever practicable, set such cases for trial to begin on a date certain. E. Unless otherwise directed at the pretrial conference, proposed instructions to the jury in a civil action shall be presented to the Court and served upon each adverse party three (3) days before trial. The original and one copy of each instruction proposed must be furnished to the Court, and must bear the identification or numbering system of its proponent, and the authority relied upon, as shown on Exhibit A attached

to these rules. Instructions to the jury shall be on 81/2" x 11" paper, and since that must also contain a citation of authorities at the bottom of the instruction, as well as an indication of the party on whose behalf the instruction is requested, and be numbered consecutively, the proposed instructions should be submitted on paper longer than ll-inch. with the citation of authorities and the indication of the party on whose behalf it is reguested on that portion of the instruction that exceeds the 11- inch length. Thus. once the instructions are finally settled. the instructions that are going to be given to the jury shall be trimmed to the ll-inch length with a paper cutter.The Court may receive additional proposed instructions relating to questions arising during the trial at any time prior to completion of settlement of jury instructions. Proposed forms of verdict must be submitted by each party at the same time and in the same manner as the jury instructions. The Court requests that, where possible, a computer disk compatible with IBM PC WordPerfect containing the proposed jury instructions accompany the instructions. The disk may be picked up from the Judge's office at a later date.

Rule 11 - Voir Dire A. The length and conduct of voir dire examination shall not exceed one (1) hour per side without prior leave of Court. B. Only one attorney for each party shall be allowed to question the prospective jurors on voir dire. C. The only proper purpose of voir dire is to select a panel which will fairly and impartially hear the evidence presented and render a just verdict, and to determine the grounds for any challenge for cause. Accordingly, the Court, in exercising its discretion, will discourage counsel from: 1. Asking questions of an individual juror that are susceptible of being asked collectively. 2. Asking questions covered by and answered in the juror questionnaire, except to explore some answer in greater depth. 3. Repeating questions asked and answered. 4. Using voir dire for the purpose of attempting to instruct the jury on the law. 5. Using voir dire for the purpose of arguing the case. 6. Asking a juror what his verdict might be under any hypothetical situation, based upon expected evidence or otherwise.

Rule 12 - Attorneys A. Unless appearing specially on behalf of one of the attorneys of record, no attorney, unless the attorney's name appears on the pleadings in the case, may participate in any proceedings in the case until the attorney's name has been entered of record as one of counsel. B. In case of a dispute over the authority of an attorney to represent a party to a proceeding pending before the Court, the Court will not recognize the right of the attorney to appear in such proceedings unless said attorney has a retainer in writing, signed by the client, filed in the record of the case, or unless the party has personally signed the pleadings by virtue of which the attorney appears therein. C. No attorneys may withdraw from any case, civilor criminal, except by consent of the client or by leave of Court after notice served on the parties and opposing counsel. This provision is subject to Sections 3761-404, 405, MCA, and UDCR 10. D. Attorneys will not be permitted to address a witness on the stand in any manner except to propound the question to which an answer is desired. Attorneys will not be permitted to address each other during a trial or argument except by permission of the Court. E. In all cases, contested or uncontested, where attorney's fees are requested in the pleadings, there must be competent evidence submitted to the Court from which the Court can determine reasonable attorney fees for the services rendered. The party seeking an award of attorney fees shall file and serve upon opposing counsel an affidavit itemizing the claim. The opposing party shall within ten (10) days thereafter file a request for a hearing thereon. Failure to file such a request shall be deemed a waiver of the right to a hearing on fees. In a contested proceeding, receipt of evidence pertaining to attorney's fees shall be deferred until a final decision or order on the merits of the case has been issued by the Court. F. When a final judgment or decree has been entered and the time for appeal has expired, all attorneys in any Probate (DP) , Adoption (DA) or civil (DV) action shall be relieved of their duties as counsel of record. If any further pleading is filed in these cases, it must be served on the adverse party as provided in Rule 4(D) M.R.Civ.P. In Juvenile (DJ) , Family (DR) or Criminal (DC) actions counsel shall be required to give

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tion 41-5-601 ~ ~., M.C.A. C. No will, bond or undertaking shall be taken from the Clerk's office under any circumstances, and no judgment before it is recorded.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. notice of termination to the Court, opposing counsel and the client or they shall otherwise be considered as continuing as counsel of record for all subsequent matters in that case.

Rule 13 - Exhibits A. The Clerk will mark for identification any proposed exhibit presented by a party in such manner as the party shall designate. The Clerk is required to keep a list of all exhibits offered and the ruling of the Court thereon. See, also, UDCR 12.

Rule 14 - Evidence of Character In any trial, civil or criminal, no more than three (3) witnesses will be permitted to testify as to the character of a person without an order of the Court authorizing additional witnesses.

Rule 15 - Stipulations In any case, civil or criminal, no agreement or stipulation between the parties or their attorneys with respect to the proceedings in any cause will be considered for any purpose by the Court unless made in open Court in the record or entered on the minutes, or unless in writing, subscribed by the party against whom it is sought to be enforced, or by his attorney. It shall be the duty of the party relying upon any such minute entry to see that it is duly made.

Rule 16 - Arguments The party whose duty it is to first offer proof in any trial or proceeding shall have the right to open and may close the argument. Should the adverse party waive argument, no rebuttal will be permitted.

Rule 17 - Offers of Proof Offers of proof must be in writing, or may be entered in the Court Reporter's notes outside the presence and hearing of the jury, as may be decided by the Court.

Rule 18 - Findings of Fact and Conclusions of Law NOTE: See UDCR 8 Proposed Findings of Fact and Conclusions of Law shall be submitted in a format suitable for signature by the Judge. A transmittal sheet shall accompany the Findings indicating the party submitting the Findings and containing a Certificate of Mailing. The Court requests that, where possible, a computer disk compatible with IBM PC WordPerfect accompany the Findings. The Disk will be returned to counsel. *In actions for dissolution of marriage the Findings of Fact and Conclusions of Law shall follow the format devised by the Court which is available to counsel upon request (Department A) . *(This requirement is no longer necessary)

Rule 19 - Security A. No officers of the Court, nor any member of the bar nor his office associates or employees, may act as a surety. B. In lieu of surety in any case, there may be deposited with the Clerk lawful money or negotiable bonds or notes of the United States. The depositer shall execute a suitable bond, and if negotiable bonds or notes of the United States are deposited, shall also execute an agreement authorizing the Clerk to collect and sell the bonds or notes in the event of default. Such deposits shall be held by the Clerk until released by order of the Court.

Rule 20 - Decorum A. When the Court first convenes in the morning and after any recess, the Court Clerk or Bailiff shall announce the opening of Court, and all persons in attendance in the Courtroom shall rise until the Judge has taken the bench. B. Each Judge may make such further rules or regulations regarding the hours of opening and closing Court, the conduct of its attendants, and the care and custody of its rooms and chambers, as suchy Judge shall elect. C. Unless the Court Reporer's presence is waived by the parties and the Judge, a Court Reporter shall be on duty in the courtroom at all times the Judge is in the courtroom.

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Rule 21 - Gun Permits (Vacated by Statute): A. No gun permits shall hereafter be issued by the Court or Judge thereof unless the applicant has first obtained from the Sheriff of Flathead County, and from the Chief of Police of any city or town therein where the applicant resides, a written statement that such officers have investigated the application and have approved the same. Such statement and approval must be in writing and must be filed with any application for a gun permit. B. In the event that the applicant does not reside in any city or town in the County, the written statement set forth hereinabove shall be secured from the Sheriff of Flathead County without the necessity of securing any such statement from any Chief of Police. C. In addition to the investigation by the Sheriff and/or Chief of Police the applicant shall obtain the signatures of three residents of Flathead County, at least one of whom must be a peace officer, who have known the applicant at least six months, attesting to applicant's good moral character and peaceable disposition. D. The Court reserves the right to refuse a permit or to rescind it at any time in its absolute discretion and without cause.

Rule 22 - Marital Dissolution Actions A. Marital dissolution actions shall be governed by these Rules except as otherwise provided by this Rule and by statute. *The Court asks that in actions for dissolution of marriage (Department 1) that the Findings of Fact and Conclusions of Law follow the format devised by the Court which is available to counsel upon request. The Court requests that, where possible, a computer disk compatible with IBM PC WordPerfect accompany the Findings which disk can be picked up from the Clerk of Court office at a later date. *(This rule for Department 1 no longer applies) B. Information and standard forms to be utilized in dissolution actions are attached hereto as Exhibit B and are described as follows: Exhibit Name B(I) Special Order of Support B(I) (a) Affidavit for Child Support B(2) Motion for Protective Custody and Affidavit with Accompanying Temporary Custody Order B(2) (a) Temporary Custody Order B(3) Temporary Order and Order to Show Cause B(4) Property Division Proposal B(5) [Specially designated as Exhibit A] Order for Custody, Visitation and Support. This exhibit shall be marked as Exhibit A and attached to all Final Decrees of Dissolutions involving children. C. The forms identified as Exhibit B shall be adapted to the particular facts of each case. D. Support of Minor Children 1. Whenever a marital dispute arises that results in a separation of parents and children, support payments shall commence immediately. Counsel for the parties shall meet within 10 days following service to determine the proper amount of child support based on the last two years tax returns and recent pay stubs in accord with the Child Support Guidelines. Failure to make such payments may result in the imposition of appropriate temporary custodial parent or the appropriate amount of payments either party may file a petition with the Court requesting a hearing on the matters in dispute. The Court may award attorneys fees to the prevailing party in such hearing. 2. Upon request of either party, the Court shall order that the matter be referred to the Director of Family Court Services for investigation, report and recommendation regarding custody, support, and visitation rights of each child and parent. The report shall be returned to the Court, the parties and their attorneys as soon as reasonably possible thereafter. 3. The general schedule and guidelines for child support payments is hereby established as more particularly set forth in the Guide for Determination of Child Support Obligations as adopted by the Montana Supreme Court on January 13, 1987 and any supplements thereto. 4. Where Aid for Dependent Children is being paid, or where AFDC is contemplated the Court shall enter a separate Order requiring such payments to be directed to the Montana Department of Revenue in accord with such rules as may be established by the Department. 5. Each parent shall complete and sign an Affidavit for Child Support and Work Sheets Nos. 1 and 2, copies of which are attached hereto marked Exhibit B(l) (a) .Said Affidavit shall be filed by appearance in the action. In the event that child support is contested, each party shall file


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 23 - Criminal Actions

A. Arraignment: An Acknowledgement of Rights form shall be presented to the Court at the time of arraignment. A Plea of Guilty and Waiver of Rights form shall be presented to the Court at the time of a guilty plea. These forms are available from the Court. B. Omnibus Hearing: 1. When a plea of NOT GUILTY is entered, the Court shall set an omnibus hearing to be held within a reasonable time after entry of the not guilty plea. 2. All motions and other requests prior to trial shall be made prior to or at the omnibus hearing unless the Court otherwise directs. Failure to raise or give notice at the hearing of any error or issue of which the party concerned has knowledge may constitute a waiver of such error or issue. 3. At the omnibus hearing, the Court, on its own initiative, shall: a. Ensure that counsel has been provided; b. Ascertain whether discovery has been completed and, if not, make orders appropriate to expedite its completion; c. Make rulings on any motions or other requests then pending and ascertain whether any additional motions or requests shall be made; d. Ascertain whether there are any procedural or constitutional issues which should be considered; e. Set a date for a Pretrial Conference. 4. Any and all issues may be raised, either by counsel or by the Court, and, if appropriate, disposed of informally. If additional discovery, investigation or preparation, or evidentiary hearing, or formal presentation is necessary for a fair and orderly determination of any issue, the omnibus hearing shall be continued from time to time until all matters raised are disposed of properly. 5. Stipulations made by any party shall be binding upon that party at trial unless set aside or modified by the Court in the interests of justice. 6. At the request of either party, a record shall be made of the proceedings at the hearing. C. Resolution Conference (Vacated by Judge Lympus): In all cases Resolution Conference shall be held between counsel for the State of Montana and counsel for the Defendant for the purpose of determining whether the facts and issues in the case can be resolved through a pretrial agreement. D. Pretrial Conference Pretrial Conferences will be held at which time counsel for the parties

shall meet with the Court to resolve any motions not previously resolved and exchange proposed jury instructions, including an original and a copy to the Court. E. Pre-Sentence Investigations: All pre-sentence investigations shall be completed, and the reports based thereon delivered to the Court and to the parties, not later than two (2) days prior to sentencing. F. Bail Whenever cash bail is delivered to any Clerk of Court, Justice of the Peace, or City Judge, the cash must, as soon as possible, be deposited in a special account with a financial institution where checks, warrants, or drafts can be drawn on the account for the transfer of such funds. No real estate bail filed pursuant to Section 40-9-402, MCA, shall be accepted by the Clerk of the District Court unless: 1. It is accompanied by an appraisal of the real estate estate certifying that the unencumbered equity not exempt owned by the accused or sureties is worth double the amount of the bail or; 2. It has been approved by the County Attorney or; 3. It has been approved by the Court after a hearing examining the sufficiency of the bail under Section 46-9-404, MCA. Whenever bail has been set by and furnished to a Justice of the Peace or City Judge and the cause in which the bail was furnished is being transferred to the District Court, the following procedure must be followed: At the time the papers transferring the case to the District Court are filed with the Clerk of the Court, the bail must also be delivered to the Clerk. The amount and nature of the bail furnished must be endorsed upon the order whereby the Justice or Judge transfers the cause to the District Court. 1. If the bail furnished was cash bail, the Justice or City Judge must deposit a proper check, warrant or draft for the full amount of the bail with a notation of the party or person who actually posted the cash bond. Upon receipt of the check, warrant or draft, the Clerk of Court must issue a trust fund receipt and deliver it to the Justice of the Peace or City Judge. 2. If the bail furnished was a bail bond or other bail as permitted by Section 46-9-401, M.C.A., the Justice of the Peace or City Judge must deliver the actual documents furnished as bail to the Clerk of the District Court. Upon deposit of such bail the Clerk must issue a receipt specifying the documents received. 3. Whenever bail has been set by and furnished to a Justice of the Peace in an action wherein the District Court has original trial jurisdiction and the County Attorney elects to proceed in District Court by filing a motion for leave to file an information direct, the following procedure must be complied with: a. The County Attorney must, contemporaneously with the filing of the motion in District Court, file a written request with the Justice of the Peace asking that the bail be transferred to the District Court. b. The County Attorney must deliver to the Justice of the Peace the original and a duplicate copy of such request. c. The Justice of the Peace must forthwith endorse upon the original request and the duplicate copy, the proper information regarding the nature of the bail, and must forthwith transfer the bail to the District Court as provided in lor 2 above. The duplicate copy of the request must be filed with the Clerk of the District Court and the Justice of the Peace shall retain the original for his files. The following form for transmitting bail shall be used in this District: (see next page)

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copies of their last two year's tax returns as well as current wage stubs. If either party is not represented by counsel at the time of the filing of the Petition, three (3) copies of the Affidavit for Child Support shall be served on such parent at the time any and all other papers are served. Each parent shall file one (1) copyof the Affidavit for Child Support with the Court, and serve a copy on the other party or attorney. The Affidavit for Child Support is deemed confidential and shall not be disclosed to any other person if a request for such confidentiality is made to the Court. 6. In all cases, any Decree of Dissolution shall require all payments to be made to the custodial parent in care of Clerk of Court, 800 South Main, Kalispell, Montana 59901, or as otherwise provided by statute. Where AFDC is being paid, the following provision shall be made and inserted in any Decree of Dissolution: "By reason of AFDC payments, the above payments are subject to the special Order of the Court, dated , so long as such AFDC is being received." COMMENT: By insertion of such provision, a subsequent Court Decree, or Court action, will not be required for change of payments from the Montana Department of Revenue to the custodial parent. E. In any pretrial conference in a dissolution action where property division is in issue, the parties must submit completed copies of Exhibit B(4) . F. The party commencing an action for dissolution of marriage, legal separation, child support, invalidation of marriage or modification of child support, at the time the proceeding is begun, shall include in the complaint or petition a statement as to whether any of the children involved are at that time recipients of or applicants for public assistance. Upon filing of a complaint or petition which indicates the children involved are at that time recipients of or applicants for public assistance, the Clerk of Court shall immediately notify the Department of Revenue, Child Support Enforcement Bureau, in writing of the pending action.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY, THE STATE OF MONTANA, Plaintiff, ) Cause No. DC-__________ ) -vs- ) REQUEST TO TRANSMIT BAIL ____________________, ) Defendant. *********** TO: The Honorable Justice of the Peace: An Affidavit and Motion for Leave to File an Information having been filed in the above cause, you are hereby requested to endorse the amount and nature of the bond hereon and transmit same, together with a duplicate copy of this request to the Clerk of the District Court. ____________________ Dated

________________________ COUNTY ATTORNEY

STATEMENT AS TO BAIL Bail in the above cause has been fixed as follows: _______________. Defendant has been released on his/her own recognizance. Defendant has been released on $_________ (cash, commercial bond) bail which was actually posted by__________________________. Defendant has been released on sufficient property bond in lieu of bail in the sum of $______________. Date released on bail ________________. Bail fixed in the sum of $_____________, which has not been posted. ________________________ Justice of the Peace E. Release of Information by Law Enforcement Officers, Attorneys and Court Employees: From the time of arrest, issuance of an arrest warrant or the filing of any complaint, information or indictment in any criminal matter until the completion of trial or disposition without trial, no law enforcement officer, attorney or court employee subject to the jurisdiction of this Court shall release or authorize the release of any extrajudicial statement, for dissemination by any means of public communication, relating to that matter and concerning: 1. The prior criminal record (including arrests, indictments, or other charges of crimes) or the character or reputation of the Defendant, except that the officer, attorney or employee may make a factual statement of the Defendant's name, age, residence, occupation and family status, and if the Defendant has not been apprehended may release any information necessary to aid in the apprehension of the Defendant or to warn the public of any dangers the Defendant may present. 2. The existence or contents of any confession, admission or statement given by the Defendant, or the refusal or failure of the Defendant to make any statement. 3. The performance of any examinations or tests or the Defendant's refusal or failure to submit to examinations or tests. 4. The identity, testimony, or credibility of prospective witnesses except the identity of the victim if such announce- ment is not otherwise prohibited by law. 5. The possibility of a plea of guilty to the offense charged or to a lesser offense. 6. The Defendant's guilt or innocence, or other matters relating to the merits of the case or the evidence in the case, except an announcement of the circumstances of the arrest, including the time and place of the arrest, resistance, pursuit and the use of weapons; an announcement of the identity of the investigating and arresting officer or agency and the length of the investigation; an announcement, at the time of the seizure, disclosing any evidence seized, and disclosure of the nature, substance or text of the charge, including a brief description of the offense charged; quotes from, inferences about or references without comment to public records of the result of any stage in the judicial process and requests for assistance in obtaining evidence.

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MONTANA TWELFTH JUDICIAL DISTRICT COURT RULES CHOUTEAU, HILL AND LIBERTY COUNTIES

Rule 1 - Terms of Court and Calendar

Terms of court shall be set for the trial of civil and criminal cases in each county by the judge at such times, as in the discretion of such judge, the matters pending in such county are sufficient to warrant such a term.

Rule 2 - Law and Motion Days Law and motion days shall regularly be held in the courthouses in the county seats of the district as follows, except that the Court may, in its discretion, hear and dispose of all law and motion matters at any place in the district: HILL COUNTY, Havre, Montana: The first Monday, second Friday, and third Monday morning of each month, except holidays CHOTEAU COUNTY, Fort Benton, Montana: The first and third Tuesday of each month, except holidays. LIBERTY COUNTY, Chester, Montana: The third Wednesday afternoon of each month, except holidays. Additional law and motion days may be held in any county of the district when in the discretion of the judge presiding therein, the business of the district so requires. When the regular law and motion day falls on a holiday, the next following day will be law and motion day.

Rule 3 - Trial Calendar and Pre-Trial Proceedings (a) Scheduling Conference - Whenever a case is at issue and either party desires to have the case tried, counsel may file a request for a scheduling conference setting forth the title and number of the case. A copy of the request shall be served upon opposing counsel of record. The Court will issue its own Order for a Scheduling Conference. A trial date will be set at the time of the conference. (b) Pre-trial Calendar and Hearing - The clerk shall keep a pre-trial calendar upon which all civil cases shall be entered as soon as they are at issue. Any case on the pre-trial calendar may be set for a scheduling conference by the Court at any time. The Clerk of Court, on the order of the Court, will give the parties 10 days notice of the scheduling conference. (c) Pre-trial Procedure - Rule 16, Rules of Civil Procedure, and the pre-trial conference and pre-trial order of the Uniform District Court Rules, as amended from time to time, will govern all pre-trial matters.

Rule 4 - Trial Calendar and Conduct of Trials (a) Regular Trial Calendar. Following a scheduling conference the cause shall be placed upon the regular trial calendar. Notwithstanding the above, the Court may, in its discretion, and upon such notice as the Court deems reasonable, set down for trial any cause coming to issue. (b) Non-jury Cases. Non-jury cases may be set for trial on order of the Court upon motion of a party. Reasonable notice shall be given to opposing parties. The Court, of its own motion, may set such cases for trial on a date convenient to the Court upon an order giving the respective parties reasonable notice of the date of trial. The foregoing rule shall apply where the presiding judge shall have been called in and assumed jurisdiction. (c) Trial Briefs. Trial briefs shall be submitted as required in the pre-trial order. (d) Continuances. When, after the day is fixed for the trial of any cause, if either party shall desire a continuance, they shall give their adversary five days’ notice that application will be made therefor, and the grounds thereof. For good cause the time may be shortened. Continuances may be granted on the Court’s own motion or upon motion of counsel or a party, if such a continuance does not inconvenience the Court in the progress of the trial calendar. Continuances, even when stipulated to by counsel, will not be routinely granted. If the application for a continuance is based on the absence of a witness, the testimony expected to be adduced by the witness shall be set forth in detail in the motion. A party opposing the continuance, without admitting the truth of the testimony, may admit the witness would so testify. In such event, the continuance shall be denied, unless in the opinion of the Court, manifest injustice may result. (e) Conduct. (1) During any contested hearing no argument, or motion to the Court, other than a formal objection or exception, will be entertained,


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 5 - Photography and Television Broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court, or recesses between sessions, shall be allowed only with prior notice to, and specific permission of, the presiding judge. All equipment used and persons using it shall remain behind the bar. No flash lights, other lighting equipment, or large microphones shall be used. Photographers, television cameras, and other recording devices, when allowed, shall remain stationary, and shall be used so as to not disrupt the proceedings. No photographs of or televising of the members of a jury shall be permitted.

Rule 6 - Filings of Pleadings

(a) Requirements of Briefs. 1. No individual brief shall exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court. 2. In a motion submitted to the Court, the moving party shall certify that the other parties have been contacted concerning the motion, and whether the other parties object to the motion. (b) Discovery. Discovery shall not be filed without leave of the Court. With good cause, discovery referenced and attached to a brief may be filed. The party serving requests shall submit requests on paper and disk or e-mail to the opposing party. (c) Notes of Issue. In any civil, divorce, or invalidity actions, when the parties are fully joined, counsel shall prepare and present to the Clerk of Court a Note of Issue. Counsel is encouraged to remind the Court by letter of any matter taken under advisement. (d) Telefax and E-Mail Filing. The filing of any document with the Clerk of Court that may be done by mail may be done by e-mail or telefax transmission subject to the provisions of this rule. The Court discourages telefax and e-mail filings unless a deadline is imminent. 1. Filing of Telefax or E-Mail Document. The date and time of receipt of the fax shall be the date and time of filing by the Clerk of Court. If the original is not served on the same day as the telefax or e-mail transmission, service of the telefax or e-mail document must

be made as provided in Rule 5, Mont.R.Civ.Pro. It is the obligation of the person telefaxing or e-mailing any document to arrange for it to be delivered to the Clerk of Court's office. A telefaxed or e-mailed document must show all necessary signatures or it will not be filed by the Clerk. 2. Filing of Original. The sender shall, on the date of the telefax or e-mail transmission, mail the original of whatever is sent by telefax or e-mail to the Clerk of Court by first class mail. The original must be signed pursuant to Rule 11, Mont. R. Civ. Pro. The original of the document shall be filed by the Clerk and the date of filing shall be deemed to be the date of the filing of the telefax or e-mail transmission. Service of the original must be made as provided in Rule 5. Mont. R. Civ. Pro. The Certificate of Service must reflect that a telefax or e-mail transmission was sent to the Clerk of Court, and the date of such transmission. Unless an order of court is obtained extending the time, failure of the Clerk to receive the signed original within five (5) working days shall cause the telefaxed or e-mailed document to be stricken and it shall be of no force or effect whatever. It shall be the obligation of the party filing the telefax or e-mail document to insure that the original is received within the allotted five (5) working days. 3. Telefax Receivers. (1) Documents may be telefaxed to the Court in Fort Benton at (406) 622-3028. (2) Documents may be telefaxed to the Court in Havre at (406) 265-3693. (3) Documents may be telefaxed to the Court in Chester at (406) 759-5996. 4. Fees and Costs. The use of e-mail and telefax equipment shall not change or delay the required payment of fees. It shall be the obligation of the person filing the telefaxed or e-mailed document to pay any required fees in the manner and within the time required by the Clerk of Court. It shall be the obligation of the person telefaxing any document to pay any costs associated with use of telefax equipment or telephone services. (e) Copies to Presiding Judge. When a non-resident judge accepts jurisdiction of a matter, the parties shall file all documents in the action with the Clerk of District Court in the appropriate county, providing a courtesy copy to the Judge in chambers. The Judge's name shall be added to the Certificate of Mailing on all documents to show the Clerk that the Judge has been served. Rule 7 - Probate and Adoption Matters (a) Adoption Investigation. In all adoption matters the records check required by §42-3-2-3 (1) (a), MCA will be ordered by the Court. The evaluation will be considered for waiver by the Court under §42-3-212, MCA. (b) Payment of Fees. The amount and payment of administrator, pesonal representative, conservator, guardian and attorneys' fees shall be governed by the Montana Uniform Probate Code, as amended from time to time. (c) Petition for Probate of Will. Whenever a petition for the probate of a Will is filed, a copy of the Will shall be attached, unless the original is filed with the Clerk. Rule 8 - Judgment on Written Instrument In all cases in which a judgement is entered upon a written instrument, the instrument must be presented to the Clerk at the time judgment is granted by the Court. The judge shall note across the face of the instrument the entry of judgment and its date. The instrument shall not be removed except by order of the Court in writing setting forth the facts of such removal.

Rule 9 - Clerk. Custodian of Files.

Check Out of Files. The Clerks of Court are the custodians of the file of this Court. Files may be taken from the Clerk’s office only upon order of the Court.

Rule 10 - Amendments by Erasure or Additions. No amendments shall be made to any filed document by erasing or adding any words in the original on file, except in the handwriting of the judge, and initialed by the Judge, unless otherwise ordered by the Court. No documents shall be deleted from any file, nor shall any page in a document be removed and another substituted therefore.

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unless the attorney making the same first arises in his place to address the Court, and the Court grants a request for argument. Argument, when permitted by the Court, shall cease on completion of rebuttal. (2) In the examination of witnesses, only one attorney for each party will be permitted to examine or cross examine the same witness, except by prior permission of the Court. (f) Challenge to Jury. There shall be no verbal voce challenge of jurors except for cause. Peremptory challenges shall be exercised or waived by counsel indicating on the Clerk's jury list what jurors are peremptorily challenged. (g) Jury’s Notes. Jurors shall be allowed to take notes unless the presiding judge, considering the nature of the case, orders otherwise. Any party that wishes to request the jury to take notes shall provide adequate materials. No jury shall be required to take notes. Jurors’ notes shall be collected by the bailiff at the end of each court day and returned to the jurors at the beginning of the next day. Jurors shall be allowed to have their notes during deliberation. (h) Invoking 5th Amendment Privilege. Any attorney, party, or witness, who anticipates that any witness to be called in a trial by jury might refuse to answer a question on the grounds that the answer may tend to incriminate them, shall so advise the court in advance of such witness testifying. The court shall thereupon hold a hearing outside of the presence of the jury to determine if, in fact, such will be the case. An appropriate order will then be entered for the purpose of avoiding, if possible, “taking the 5th” in the presence of a jury. (i) Attorney as Witness. If the attorney of either party offers himself as a witness on behalf of his client, and gives evidence on the merits of an issue, they shall not argue the case or sum it up to the jury unless by permission of the Court, and then shall not comment on their own testimony. (j) Character Witnesses. Not more than three witnesses for each side will be allowed to testify as to character in any cause, civil or criminal, without leave of Court first obtained. (k) Parenting Witnesses. Not more than three witnesses for each side will be allowed to testify concerning parenting practices and abilities in any contested action concerning custody or visitation of children, without leave of Court first obtained.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 11 - Attorney Fees. Civil Actions. In cases other than probate where attorney fees are recoverable by law or contract, they shall be determined and fixed by the Court upon evidence as to the amount of a reasonable fee presented in open court at the trial or hearing, unless the Court allows presentation of such evidence at another time.

Rule 12 - Alternate Dispute Resolution. (a) Mediation. Parties, at their cost, may voluntarily retain a private individual for mediation of their case. In such case, mediation shall be a confidential meeting between the parties and the mediator to seek and promote communication between the parties with a view toward reaching a settlement agreement. Parties may agree to attend mediation without counsel. 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. (b) Settlement Conference. In all civil cases, the Court may require at any time a settlement conference before an appointment settlement judge or master. Any party may move the Court to order a settlement conference with an appointed settlement judge or master. At the discretion of the Court, trial may be postponed or not set until after a settlement conference. 1. Settlement Judge or Master. The settlement judge will be either a current or retired state District Court Judge. The settlement master may be any person qualified under Rule 53, M.R.Civ.P. 2. Settlement Conference Defined. A settlement conference is a confidential meeting between the parties, attorneys and the settlement judge/master with a view toward negotiating a settlement. 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. The parties and their attorneys must be present unless excused by the settlement judge/master. 3. Sanctions. Failure of a party or counsel to participate in a Court-ordered settlement conference may result in sanctions such as imposition of costs and attorney's fees incurred by opposing party in preparation for settlement conference. 4. Attendance of Insurance Claims Persons. In all cases where pertinent, claims representative(s) from insurance companies, with requisite settlement authority, shall be required to attend the settlement conference in person or by speaker phone. Upon good cause shown, the Court may require personal appearance. 6. Fees. Fees charged by a settlement judge/master may be imposed upon parties in discretion of the Court. (c) Settlement Documents. If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled. Once of record, the agreement is binding and enforceable. Within thirty (30) days, settlement documents must be prepared and filed.

Rule 13 - Court Appearances (a) Prisoners. Prisoners may appear in court in jail clothing when a jury or jury panel is not present. While in the courtroom prisoners will have handcuffs, manacles, and other restraining devices removed unless, in the discretion of the Sheriff, they are deemed advisable. Prisoners shall not appear in court or in any place where they may be observed by a jury or jury panel in prison clothing or in restraints without permission of the Court. Suitable clothing for a criminal defendant who has none shall, on application of counsel, be provided by the Court for appearances before a jury. (b) Attorneys. Attorneys shall appear before the Court in clothing that is appropriately formal for the conduct of serious matters and that meets current concepts of business attire. Attorneys shall advise their clients and witnesses to dress in clean clothes which shall be appropriate for serious occasions in the conduct of their ordinary business. (c) Conduct. Spectators shall remain quiet while Court is in session. Court sessions are not an appropriate place for small children who cannot be expected to conduct themselves suitably. (d) Cell Phones. All cell phones must be turned off before entering the courtroom. Contempt penalties or confiscation of a phone may occur for violation.

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Rule 14 - Criminal Proceedings (a) Bail. 1. Initial Bail Request. 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. 2. Bail From Lower Courts. Whenever bail has been furnished to a Justice or City court and the cause is transferred to District Court, the County Attorney shall assure bail is delivered by the Justice or City court to the Clerk of Court by the initial appearance. If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail. (b) Arraignment. 1. Acknowledgment of Rights. Prior to arraignment, defense counsel shall review Defendant's rights. 2. Court Entered "Not Guilty" Plea. A Defendant unwilling to enter a plea at the time of arraignment is subject to the Court entering a "not guilty" plea. In such event, Defendant, on request, will be allowed to reserve the right to challenge the information. (c) Omnibus Hearing. 1. Setting. Following a plea of "not guilty", the Court will set the Omnibus Hearing described in §46-13-110, MCA within 45-60 days. An Omnibus Hearing may be conducted by telephone conference or video conference upon approval by the Court. 2. Discovery. Unless motion is previously filed seeking protection, the prosecution shall make disclosure under §46-15-322 (1) - (4), MCA within twenty (20) days of Defendant's request. Defendant's failure to make request before the Omnibus Hearing can be grounds for attributing trial delay to Defendant. Defendant shall comply with disclosure deadlines under §46-15-323, MCA or seek extension as allowed thereunder. 3. Conduct of Hearing and Memorandum. The Court has approved a memorandum form to be used in conducting an Omnibus Hearing. The Omnibus Hearing will be conducted after counsel has read and completed the 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. 4. Motions. Counsel must be prepared to discuss those matters, requests or motions described on the court approved Omnibus Hearing Memorandum form at the Omnibus Hearing. 5. Waiver. Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel may by stipulating 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. 6. Mental Competency Issues. Upon motions under §4614-202, MCA requesting examination, Defendant's counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination. Should examination be ordered upon defendant's motion, defense counsel shall be responsible to assure a report of examination under §46-14206, MCA is timely filed. (d) Plea Agreement. 1. Plea Discussions. No Defendant is required to discuss a plea agreement. The Court may summarily reject a plea agreement not presented at least two (2) weeks prior to the scheduled trial. 2. Written Plea Agreements. Plea agreements under §4612-211, MCA, must present a factual basis showing good reason for the Court to accept the plea. 3. Nolo Contendere Pleas. Counsel who intend to proffer a nolo contendere under §46-12-212 (2), MCA, must present a factual basis showing good reason for the Court to accept the plea. 4. Effect on Trial Setting. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after Defendant has appeared and entered a plea found acceptable to the Court. (e) Presentence Investigation. 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. Unless effectively waived by all parties, a PSI shall be completed and filed with the Court no later than five (5) days prior to


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 15 - Interactive Video Conferencing Interactive video conferencing capability is available for court related purposed in Hill County. Benefits include time saving, decreased travel and transportation costs, minimizing judicial delay, and decreased court security. The Court, upon its own motion or upon motion of the parties, may conduct proceedings in civil actions by videoconference. Court related purposes include, but are not limited to, case management, depositions and discovery, pretrial conferences, settlement conferences, continuing legal education, court administration, and public information. Video conferencing is also available for juvenile, adult criminal, and mental illness proceedings consistent with Titles 41, 46, and 53 of the Montana Codes Annotated. Any video conferencing under these rules must conform to the following minimum requirements: 1. All participants must be able to see, hear, and communicate with each other simultaneously; 2. All participants must be able to see, hear and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method; 3. Video quality must be adequate to allow participants to observe each other's demeanor and nonverbal communications; and 4. The location from which the trial judge is presiding shall be accessible to the public to the same extent as such proceeding would if not conducted by video conference. The court shall accommodate any request by interested parties to observe the entire proceeding. 5. A record of any proceedings conducted by video conference shall be made by the court reporter. Arrangements must be made in advance through the Court Administrator. The cost of the video conferencing shall be borne by the party requesting the use of the video conferencing.

Rule 16 - Amendments (a) Amendments. Amendments to these rules may be made from time to time by Court order filed with the Clerk of Court. (b) Applicability. These rules, in addition to the Uniform District Court Rules, shall apply to all cases in this Court of each County in said District and shall be entered upon the Minutes of this Court in each County of said District. The Clerks of Court shall each keep an original copy of these Rules and any amendments thereto. (c) Standing Committee on Rules. A standing committee on rules is established, consisting of three attorneys appointed by the Court from this District, which committee may recommend to the Court changes in these rules as deemed advisable. The initial members of this committee are: Stephen Gannon Daniel Boucher Brian Lilletvedt

Amended April 23, 2009

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sentencing. Prior to sentencing, defense counsel shall review the filed PSI with Defendant. (f) Presence of Sheriff's Department. Upon order by the Court, an officer of the Sheriff's Department shall be present during sentencing.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA THIRTEENTH JUDICIAL DISTRICT COURT RULES YELLOWSTONE COUNTY

Preface The following Rules of Practice supplement the Uniform District Court Rules and the Montana Rules of Civil Procedure and any conflict shall be controlled by the Montana Rules of Civil Procedure and/or the Uniform District Court Rules.

Rule 1 - Departments - Division of Business For the convenient classification and division of business, the District Court of the Thirteenth Judicial District is divided into five departments assigned to individual judges and their successors as follows: Department No. 1 .............. Honorable Ingrid Gustafson Department No. 2 .............. Honorable Russell C. Fagg Department No. 3 .............. Honorable Susan P. Watters Department No. 4 .............. Honorable Gregory R. Todd Department No. 5 .............. Honorable G. Todd Baugh YELLOWSTONE COUNTY -- DIVISION OF BUSINESS. All cases of every nature shall be assigned by the Clerk in a random manner in equal numbers among the five departments, except that no assignment shall be made of the following: Abstracts of Judgment, Transcripts of Judgment, Warrants for Distraint, Certificates of Amount Due and Abstracts of Administrative Orders. If a criminal defendant, youth in need of care or delinquent youth has a second or subsequent case filed against him/her, the Clerk shall assign the new case to the Department previously assigned to that person's case, or, in youth court cases to the Department which has handled a former youth in need of care case related to the same family. Post-conviction relief cases shall be assigned to the Department which was assigned to the underlying criminal case. Protective Order matters shall be assigned to the Department previously assigned to the dissolution of marriage case, parenting plan case or paternity case between the same parties, if one exists. Department No. 3 shall administer Family Drug Court, and the Clerk shall assign all DN, Youth In Need Of Care cases, not selected by the Family Drug Court, among the four other departments only. MOTION TO CONSOLIDATE. A motion to consolidate cases (civil and criminal) filed in different departments shall be filed in each case but will be heard before the judge presiding in the department having the lowest cause number and, if the cases are consolidated, the trial will also be conducted in that department. Whenever there exists an active and open file related to a Protective Order or a Temporary Protective Order and subsequently the same parties are involved in a pending dissolution file (DR), the Protective Order case shall be closed and the contents transferred and combined into the pending dissolution file.

Rule 2 - Law and Motion Law and Motion days are distributed among the five departments such that there generally will be four days of law and motion each week. Generally, each Department will have a law and motion day four (4) times during a six (6) week period. Consult the Clerk of Court to determine Law and Motion on any given day. When Law and Motion falls on a holiday, all matters shall be deemed continued to the next regular Law and Motion day. 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. Law and Motion days are generally limited to uncontested matters. Contested matters and those involving presentation of evidence will not be heard on Law and Motion days except by leave of Court. Only the judge presiding will hear matters presented on each Law and Motion day and that judge shall hear all matters presented, whether filed in his/her department or another department; provided that any motion which is resisted, or any other matter which is contested, shall be heard by the judge of the department wherein such motion or matter is pending. All matters presented on Law and Motion day shall be heard in open court, in the courtroom of the judge presiding, provided that uncontested

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matters of a self-evident nature, not including default divorces, if counsel so desires, may be left with the Clerk for presentation to the presiding judge. 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. the day previous to each Law and Motion day. Immediately before the opening of Court on each Law and Motion day, the Clerk shall bring the Court file in each matter on the Law and Motion calendar to the courtroom of the presiding judge.

Rule 3 - Substitution of Judges Substitution of Judges is governed by Mont. Code Ann. §3-1-804 and those rules are herein supplemented because the Thirteenth Judicial District is a multi-judge district. 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, making 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. In a case in which a judge recuses him/herself, the reassignment of the case shall be made by the Clerk of Court in the same manner as motions for substitution. 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 therein, 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 accommodate the needs of the case and the outside judge. Nothing herein shall prohibit a judge having jurisdiction of a case from calling in an outside judge to take jurisdiction of the case, pursuant to Mont. Code Ann., §3-5-111.

Rule 4 - (Repealed) Rule 5 - Motions - Extensions - Presentation Motions shall be governed by Rule 2, Uniform District Court Rules, except motions made pursuant to Rules 56, 59 and 60 of the Montana Rules of Civil Procedure with the provision of said Rules. Prior to noticing a contested motion for argument or hearing, the moving party shall obtain a date and time for same from the Court. All motions shall be identified in the title of the pleading with the applicable rule number of the Montana Rules of Civil Procedure. Upon representation to the Court by the moving party that opposing counsel was notified and does not object to the motion, the Court may sign the order. 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. All requests for extension of time, whether written or oral, shall be accompanied by an appropriate proposed order. 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. 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.

Rule 6 - Time to Amend

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.

Rule 7 - Case Management Pursuant to Rule 16, Montana Rules of Civil Procedure, except as hereinafter set forth, the Clerk will, at the time each case comes to issue, notify the department in which the case is filed of the fact that the case is at issue. That department shall be responsible to cause the case to be placed upon its pretrial calendar. If a case is not at issue within 100 days after the complaint is filed, then the Clerk will notify the department in which the case is filed. The following matters (cases) shall be excluded from the foregoing:


Note: contact the local District Court for any exhibits or forms referred to within these pages. (a) All Delinquent actions (b) All Youth In Need Of Care actions (c) All Criminal actions (d) All Probate matters (e) All Adoptions (f) All Insanity matters (g) All Appeals from lower courts DV

DJ DN DC DP, DG/C DA DI

In these matters, at any time after the case is at issue, either party may request that the department in which the case is filed place the same on a pretrial and trial calendar.

Rule 8 - Trials Each cause shall be tried before the judge of the department in which it is filed. Non-jury and jury trials will be held throughout the year as time is available. Trial settings will be made by the Court upon request to the Court by either party, pursuant to Rule 7 of these Rules and Rule 16, Montana Rules of Civil Procedure. Each judge shall summon a panel of jurors as needed to try the cases in his/her own department. No judge shall excuse any juror from service in a department other than his/her own.

Rule 9 - Dismissal for Failure to Prosecute When no proceedings have been taken in any civil cause for a period of one year, the action will be dismissed on its merits and/or the file closed by the Court on its own motion after ten (10) days notice of such intended dismissal unless good cause to the contrary is shown. 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. Within ten days of such notice, any other party may file his objection and notice the matter for hearing. The Clerk shall give notice to the attorneys of record or the parties when an action is dismissed pursuant to this rule. The Clerk shall notify the attorney of record ninety (90) days before the expiration of two (2) years from the filing of an estate matter that it has not been completed and that fact will be brought to the attention of the Court in ninety (90) days for such action as may be appropriate.

Rule 10 - Trial Briefs

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. The presiding judge may waive a trial brief upon request and for good cause.

Rule 11 - Voir Dire - Opening Statements Closing Arguments Voir dire shall not be conducted in a manner calculated to create prejudice or bias or to disqualify the entire panel by what may be revealed by one prospective juror. Sensitive matters may, upon request, be examined one juror at a time and out of the presence of the balance of the panel. Voir dire shall not be used to argue the merits of the case. The use of written instructions anticipated to be given by the Court shall not be permitted, but this does not prohibit reasonable inquiry concerning aspects of the law which are applicable to the issues. Voir dire examination shall be limited to one hour for each party, unless for good cause shown, additional time is secured from the Court. Opening statements shall be limited to one-half hour and closing arguments (including rebuttal) shall be limited to one hour; for good cause, additional time may be requested.

Rule 12 - Orders, Judgments and Decrees 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. 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.

If service of an executed order is to be made by the Court, a party presenting an unopposed or routine order shall furnish stamped envelopes addressed to the parties upon whom the documents will be served. When any order is made by the Court, it must immediately thereafter be presented to the Clerk by counsel. 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 thereof. All orders, decrees and judgments shall be immediately filed following signature by the Court.

Rule 13 - Court Files

The Clerk is the custodian of the files of this Court. The Clerk may allow papers to be taken from his/her office in accordance with the rules of Court and appropriate statutes provided that no will, bond, deposition, exhibit or undertaking shall be taken from the Clerk's office under any circumstances, and no judgment before it is recorded, except by order of the court in writing. Nothing shall be removed from the files in criminal actions before trial without a written order from the Judge. No file shall be taken from the office of the Clerk of Court in any county without the consent of the Clerk and without the receipt therefore acknowledged in writing by the party taking the same provided, however, that no record or paper belonging to a file shall be taken from the custody of the Clerk for a period of twenty-four (24) consecutive hours of a working day after its initial filing except by permission of one of the Judges of the Court. The Clerk of Court shall be responsible for the safekeeping and return of all files, but shall allow a reasonable use of same.

Rule 14 - (Repealed) Rule 15 - (Repealed) Rule 16 - Absence or Disability of Judge The work in the district shall be interchangeable between the Judges thereof during the absence or disability of any of them or upon the request of any Judge. During the absence of any Judge, the Judges present and presiding, or any of them, may enter orders and make disposition, temporary or final, of any case or matter pending before the absent Judge. However, when any order is made for a hearing to be had thereafter, the Judge present and presiding shall make the order returnable before the Judge to whom it is assigned. Thereafter, it shall be the duty of counsel to consult with the assigned Judge to either confirm or reset the hearing date fixed.

Rule 17 - Stipulations and Agreements Stipulations and Agreements between the parties or their attorneys shall be made on the record and/or reduced to writing.

Rule 18 - Examination of Witnesses On the examination of witnesses, only one attorney for each party will be permitted to examine or cross-examine the same witnesses, except by permission of the Court first asked and obtained; however, any attorney may make objections to the testimony of a witness.

Rule 19 - Decorum On the trial of any cause or in the presentation of any matter before the Court, only attorneys and parties engaged therein shall occupy positions before the bar, except by permission of the Court. No argument, motion or suggestion to the Court, other than a formal objection to the evidence, need be entertained unless the attorney making the same first rises in his place and addresses the Court.

Rule 20 - Judgment on Written Instrument In all cases in which a judgment is entered upon a written instrument, the Clerk shall, at the time of entering judgment, note in ink over his official signature across the face of the instrument the fact of the entry of judgment and its date and attach his seal thereto, and file the said instrument in his office, which instrument shall not be removed except by order of Court. Then a proper entry of the same and of the order shall be made in the register of actions under the title of the case in which it was filed.

Rule 21 - Discovery Discovery shall not be routinely filed and shall only be filed upon certification of counsel that same is necessary and appropriate to a pending motion or upon order of the Court.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. In abuse and neglect cases brought by the Montana Department of Public Health and Human Services, counsel for the Department, at the time of the filing of a petition for termination of parental rights, shall photocopy and provide to counsel for the parents and to the guardian ad Litem, 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. Failure to provide documentation shall be grounds for rejection of documents into evidence at the time of the termination trial. 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 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.

Rule 22 - Interrogatories

RULE 22 The form of interrogatories and answers thereto shall conform to the requirements of Rule 33, Montana Rules of Civil Procedure. The Court will, except in extraordinary circumstances, sustain a motion to quash all interrogatories if it appears that numerous frivolous interrogatories are asked therein. (Comment: This rule is intended to require the interrogator to custom prepare his interrogatories to the case at hand.)

Rule 23 - Transcript

RULE 23 Except for good cause shown, no extension of time will be granted in any case in addition to the time allowed by statute in which to prepare a transcript unless the party desiring such extension shall first make a written request to the court reporter for a transcript of the notes of the testimony and shall file and serve a copy of his request and, at the same time, make satisfactory arrangements to pay the estimated fees therefore.

Rule 24 - Evidence as to Character Not more than two witnesses will be allowed to testify as to character in any cause, civil or criminal, without leave of the Court being first asked and obtained.

Rule 25 - Guilty Plea 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. Copies of the executed document shall be served upon the persons designated by said form and at the time provided.

Rule 26 - Criminal Cases A. In a criminal case, if a not-guilty plea is entered at the time of the arraignment, the case will be set for Omnibus hearing at a later date. The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and said motion shall be noticed for hearing by the moving party. Dispositive motions shall be made within sixty (60) days of arraignment. B. The Court hereby urges that full discovery, exploration and plea discussions be carried out between counsel prior to the Omnibus hearing. C. It is contemplated that most cases will be on a course for trial or be ready for a guilty plea at the time of the Omnibus hearing. If a defendant is going to plead guilty, he shall do so as soon as possible and in all events prior to trial. D. Unresolved cases will come on for trial after the Omnibus hearing. E. On the form, the State and defense may check off the items called to the attention of the Court and note for their file copy the action taken. Such annotations will become a motion by the defense and by the prosecution for the relief requested and a shorthand record of the action taken. If a sufficient record has been made in the Omnibus hearing, the Court will summarily hear, consider and decide motions checked on the Omnibus form. However, the Court, upon request or upon its own direction, may permit the defendant or the State to state in writing motions and grounds therefore and to support said motions with appropriate supporting documents. If witnesses are to be called, the Court will set a date certain for a hearing upon the motion. F. In all cases in which the Court has discretion to consider a motion or allow the exercise of a defense at a later date than that designated in any statute, no party shall be deprived of the right to make such motion to designate such defense by waiting to present the same at the time of the Omnibus hearing, as contemplated by this rule.

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Rule 27 - Evaluations, Therapy and Counseling in DR Cases

The Judge to whom a domestic relations case with visitation and/or child custody issues is assigned shall consider, at the time of the scheduling conference or at any subsequent time, the advisability of requiring the parties to participate at their own cost in such evaluation, counseling, therapy, course of education and/or dispute resolution as may appear necessary and appropriate in the circumstances relative to the parenting and/or dissolution issues. Any party may also request the Court to order the same at any time.

Rule 28 - (Repealed) Rule 29 - Settlement Conferences and ADR The Judge to whom a case is assigned shall consider, at the time of the scheduling conference or at any subsequent conference, the advisability of requiring the parties to participate in a settlement conference or other alternative dispute resolution process including, but not limited to, mediation. Any party may also request the Court to order a settlement conference or other alternative dispute resolution process. The Chairman of the Yellowstone County Bar Association Settlement Masters Committee shall maintain a list of settlement masters, comprised of attorneys duly licensed and admitted to practice law, who have engaged in the practice for a minimum of five (5) years, and have indicated their availability to act as settlement masters in cases pending before the Court. The parties may select any qualified person to act as a settlement master and shall not be limited to the list of settlement masters maintained by the Chairman of the Yellowstone County Bar Association Settlement Masters Committee. If a settlement master or mediator is appointed by the Court or selected by the parties his/her fees shall be paid equally by the parties unless otherwise agreed. In the event that any party objects to a settlement conference by a settlement master for any reason, including inability to pay the costs associated with mediation, the presiding Judge may, in his discretion, request another District Court Judge to preside over a settlement conference or mediation. 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: (1) Counsel who will actually try the case shall attend the settlement conference. All parties shall attend in person. Corporations named as a party and involved insurance companies shall have a representative present who has authority to settle the claim without the necessity of seeking or obtaining authority from some other person or entity; provided, however, that if, in the judgment of the settlement master, the magnitude of the case does not require such representative to be present in person, he shall have authority to proceed with an experienced representative present who shall have access by telephone to the person with final authority. (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 County Bar for statistical purposes.) (3) All communications made in connection with the settlement conference or mediation are confidential and will not be disclosed to anyone. Statements or communications of any kind occurring during the settlement conference may not be used by any party with regard to any aspect of the litigation. The parties will not subpoena or otherwise require the settlement master to testify in any future proceedings. No person present at or participating in a settlement conference or mediation shall be subject to examination concerning any statements made or alleged


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 30 - DR & DF Matters - Termination Counsel of Record

as

In the event no action occurs within 12 months of entry of a Final Decree or Order in a DR or DF cause, unless counsel of record provides notice to the Court otherwise, said counsel of record shall no longer be considered as counsel of record in the cause and his/her designation as such shall be terminated. These rules are hereby adopted and shall apply to and be in force in Yellowstone County until further order of the Court. Revised September 5, 2007.

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to have been made by that person or by any other participant or person attending, including statements of the settlement master or mediator. The settlement master or mediator may, for the sole purpose of establishing the fact of settlement, disclose that settlement was in fact agreed.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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MONTANA FOURTEENTH JUDICIAL DISTRICT COURT RULES GOLDEN VALLEY, MEAGHER, MUSSELSHELL and WHEATLAND COUNTIES

Preface The following are the Rules of Procedure of the District Court of the Fourteenth Judicial District. Where indicated, these Rules incorporate the Uniform District Court Rules as adopted by the Order of the Supreme Court. These rules describe the usual manner in which the Court does business, including the processes which govern litigation. If counsel have an emergency which is not covered adequately by these rules, or need relief from the application of them, counsel may present such matters to the Court for its consideration. (For Rules 1-14, see Montana Uniform District Court Rules)

Rule 15 - Obtaining Court Order Motion and Briefing Requirement. 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. All motions filed shall be briefed and deemed submitted pursuant to Rule 2, Uniform District Court Rules. Document Title. 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) Proposed Order. 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. 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. Oral Arguments. Oral argument will be set on summary judgment motions unless waived by all parties. In civil cases, parties desiring oral argument on other motions must support the request with specific reasons. Oral argument is scheduled exclusively by the Judge or through the Court���s Administrative Assistant.

Rule 16 - Telefax Filing

Authorization. Any document which may be filed by mail may be submitted by telefax transmission using the following procedure. Filing Procedure. 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. The date and time of the Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing. Should the original of the telefaxed document not be served on the same day as transmittal, service of the telefax document must be made as provided in Rule 5, M.R.Civ.P. The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail. Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document. The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission. Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk. Filing documents by telefax shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.

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Rule 17 - Communications with the Court (a) Reception, Scheduling, Transcripts and General Inquiries. All persons seeking a conference with the judge MUST, in order to avoid conflict, first check in with the Court Administrator Derinda Hazelton. 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, P.O. Box 357, Roundup, Montana 59072; Telephone: 406-323-1701, Fax: 406-323-1710. (b) Reminders to the Court. 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.

Rule 18 - Law and Motion Day and Time. To conduct routine matters, reasonable effort will be made to schedule two (2) law and motion dates monthly in each county. At White Sulphur Springs, Meagher County: 1st and 3rd Tuesday of each month. At Harlowton, Wheatland County: 1st and 3rd Tuesday of each month. At Ryegate, Golden Valley County: 1st and 3rd Tuesday of each month. At Roundup, Musselshell County: 2nd and 4th Thursday of each month. Scheduled law and motion may continue on any designated date at the discretion of the Court. Additional law and motion dates may be held in any county when, in the discretion of the Court, the business of the district so requires. Routine Matters. “Routine matters” for the purpose of law and motion shall include initial appearance, arraignment, judgment by consent or default, probate proceedings, uncontested ex parte matters, matters pertaining to questions of law only and any other matters reasonably anticipated to take less than 30 minutes to complete. Matters set for law and motion date which become contested are subject to postponement and rescheduling. 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. Emergency matters may be presented to the court at any time upon adequate showing by moving party. Parties or counsel not prepared when their matter is called from the calendar will be moved to the end of the calendar and be heard subject to available time. Continuances. Matters scheduled for law and motion may be continued by the Court on its own initiative. Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, Uniform District Court Rules. Counsel may withdraw from the law and motion calendar any matter placed thereon solely by reason of their prior notification to the Court Administrator. Contested Matters. 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. Document Presentation. 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.

Rule 19 - Scheduling and Pre-Trial Scheduling Procedure. Rule 16(b), M.R.Civ.P. requires a scheduling order to be issued no more than 120 days after filing of complaint. 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. 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. 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. Court approval of the submitted scheduling order shall vacate the scheduling conference. Should attorneys for the parties and all unrepresented parties stipulate to a waiver of discovery, an immediate trial scheduling conference may be held with the Court’s Administrator. Parties should be prepared at the


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Trial Settings. Trials shall be held throughout the year as scheduled. Trials may be stacked, i.e., more than one (1) trial may be set for the same time, and if so, the Court shall determine the order of priority. Regardless of order, counsel and parties should be prepared to commence trial at the time scheduled. If preempted by another trial, the Court will reset trial and, whenever possible, to commence within the next thirty (30) days. Six Person Juries. Pursuant to §3-15-106, MCA, in all civil actions where the relief sought in the complaint is under the sum of Ten Thousand Dollars ($10,000.00), the trial jury shall consist of six (6) persons. The Court encourages parties to stipulate to six-person juries in other civil cases where appropriate. Extension of Discovery Deadlines. Discovery deadlines are to be followed. 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. Monitoring. The Court’s Administrator will monitor deadlines established by scheduling order(s). Failure to diligently respond to monitoring inquiries may result in sanctions, including removal from the trial calendar or loss of trial priority status. Final Pre-Trial Conference. A date and time for the Final Pre-Trial Conference under Rule 5, Uniform District Court Rules will be set at the scheduling conference. Each party represented by counsel will have an attorney present at the Final Pre-Trial Conference with authority to make stipulations and admissions. Counsel should inform the Court at the Final Pre-Trial Conference of health conditions or other special needs of counsel, a party or witness that will likely need attention during trial. Telephonic Testimony. Telephonic testimony by witnesses should be the exception and not the rule. No telephonic testimony will be permitted absent leave of the Court and stipulation of the parties. Should leave of the Court be granted allowing telephonic testimony, the party seeking leave shall be responsible for all costs associated with procuring such testimony including, but not limited to, telephone toll charges. Sanctions. Sanctions for violating the Court’s scheduling order or pretrial conference agenda may be imposed under Rule 16(f), M.R.Civ.P. Postponement of Trials. 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. 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. If any action set for a jury trial is continued within 96 hours of the trial date, the Court may require the moving party to reimburse the Clerk of Court for any expenditures incurred by the Clerk of Court.

Rule 20 - Security (a) Potentially violent situations; duty of party/counsel. 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. (b) Weapons. Only on-duty law enforcement officers or court security

personnel shall be entitled to bring or carry firearms or other weapons in the courtroom, chambers or offices of other court personnel. (c) Search. Anyone wishing to enter the courtroom may be subject to metal detector security check or required to submit to a search of his or her person or belongings by law enforcement or other court security personnel. (d) Prisoners. Prisoners may appear in court in jail clothing when a jury or jury panel is not present. While in the courtroom prisoners will have handcuffs, manacles, and other restraining devices unless the defendant's attorney requests otherwise and sheriff’s deputies or jail/ detention center officer(s) in their discretion believe it is appropriate to remove some or all of such devices. Prisoners shall not appear in court or in any places where they may be observed by a jury or jury panel in prison/jail clothing or in restraints without permission of the Court being first obtained. Prisoner movement within the Courthouse shall be accomplished by detention center or jail staff or court security personnel. (e) Contact by or with Prisoners or Detainees. Except as otherwise provided for in paragraph (d) above, no person other than detention center or jail staff, court security or counsel of record may have physical contact with or communicate with in-custody prisoners or pre-trial detainees at any time said persons are in the Courtroom or being transported to or from the Courthouse. Attorney/prisoner visits or meetings shall be conducted in a secure location, preferably the Musselshell County Sheriff’s Department. When possible, said visits or meetings should be scheduled in advance with the Sheriff’s Department. However, if, during court proceedings, it becomes necessary for an attorney to consult with a prisoner, pursuant to §37-61-418, Montana Code Annotated, such communication shall take place between attorney and prisoner alone and in private with due regard for security considerations.

Rule 21 - Alternate Dispute Resolution Mediation. Parties, at their cost, may voluntarily retain a private individual for mediation of their case. In such case, mediation shall be a confidential meeting between the parties and the mediator to seek and promote communication between the parties with a view toward reaching a settlement agreement. Parties may agree to attend mediation without counsel. 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. Settlement Conference. In all civil cases, the court may require at any time a settlement conference before an appointed settlement judge or master. Any party may move the Court to order a settlement conference with an appointed settlement judge or master. At the discretion of the Court, trial may be postponed or not set until after a settlement conference. Settlement Judge or Master. The settlement judge may be either a current or retired state District Court Judge. The settlement master may be any person qualified under Rule 58, M.R.Civ.P. Settlement Conference Defined. A settlement conference is a confidential meeting between the parties, attorneys and the settlement judge/master with a view toward negotiating a settlement. 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. The parties and their attorneys must be present unless excused by the settlement judge/master. Sanctions. Failure of a party or counsel to participate in a Courtordered settlement conference may result in sanctions such as imposition of costs and attorney’s fees incurred by opposing party in preparation for settlement conference. Confidential. No person present at a settlement conference shall be subject to examination concerning statements made by any other person at the settlement conference. Parties cannot subpoena or otherwise require the appointed settlement judge/master to testify regarding his opinions or other matters expressed at the settlement conference. Attendance of Insurance Claims Person. In all cases where pertinent, claims representative(s) from insurance companies, with requisite settlement authority, shall be required to attend the settlement conference in person or by speaker phone. Upon good cause shown, the Court may require personal appearance. Fees. Fees charged by a settlement judge/master may be imposed upon parties in discretion of the Court. Settlement Documents. If a case is settled by settlement conference or other method before the trial date without documentation, parties shall forthwith inform the Court in person or by conference call and a minute entry will be made vacating trial as the case has been settled. Once of record, the agreement is binding and enforceable. Within thirty (30) days, settlement documents must be prepared and filed.

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scheduling conference with their calendars so a firm trial date can be set. Following the scheduling conference, a scheduling order with discovery deadlines and trial dates will be issued by the Court. Under Rule 16(b), M.R.Civ.P., the following matters are exempt from the scheduling procedure: Youth Court cases Criminal actions Probates Adoptions Mental Commitment Small Claims Appeals Abstract or Transcript of Judgment Administrative appeals Seizures and Forfeitures Habeas Corpus and Post Conviction Relief Name Changes Abuse or Neglect proceedings Emancipation

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Note: contact the local District Court for any exhibits or forms referred to within these pages. Sealing Confidential Information. 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.

Rule 22 - Trial Practice

Exhibits. Counsel shall make reasonable effort to pre-label all exhibits to be used at a trial. In marking trial exhibits, plaintiff shall use letters, and defendants shall use numbers. Multiple defendants should use a different initial before numbering of each exhibit. (Eg., Defendant Robin would use R-1, R-2, etc.) Copies of all standard-size exhibits shall be made in advance for the judge and opposing counsel. No exhibits shall be used in opening statement without prior Court approval. Exhibits will be disposed under Rule 12 Uniform District Court Rules upon final disposition of the case. Timing of Objections. Objections must be made after the question has been asked and before the witness has answered. It is objecting counsel’s responsibility to stop the witness so the objection can be made. All counsel shall prepare their witnesses to refrain from answering when an objection is made. Manner of Objections. Unless apparent, counsel must state succinctly the specific grounds for objection. All objections will be addressed to the Court. Argument may be made only upon request or approval of the Court. Voir Dire. Voir dire examination shall not exceed one (1) hour per side without prior leave of Court. Only one (1) attorney for each party may conduct voir dire. In the exercise of discretion, the Court may preclude counsel on voir dire from: 1. Asking questions of an individual juror that can be asked collectively; 2. Asking questions covered by and answered in the juror questionnaire; 3. Repeating questions asked and answered; 4. Using voir dire to instruct the jury on the law; 5. Using voir dire to argue the case; or 6. Asking a juror what his or her verdict might be under hypothetical situation based upon expected evidence or otherwise. Examination. Only one (1) attorney for each party shall examine or cross-examine the same witness. On cross-examination of any witness or direct examination of a hostile witness, counsel shall not approach the witness without first obtaining permission of the court. Counsel shall not obstruct jury view of the witness. Discharge of Witness. A party having a witness subpoenaed in a civil case may discharge the witness by motion made in open court. If an opposing party desires the witness to remain, such party must procure the witness’s further attendance by subpoena or order of the Court and shall thereafter be responsible to the witness for fees. Character or Parenting Witnesses. No more than three (3) witnesses for each party will be permitted to testify as to the character of a person or parenting practices and abilities without an order of Court authorizing additional witnesses. Final Argument. Each party is limited to one (1) hour for final argument, without prior leave of the Court. Plaintiff must allocate more time to the opening portion of Plaintiff’s final argument. Jury Instructions. 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. Parties should inquire of the Court at the final pre-trial conference of any stock instructions which need to be duplicated. Invoking 5th Amendment Privilege. Any attorney, party, or witness, who anticipates that any witness to be called in a trial by jury might refuse to answer a question on the grounds that the answer may tend to incriminate him or her, shall so advise the court in advance of such witness testifying. The court shall thereupon hold a hearing outside of the presence of the jury to determine if, in fact, such will be the case. An appropriate order will then be entered for the purpose of avoiding, if possible, “taking the 5th” in the presence of a jury.

Rule 23 - Rules of Decorum (a) The District Court adopts the Fourteenth Judicial District Courtroom Decorum and Practice Guidelines attached hereto as Exhibit “A.” (b) Photography and Media. Broadcasting, television, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court, or recesses between sessions, shall be allowed only with prior notice to, and specific permission of, the presiding judge. All equipment used and persons using it shall remain behind the bar. No flash lights, or other lighting equipment, or large microphones

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shall be used. Photographers, television cameras, and other recording devices, when allowed, shall remain stationary, and shall be used so as to not disrupt the proceedings. No photographs of or televising of the members of a jury shall be permitted. (c) Removal. Parties or other persons in the courtroom while the Court is in session shall be subject to removal for behavior or actions considered disruptive or threatening.

Rule 24 - Marital Dissolution Cases

Child Support Guidelines. 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. Support 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. Notice to Child Support Enforcement Division. 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 and if so, petitioner shall immediately notify Montana’s Child Support Enforcement Division in writing of the pending action and file proof of such notice with the Clerk of Court.

Rule 25 - Criminal Actions Financial Disclosure by Indigent. Defendants desiring courtappointed counsel due to indigency shall file a sworn Financial Disclosure Application substantially in the form available through the Court Administrator, Sheriff’s Department or 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 costs incurred by the County in providing appointed counsel may be required and shall contain the applicant’s agreement to diligently inform the Court of any substantial change in the reported financial conditions. Court Appointed Counsel. (1) Appointment. Upon determination of entitlement under §46-8-101, MCA, counsel will be appointed to represent a defendant. (2) Compensation. Court-appointed attorneys in criminal actions shall be compensated at a rate not to exceed Sixty Dollars ($60.00) per hour. Expenses reasonably incurred in representation shall also be reimbursed; provided expenses shall not exceed state accepted rates and expenses shall not exceed Three Hundred Dollars ($300.00) in aggregate without Court approval. (3) Pre-Sentence Report (PSI). 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. Bail. Initial Bail Request. 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. Bail From Lower Courts. Whenever bail has been furnished to a Justice or City Court and the cause is transferred to District Court, the County Attorney shall assure bail is delivered by the Justice or City Court to the Clerk of Court by the initial appearance. If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail. Arraignment. (1) Delivery of Charging Documents. 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. (2) Acknowledgment of Rights. 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.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 26 - Youth in Need of Care Temporary Investigative Authority (TIA). An order of temporary investigative authority and protective services issued under §41-3-433, Montana Code Annotated shall not extend beyond 90 days. The action is subject to dismissal unless the person or party filing the petition brings the matter for adjudicatory hearing under § 41-3-437, MCA within the time period provided.

Rule 27 - Confidential Criminal Justice 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. 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. A hearing may be held at the Court’s discretion. Following in camera inspection, should dissemination of confidential criminal justice information be allowed, the information shall be returned to the requested agency for dissemination. Dissemination shall be subject to copying costs paid in advance to the requested agency.

Rule 28 - Bankruptcy 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. Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

Rule 29 - Appeals from Justice or City Court Scheduling. When an appeal from Justice or City Court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance not less than ten (10) days from the date of the minute entry. This provision does not apply to appeals on the record from Small Claims Court. Failure to Appear. In any appeal from Justice or City Court, if one of the parties does not appear for scheduling, the Court may dispose of the matter as the ends of justice dictate, including issuance of order dismissing the appeal.

Rule 30 - Removal to Small Claims Court

All actions for recovery of money or specific personal property where the amount in controversy does not exceed Three Thousand Dollars ($3000.00) shall be subject to removal to Small Claims Court pursuant to §3-10-1004, Montana Code Annotated.

Rule 31 - Closure of Estates The Clerk of Court shall notify the Judge of all estate matters that remain pending two (2) years after appointment of the personal representative. The Court may thereupon order the personal representative and attorney to appear and show cause under §72-3-1015, Montana Code Annotated why the estate has not been closed.

Rule 32 - Conservatorships

Insurance Settlement. In the event of a settlement for a minor or disable person, the insurance company, through counsel, may not represent the plaintiff for conservatorship purposes. Annual Accounting. 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. Borrowing by Conservator. All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval. Bond or Certificate of Deposit. 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. 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. Waiver of Annual Accounting. In the event of a Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

Rule 33 - Law Library

A law library is maintained in each of the four (4) counties of the 14th Judicial District. The library will be open to the general public during the business day upon request made of the Clerk of Court. Only attorneys maintaining an office practice within the county where the library is located can remove books or materials from the library upon first informing the local Clerk of Court. All books or materials removed shall be promptly returned.

Rule 34 - Signature Stamp The Court Administrator shall maintain under lock and key a signature stamp bearing a facsimile of the Judge’s signature. On occasions when the Judge is out of the jurisdiction or is otherwise unavailable, the Judge may authorize the Court Administrator to use the Judge’s signature stamp on documents requiring immediate attention by the Court. It shall

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(3) Court entered “Not Guilty” Plea. A defendant unwilling to enter a plea at the time of arraignment is subject to the Court entering a “not guilty” plea. In such event, the defendant, on request, will be allowed to reserve for a reasonable time the right to move against the charging document(s) and to file motions and assert all defenses to which he/she may be entitled. Omnibus Hearing. Setting. Following plea of “not guilty,” the court will set the Omnibus Hearing described in §46-13-110, Montana Code Annotated usually within 30 to 45 days. Omnibus Hearing will be conducted between the prosecution and defense counsel, and upon completion submitted to the Court for approval. Discovery. Unless motion is filed seeking protection, the prosecution shall make disclosure under §46-15-322(1)-(4), Montana Code Annotated. Defendant shall comply with disclosure deadlines under §46-15-323, Montana Code Annotated or seek extension as allowed thereunder. Waiver. Upon submission of a completed and signed Omnibus Hearing Memorandum form, counsel will be deemed to have waived an Omnibus Hearing before the Court, absent a request to the contrary. Mental Competency Issues. Upon motions under §46-14-202, MCA requesting examination, defendant’s counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination. Should examination be ordered upon defendant’s motion, defense counsel shall be responsible to assure a report of examination under §46-14-206, MCA is timely filed. Plea Agreement. Plea Discussions. No defendant is required to discuss a plea agreement. The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to scheduled trial. Written Plea Agreements. Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence. Alford Pleas. 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. Effect on Trial Setting. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court. Pre-Sentence Investigation. In preparing a Pre-Sentence 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. 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. Prior to sentencing, defense counsel shall review the filed PSI with defendant. Presence of Sheriff’s Department. Unless excused by the Court, an officer of the Sheriff’s Department shall be present during sentencing. The prosecution shall inform the Sheriff’s Department of the dates and times of all sentence hearings.

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Note: contact the local District Court for any exhibits or forms referred to within these pages. be necessary to secure the Judge’s authorization on every occasion before his signature stamp is used, and the signature stamp shall only be used when it is not feasible to wait until the judge returns to the jurisdiction or otherwise becomes available to personally sign the document in question.

Rule 35 - Amendment-Relief Amendment. Amendments to these rules may be made from time to time by Court Order filed with the Clerks of Court for each county within the 14th Judicial District. Relief. If counsel believe in good faith they have a situation which is not covered adequately by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the court for its consideration. Applicability. These rules, in addition to the Uniform District Court Rules, shall apply to all cases in each Court in each County in said District, and shall be entered upon the Minutes of this Court in each County of said District. The Clerks of Court shall keep an original copy of these Rules and any amendments thereto. Pursuant to 3-1-112, Montana Code Annotated, the District Court of the Fourteenth Judicial District of the State of Montana, in and for the Counties of Musselshell, Golden Valley, Wheatland and Meagher hereby adopts the foregoing Rules of Court for the practice and proceedings of the Fourteenth Judicial District of the State of Montana, and that the same be entered upon the minutes of this Court in each County of this District, and that they be printed for distribution among the attorneys of this Court.

Rule 36 - Dismissal of Actions for Laches

The Clerk of Court will bring to the attention of the Court on a quarterly basis those actions which the pleadings shown to have been at issue for more than three (3) years. Periodically, the Court will review the status of civil cases and request status reports. Parties are to comply with such request within twenty (20) days in writing. In the event parties do not comply, the Court may dismiss the matter or issue further appropriate orders.

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Effective May 15, 2003

MONTANA SIXTEENTH JUDICIAL DISTRICT COURT RULES CARTER, CUSTER, FALLON, GARFIELD, POWDER RIVER, ROSEBUD and TREASURE COUNTIES

Rule 1 - Department and Assignment of Cases A. The District Court is divided into two (2) departments. Department 1, with Judge Gary L. Day presiding, consists of Custer (except for Youth Court cases), Garfield and Powder River Counties. Department 2, with Judge Joe L. Hegel presiding, consists of Carter, Custer (Youth Court cases), Fallon, Treasure and Rosebud Counties. All actions filed shall initially be assigned to the presiding judge of the department in which the action is filed subject to transfer as set forth below. Once assigned, the presiding judge's name shall appear on all file covers and documents for service. B. A petition for consolidation, pursuant to Rule 42(a), Montana Rules of Civil Procedure (MRCP), shall be filed in each action to be consolidated. The judge in whose department the initial action was filed shall determine whether consolidation shall be ordered and all actions thus consolidated shall be assigned to that department. C. The work in the District shall be interchangeable between the judges thereof during the absence or disability of either of them or upon the request of either judge. Any judge making any order for a judge of another department will be presumed to have acted with the consent of that judge. Actions by one department relative to a case assigned to the other department shall not, by that fact alone, result in a transfer of the case. D. Either judge may, with the consent of the other judge and after stating the basis therefor, transfer any action, matter or proceeding to the other department. The Clerk of Court shall provide notice of said transfer to all parties. E. In the event of a disqualification, the first judge invited to assume jurisdiction shall be the other judge of the District, unless he has already recused himself or been disqualified. In the absence of judicial disqualification, no cause may be transferred from one department to the other without an order of approval, considered and signed by both department judges.

Rule 2 - Schedule for Law and Motion A. Law and Motion shall be set and heard on the following schedule: Department 1: Custer County: An effort will be made to set a Law and Motion schedule on Tuesday of each week. Garfield County: Thursday of the first full week of each month. Powder River County: Wednesday of the first full week of each month. Department 2: Rosebud County: Every Monday and sometimes on Thursdays as needed. Fallon County: Tuesday of the first full week of each month, and as the Court's caseload warrants. Carter County: Tuesday of the first full week of each month. Treasure County: Thursday of the first full week of each month. Custer County: Second and fourth Fridays of each month. B. The Court will hear uncontested matters, judgments by default, probate matters, criminal matters and appropriate ex parte matters. Matters which counsel expect will be contested or are expected to take more than fifteen (15) minutes should be scheduled with the legal assistant and the Clerk of Court. All matters shall be calendared with the Clerk of Court no later than 5:00 p.m. at least one (1) business day before Law and Motion day. If time permits, uncalendared matters may be presented and heard after all calendared matters have been heard. Uncontested or emergency matters may be presented to the Court at such other times as the Court is available and willing to hear them. C. No matter may be placed on the Law and Motion calendar until all relevant supporting documents have been filed with the Clerk of Court and served pursuant to applicable rules. Rule 3 - Hearings on Motions A. When a counsel desires oral argument on a motion, other than a motion for summary judgment, he or she shall so state in a separate document entitled "Request for Oral Argument," including therein the reasons in support of the request for oral argument. The moving party shall include with the request for oral argument a proposed order grant-


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 4 - Service of Process and Papers; Mailing Duties

A. Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof exists as prescribed in the Montana Rules of Civil Procedure, or other applicable statute, shall be filed with the Clerk of Court promptly, and in all cases, before any action is to be taken thereon by the Court or the parties. B. Except for criminal matters and cases involving court-appointments of counsel for dependent and neglect cases, whenever the Clerk of Court is required to furnish notice of any pleading, judgment or order, all necessary copies of such pleading, judgment or order shall be furnished to the Clerk of Court together with properly pre-addressed and pre-stamped envelopes. C. Two originals of any order to show cause, temporary restraining order, or like order, together with a sufficient number of copies to be conformed for service or mailing to all parties, shall be presented to the Clerk of Court for the judge's signature. If the judge signs the orders, he or she will sign both as original orders. One original shall be retained as part of the file and the other shall be used for service. D. Any counsel obtaining a judgment or decree shall immediately deliver it to the Clerk of Court for filing together with the required filing fee. Failure to comply with this requirement shall be deemed a contempt of court.

Rule 5 - Scheduling Orders; Communications with the Court

A. No more than 120 days after the date of filing of a complaint in a civil (DV) or dissolution (DR) action, counsel for the plaintiff or petitioner

shall file a written request for a scheduling order which shall be issued by the Court in accord with MRCP 16(b), unless all parties stipulate otherwise and the Court deems a scheduling order unnecessary in the circumstances stipulated. Failure to file such a request in a timely manner may result in sanctions, including dismissal. Counsel for the defendant or respondent may also move for a scheduling order in his or her discretion. B. The Court will not receive letters or other communications from counsel or parties that do not indicate on their face that copies have been sent to opposing counsel and any unrepresented parties. C. No party shall discuss ex parte with the Court any substantive issues involved in pending or anticipated cases without the presence of or notice to all opposing counsel, or without prior approval or stipulation by such counsel. A violation of this rule may result in a disqualification of the judge for cause as well as imposition of sanctions against the offending counsel or party. D. In the event the Court has under advisement any matter, including but not limited to a motion or decision in a bench trial, for a period of more than thirty (30) days, each party affected thereby shall file with the Clerk of Court a pleading entitled "Request for Decision" which shall state the date the matter was taken under advisement and shall request a decision thereon from the Court. E. Following a scheduling conference and an order therein, the legal assistant and the Clerk of Court shall place said cause and such others as the Court shall direct upon the regular trial calendar. Notwithstanding the above, the Court may, in its discretion and upon such notice as the Court deems reasonable, set down for trial any cause coming to issue. F. All the Court's scheduling shall be done in conjunction with the legal assistant and the Clerk of Court, especially in matters to be scheduled with short notice. Opposing parties shall be given reasonable notice of all matters set by the Court. The Court, on its own motion, may set such cases for trial on a date convenient to the Court upon an order giving the respective parties reasonable notice of the date said case will be tried. The foregoing rule shall apply in like manner where the presiding judge has been called in and assumed jurisdiction.

Rule 6 - Trials A. Counsel: 1. All counsel shall together confer with the judge prior to trial. 2. Counsel shall have stipulated in the pre-trial order as to those exhibits that will be admissible without objection. Copies of exhibits for the bench are required in complex matters. 3. All exhibits are to be marked prior to trial or during recesses. Plaintiff/petitioner shall mark its exhibits with numbers, and defendant/ respondent shall utilize letters. 4. Trial briefs shall be submitted as required in the pre-trial order. 5. When, after the day is fixed for the trial of any cause, either party desires a continuance, he or she shall give the opposing party five (5) business days' notice that application will be made therefor and the grounds thereof. For good cause, the time may be shortened. Continuance may be granted on the Court's own motion or upon motion of counsel or a party, if such a continuance does not inconvenience the Court in the process of the trial calendar. Continuances, even when stipulated to by counsel, will not be routinely granted. Continuances of any requirement established by the scheduling order shall only be allowed by Court order for good cause shown. 6. At least eleven (11) business days prior to the commencement of a civil or criminal jury trial, defendant's/respondent's counsel shall advise the Clerk of Court whether said trial will proceed such that the Clerk of Court has sufficient time to call a jury, or alternatively, to set other matters in the time slot set aside for a vacated, continued, or otherwise settled matter. Failure to comply with the requirements of this rule may result in the imposition of sanctions where appropriate. 7. During any contested hearing, no argument or motion to the Court, other than a formal objection, will be entertained unless counsel making the same first stands in his place to address the Court, and the Court grants a request for argument. Argument, when permitted by the Court, shall cease on completion of rebuttal. 8. The party whose duty it is to first offer proof in any trial or proceeding shall have the right to open and may close the argument. Should the adverse party waive argument, no rebuttal will be permitted. 9. In the examination of witnesses, only one counsel for each party

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ing oral argument. In the event the Court grants oral argument, the moving party shall schedule such argument with the appropriate Court personnel and opposing counsel, and shall present an order setting oral argument for signature. If the Court determines on its own motion that oral argument would be beneficial to a determination of the motion, it shall so order and will notify the parties of the time and date of hearing. B. Scheduled hearings on motions pending may be continued by the Court on its own initiative or upon the written motion of any party with notice to all adverse parties. All such motions to continue must be submitted in writing and accompanied by an appropriate formal order prepared for the Court's approval. C. Setting and Continuing Hearings: 1. Where the parties have appeared, either personally or through counsel, the Court will neither set nor continue a hearing on a party's motion, unless the moving party first obtains dates the opposing party, or counsel if represented by counsel, is available, and has checked with the Clerk of Court or the judge's legal assistant to identify the earliest appropriate dates when all parties may attend. This information shall be certified in the written motion and the moving party shall retain appropriate documentation to support such certification. In the event that a moving party has unsuccessfully attempted to obtain such information from the opposing counsel or party, if not represented by counsel, the moving party shall certify to the extent of such efforts and that such information was not reasonably available, whereupon the Court may set the hearing. 2. Reference Uniform District Court Rule (UDCR) 3 concerning ex parte matters. See appendix for forms designed to meet the requirements of UDCR 3. 3. Reference MCA §§ 40-4-219 and -220 regarding motions to modify parenting plans. D. Time settings for hearings on contested motions will be obtained from the judge's legal assistant and the Clerk of Court. E. In order to avoid scheduling conflicts, all persons requesting non-judicial use of district courtrooms, jury rooms, libraries or judicial office spaces shall schedule such usage with the Clerk of Court. F. The proponent of any motion filed with the Court must submit, contemporaneously with the motion, a proposed order granting the relief sought. If the proponent of the motion wishes for the Clerk of Court to mail the signed order to any party, the proponent shall also deliver properly pre-addressed and pre-stamped envelopes for all parties to receive a copy of the signed order. G. The Court may establish time parameters for beginning and ending any hearing or trial. Unless prior Court approval is obtained, the parties should expect the Court to enforce the time limits set by the Court or stated by the parties at the time of scheduling. H. Reference UDCR 2 for additional information.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

will be permitted to examine or cross-examine the same witness, except by prior permission of the Court. 10. Counsel must stand at the lectern when talking, except when making objections. However, if the objection and discussion become lengthy, counsel shall then move to the lectern. 11. Counsel shall not use any exhibits or charts in an opening statement without first obtaining the Court's approval. 12. Counsel shall not stand between a witness and the jury. 13. Counsel shall not have a witness stand with his or her back to the court reporter. 14. Counsels' closing arguments will be no more than forty-five (45) minutes unless otherwise specifically permitted by the Court. Plaintiff's counsel must use at least half (½) of his or her time in the initial argument, and in the remaining time reserved for plaintiff's counsel's rebuttal, he or she may not address any matters not previously addressed in the initial portion of plaintiff's counsel's closing argument or in the defendant's closing argument. 15. Unless the Court allows otherwise, one counsel from each side shall stay in the courthouse during jury deliberations. Other counsel and the parties will remain available upon ten (10) minutes notice. 16. Court sessions normally will be held until at least 5:00 p.m. Therefore, parties must be sure to have a sufficient number of witnesses ready to testify such that neither the Court's nor the jury's time is wasted by an early adjournment due to a witness not being present to testify. 17. If counsel must make an argument outside the presence of the jury, he or she must inform the Court either before the jury is called in or a recess is taken. 18. The judge needs time to rule on objections. Therefore, counsel shall not proceed with questioning until the judge rules. Counsel may make arguments only with the judge's approval and usually outside the jury's presence. Objecting counsel is responsible for interposing the objection before the witness begins answering, otherwise the objection is untimely. 19. Offers of proof will be made, whenever possible, during recesses and outside the jury's presence. 20. Counsel, not the Court, is responsible for making his or her record. For example, if at a side bar, the Court orders counsel to terminate a particular line of questioning, then at the next opportunity outside the presence of the jury, counsel must recite on the record those matters occurring at side bar. 21. Counsel must treat one another, as well as the Court and its staff, with professionalism and civility, if not respect. B. Witnesses: 1. Counsel must advise his or her witnesses to "speak up" when testifying. 2. Counsel may approach the witnesses and the bench only with the Court's permission. 3. Counsel is responsible for briefing his or her witnesses on matters which are inadmissible, such as the existence of insurance or the Court's ordered exclusion of particular matters. 4. If the Court has ordered witnesses to be excluded from the courtroom, counsel must advise his or her witnesses of that fact and further advise them not to discuss their testimonies with other waiting witnesses. 5. Any counsel, party, or witness who anticipates that any witness to be called at a trial by jury may refuse to answer a question on the basis that so doing may tend to incriminate him or her shall advise the Court prior to calling that witness to testify. Upon being so advised, the Court shall hold a hearing outside of the presence of the jury to determine if, in fact, such will be the case. The Court will then enter an appropriate order for the purpose of avoiding, if possible, "taking the 5th" in the jury's presence. 6. Without first obtaining leave of Court, a maximum of three (3) witnesses for each side is permitted to testify regarding a person's character in any case, whether civil or criminal. 7. Without first obtaining leave of Court, a maximum of three (3) non-expert witnesses for each side is permitted to testify regarding a person's parenting practices and abilities in any contested parenting proceeding. C. Jury Instructions and Jury Issues: 1. Counsel shall provide the Court and opposing counsel with jury instructions and verdict forms at the start of the trial, or as otherwise allowed by the Court, and any additions as soon thereafter as possible. Counsel for all parties shall check the instructions to avoid duplication.

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The newest Montana Pattern Civil or Criminal Jury Instructions, as applicable, shall be used as the primary source. Instructions shall be on 8½" x 11" paper. See also UDCR 7. 2. Counsel shall ensure that the proposed instructions are correct with respect to gender and as to whether parties are singular or plural. 3. Instructions shall be numbered P# or D#, at bottom right corner of page. Below the instruction shall appear "Given: DISTRICT JUDGE*". (*Department 1: Counsel for each party shall provide the Court with an original of each instruction without citation of any authority at the bottom of the page.) 4. The Court will provide counsel with the pre-arranged order of instructions to be given. 5. At no time during the trial, except in voir dire, may counsel ask questions of or seek information from the jury. 6. During closing argument, counsel must stay a reasonable distance from the jury box. 7. Counsel for the parties must ensure that they themselves, their clients, and their witnesses remain apart from the jury at all times. 8. Counsel shall not repeat in voir dire those matters that the Court has already covered in remarks to the jury. 9. Counsel may not orally challenge any juror except for cause. Counsel shall exercise or waive all peremptory challenges orally in open court after the potential jurors are removed from the courtroom. 10. Jurors shall be allowed to take notes unless the presiding judge, considering the nature of the case, orders otherwise. No juror is required to take notes. The bailiff shall collect the jurors' notes at the end of each day and shall return the notes to the jurors at the beginning of the next day. Jurors shall be permitted to have their notes during deliberation. 11. Voir Dire: (A) The length and conduct of voir dire examination shall not exceed one (1) hour per side without prior leave of Court. (B) Only one (1) counsel for each party shall question the prospective jurors on voir dire. (C) The proper purposes of voir dire are to select a panel which will fairly and impartially hear the evidence presented and render a just verdict and to determine the grounds for any challenge for cause. Accordingly, counsel shall not do any of the following: 1. Ask questions of an individual juror that are susceptible of being asked collectively. 2. Ask questions covered by and answered in the juror questionnaire, except to explore some answer in depth. 3. Repeat questions asked and answered. 4. Use voir dire for the purpose of attempting to instruct the jury on the law. 5. Use voir dire for the purpose of arguing the case. 6. Ask a juror what his or her verdict might be under any hypothetical situation, based upon expected evidence or otherwise. D. In any case, whether civil or criminal, the Court will not consider for any purpose any stipulation between the parties unless it is either made in open court on the record, entered on the minutes, or made into a writing which is subscribed by either the party against whom it is sought to be enforced or by such party's counsel.

Rule 7 - Courtroom Technology

A. Counsel planning to utilize the electronic evidence presentation system must inform the legal assistant or the Clerk of Court of that fact at least one (1) business day prior to the court date. Counsel should then confirm the availability and functioning of the system the day before the trial or hearing. Counsel must completely set up and test all electronic evidence presentation equipment prior to using it in any judicial proceeding. B. Counsel is expected to utilize the electronic evidence presentation system when appropriate. Counsel using charts and photographs without the system may do so only with prior permission of the Court. If the Court grants permission, charts and photographs must be enlarged enough to be seen across the courtroom, mounted on stiff backing, and displayed from an easel provided by the offering counsel. Both counsel and witnesses must be prepared to stand to the side of the chart or photograph and to use a pointer during the trial. C. At a time well in advance of the scheduled trial or hearing date,


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 8 - Court Records; Courthouse Facilities A. The Clerk of Court shall not permit any files or documents to be removed from the Clerk of Court's office without obtaining a receipt from any person removing any file or court record. The person removing the file or court record shall return it within twenty (20) days, and in any event, not later than two (2) business days prior to any scheduled Court activity. B. The records and files in abuse/neglect actions shall not be withdrawn, examined, or inspected by anyone except as allowed under MCA § 41-3-205. Youth court records shall not be withdrawn, examined or inspected by anyone except as allowed under MCA §§ 41-5-215 and -216. Adoption records may not be withdrawn, examined or inspected by anyone except pursuant to an order of the Court. C. No will, bond or undertaking shall be removed from the Clerk of Court's office under any circumstances, and neither shall a judgment be removed from the Clerk of Court's office before it is recorded. D. Counsel shall file all original documents with the Clerk of Court and shall mail copies to the presiding judge at his resident office. Counsel shall indicate on the certificate of service that copies were mailed to the judge as well as to all others to whom copies were sent. E. Counsel and other persons wishing to utilize the courtrooms, the jury room, or the law library for meetings, depositions, and video-conferencing shall contact the Clerk of Court to reserve the desired facility so as to avoid possible conflicts with Court matters or others who have already scheduled use of these courthouse facilities.

Rule 9 - Filings A. Counsel shall file all motions and briefs with the Clerk of Court. If a fee is required, such as with a motion for substitution of judge, counsel shall pay the required filing fee at the time of filing the motion. B. Upon the filing of a motion for leave to file an amended complaint or answer, a complaint in intervention, or any other pleading requiring the Court's leave, the moving party shall present the Clerk of Court with a copy of the proposed pleading. The Clerk of Court shall lodge the original document for which leave to file is sought. If the Court grants leave to file, the Clerk of Court shall file the original forthwith. C. Except as provided in UDCR 4, discovery documents may not be filed with the Clerk of Court without prior leave of Court. Upon receipt of a deposition pursuant to UDCR 4, after leave of Court has been granted, the Clerk of Court shall file it in the open file, unless otherwise ordered. In the event the Court orders filing of discovery documents, the Clerk of Court shall receive such documents, note them upon the register of the action, and place them in a separate Court file, with the file number noted. After final judgment and the running of the time for appeal, the Clerk of Court shall notify counsel to retrieve the filed discovery within thirty (30) days. If counsel fails to retrieve the discovery documents, the Clerk of Court may destroy them. D. When a demand for a jury trial is incorporated into a pleading, counsel is to so indicate in the title as well as the body of the pleading. E. Any papers filed which do not conform MRCP 10 and 11 may be stricken by the Court on its own initiative upon such terms as appear to the Court to be just. F. When a party obtains an order or arrest warrant from the Court, the party shall immediately present the order or warrant to the Clerk of Court for filing. G. When counsel wishes to have only one subpoena issued, he or she shall deliver one original subpoena and one copy of the subpoena

to the Clerk of Court for issuance. When counsel wishes to have more than one subpoena issued, he or she shall present one original subpoena for each person or entity to be served and one praecipe listing the name of each person or entity for whom or which a subpoena is to be issued. H. All briefs required by rule, regulation, or order to be filed by a date certain shall be filed by the required date. Any requests for an extension of time shall be filed and served prior to the due date. The Court may strike briefs not filed in a timely manner and impose other appropriate sanctions. I. Individual briefs shall not exceed twenty-five (25) pages in length, exclusive of indices and appendices, without prior leave of the Court. J. All filings shall begin on the eighth single-spaced line. Full justification may not be used. Margins shall be no less than one inch on all four sides. Point size shall be at least 12, and the only acceptable fonts shall be "Times New Roman" and "Courier". Except where the rules of citation allow otherwise, the text of all filings shall be double-spaced or one and one-half space. A page number shall not appear on page one. The title of each document shall not appear below the parties' names, but instead shall be formatted as provided by UDCR 1 and UDCR Form 1. K. Counsel shall ensure that any filing that is more than one page in length does not leave one page with a "dangling signature line," i.e., a page with only the date and/or a line for the judge's signature. L. Citations to authority must include photocopies of any cases cited which do not appear in Pacific Reporter or Montana Reports. M. All documents of fifteen (15) pages or more filed with the Clerk of Court shall be pre-punched at the top and stapled in order to facilitate filing. N. All proposed orders shall omit the submitting counsel's name and address from the top left-hand corner.

Rule 10 - Settlement Conferences and Pre-Trial A. All civil actions set for trial may be subject to a settlement conference upon order of the Court for cause shown. All criminal actions set for trial may be subject to a resolution conference as set by the Court. B. If the Court determines that a pre-trial conference is unnecessary in any cause, the Court will order the cause to be tried without a pre-trial order.

Rule 11 - Attorneys A. Unless appearing specifically on behalf of one counsel of record, no counsel may participate in any proceedings in the case until the counsel's name has been entered of record as one of counsel. B. In case of a dispute over a counsel's authority to represent a party in a pending proceeding, the Court will not recognize the right of that counsel to appear in such proceedings unless he or she has a written retainer signed by the party and filed in the record of the case. Alternatively, the Court will recognize the authority of counsel to appear on behalf of a party that has personally signed his or her own pleadings when no other counsel has ever appeared therein on the party's behalf. C. Counsel may not withdraw from any case, civil or criminal, except by consent of the client or by leave of Court after notice is served on the parties and opposing counsel. This provision shall be applied in conjunction with MCA §§ 37-61-403 through -405 and UDCR 10. D. Counsel shall not address a witness on the stand in any manner except to propound the question to which an answer is desired. Opposing counsel shall not address one another during a judicial proceeding except by permission of the Court. E. From one year after the time for appeal from any final judgment or decree in a civil matter has run, the presumption shall be that any party previously represented by counsel is no longer represented by such counsel in that particular matter. This rule shall not be construed to prohibit continued representation in such matter if the client and attorney agree. Neither is the rule intended to prohibit earlier termination of the attorney-client relationship upon notice.

Rule 12 - Attorney's Fees In all cases, contested or uncontested, where attorney's fees are requested in the pleadings, counsel shall submit competent evidence to the Court such that the Court might determine reasonable attorney fees for the services rendered. Not less than ten (10) days prior to the date of hearing for determination of attorney fees, the party seeking an award of attorney fees shall file and serve an affidavit itemizing the claim. Within five (5) business days thereafter, the opposing party shall file a

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counsel unfamiliar with the electronic evidence presentation system shall advise the Clerk of Court and shall make arrangements to come to the courthouse at a time convenient to the Clerk of Court and the Court to receive the necessary training on said equipment. D. Pursuant to the Montana 16th Judicial District Court of Custer County General Order 2002-3, counsel for Montana Legal Services and other qualified employees and legal interns with Montana Legal Services may and are authorized to represent clients and otherwise appear in all matters pending before the 16th Judicial District Court by video-conferencing. The Court retains the authority to require counsel or other qualified representative to personally appear in court concerning any specifically identified hearing, motion, conference, trial, or other matter associated with said cause. E. Other counsel or parties may appear by video-conferencing only with prior permission of the Court.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

motion for hearing thereon. Failure to file the motion is deemed a waiver of the right to a hearing on attorney fees. In a contested proceeding, receipt of evidence pertaining to attorney fees may be deferred until the final decision or order on the merits of the case has been issued.

Rule 13 - Photography, Television and Media A. Photographing, recording, televising, or otherwise broadcasting in the courtroom or the areas immediately adjacent thereto while Court is in session or during recesses between sessions are permitted only with prior notice to, and specific permission of, the presiding judge. B. All media personnel and media equipment shall remain stationary behind the bar so as not to disrupt the judicial proceedings. Media equipment operators shall not utilize flash devices, lighting equipment, large microphones, or other devices which could potentially disrupt the proceedings. C. Members of the jury shall not be photographed, and neither shall their images be televised in any manner. A witness's photograph or image shall not be used in any manner without his or her permission.

Rule 14 - Facsimile Filings A. Counsel may file any document with the Clerk of Court by facsimile if that document, pursuant to the Montana rules of procedure, may also be filed by mail. B. The date and time of receipt of the transmission by the Clerk of Court shall be the date and time of filing. If the original is not served on the same day as the facsimile transmission, service of the facsimile document must be made as provided in MRCP 5(e). The Clerk of Court shall not file any document that does not contain all required signatures and/or seals. C. The certificate of service for any document filed by facsimile must reflect that the document was filed with the Clerk of Court by facsimile and the date of such facsimile filing. Unless an order of Court is obtained extending the time, counsel's failure to deliver to the Clerk of Court the signed original within five (5) business days of the Clerk of Court's receipt of the facsimile copy shall cause the facsimile filing to be treated as void. D. The use of facsimile equipment does not change or delay the required payment of associated fees. Counsel filing any document via facsimile shall pay the required fees in the manner and within the time required by the Clerk of Court. Counsel shall also pay any costs associated with the use of facsimile equipment and telephone services.

Rule 15 - Adoption Matters In all adoption matters, the investigation required by MCA §§ 42-3201, 42-3-301, 42-4-106, 42-4-113, or 42-4-209, will be ordered by the Court unless excused by MCA §§ 42-3-212, 42-4-205(3), or 42-4-309. Counsel shall present to the Court an order for the investigation. The investigation will then be considered for waiver by the Department of Public Health and Human Services if the petitioner is a stepparent or a member of the child's extended family. Whenever the Court signs an order for such an investigation by the Department of Social and Rehabilitative Services, counsel shall mail or deliver a conformed copy of the petition for adoption and the order for investigation to the appropriate Department of Public Health and Human Services agency.

Rule 16 - Dissolution/Paternity Actions

A. At the time of or prior to the time fixed for hearing upon any application for temporary maintenance or child support, or other matters pendente lite, modification proceedings, or pre-trial hearings on contested domestic relations matters, each of the parties to a domestic relations action shall submit to the Court an affidavit in the form hereinafter set forth, including the questions hereinafter set forth and answers thereto: , being first duly sworn, deposes and says: That he/she is the petitioner/respondent in the above entitled action; that he/she has fully and fairly stated the facts of the case in order to verify the belief that he/she has a good and sufficient cause of action/defense, and that he/she makes the following statements of fact: (Here set forth information in the following manner and form.) 1. General Background Information. a. Name b. Address c. Date of birth d. Date of marriage and date of separation e. Employment and description of duties f. Pay period and amount of pay

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g. Itemized deductions each pay period h. Necessary monthly expenses showing portion attributable to a minor child or children i. Education j. Health k. Future employment plans with estimated income l. Assets with assigned value and basis of value m. Liabilities (1) Name and address of each creditor (2) Amount owing to each creditor and repayment schedule n. Statement of amounts received during marriage from inheritance, gifts, insurance proceeds, etc. 2. If the Spouse is seeking primary care of children, then include: a. Amount of child support requested b. Hospitalization and medical plan, including amounts not covered by insurance requested c. Details of visitation rights requested d. Calculations justifying child support per the child support guidelines 3. If the Spouse is not seeking primary care of children, then include: a. Amount of child support party is willing to pay b. Hospitalization and medical plan, including amounts not covered by insurance party is willing to pay c. Description of visitation rights requested d. Calculations justifying child support per the child support guidelines 4. Spouse seeking maintenance (omit if not asking for maintenance) a. Amount b. Duration c. Reasons 5. Spouse opposing maintenance (omit if not appropriate) a. Reasons b. Alternative to maintenance 6. Proposed property settlement with assigned values and liabilities (Indicate if proposed property settlement is in lieu of or in addition to maintenance in the appropriate case.) 7. Attorney fees and costs if requested from other party 8. If appropriate, include the following: a. Copies of federal and state income tax returns b. Financial Statements for the past three years c. Any reports that have been prepared by experts d. If expert witnesses are anticipated, set out summary of testimony e. Other witnesses - set out summary of testimony f. If legal issues are going to be presented to the Court, specify the issues g. Estimate the time required for formal hearing B. All parents shall satisfactorily complete the current parenting education program sanctioned by the 16th Judicial District Court. Prior to the final hearing, the issuance of a final decree for dissolution of marriage, or the issuance of a final parenting plan, each parent shall complete the Court-approved co-parenting education series and file certification of completion with the Court. C. In accord with MCA § 40-4-219, the court may amend a prior parenting plan if it determines that new or unknown facts have arisen which cause a change in the child's circumstances and an amendment is necessary to serve the child's best interests. A party seeking modification of an existing plan must file a proposed amended parenting plan together with the motion to amend. The party responding to the motion to amend must also file a proposed amended parenting plan with the response to the motion to amend. See MCA § 40-4-219(7). D. Unless the parties stipulate to an interim or amended parenting plan, the moving party must submit an affidavit setting forth facts supporting the proposed amendment. The opposing party then has an opportunity to present counter affidavits, and based on the affidavits, the Court will determine whether, based on the best interests of the child, "adequate cause for hearing" exists. If not, the Court denies the motion. If adequate cause does exist, the Court will issue an order to show cause requiring the parties to appear and show why the requested interim or amended parenting plan should not be granted. MCA § 40-4-220(1). E. The Court may only issue an interim parenting plan ex parte if it finds either: 1. No previous parenting plan has been ordered by the Court, and it is in the best interests of the child, or 2. Although a previous parenting plan has been ordered, an emer-


Note: contact the local District Court for any exhibits or forms referred to within these pages.

Rule 17 - Criminal Actions A. Defendants desiring Court-appointed counsel due to inability to pay for counsel shall file a sworn Financial Affidavit. The Court shall determine the eligibility of every defendant requesting Court-appointed counsel or a public defender in accordance with MCA § 46-8-111. The Financial Affidavit form is available from the county attorney's office, and in most cases, the defendant may be served with said form at the same time he or she is served with the charging documents . Other than those employed or contracted as public defenders, Court-appointed counsel representing indigent defendants shall be compensated at the rate not to exceed the current public defender rate. Larger expenses may be incurred only after Court-appointed counsel receives the Court's authorization. B. All "Just/Matt" notices or notices of intent to introduce evidence of prior acts or crimes must be brought to the attention of the Clerk of Court at the time the notices are filed. The Clerk of Court shall seal the notices and mark them as follows: (1) All notices to persistent offenders shall be marked as "Notice #1"; (2) All notices of confession shall be marked as "Notice #2"; and (3) All notices of other crimes to be introduced shall be marked as "Notice #3". C. After the defendant enters a plea of "not guilty", the Court shall set an omnibus hearing. Prior to the time set for omnibus hearing, counsel for the prosecution and defense shall meet privately and attempt to stipulate to the contents of the Court-approved omnibus form which shall be submitted for the Court's final approval prior to the date set for the omnibus hearing. D. Prior to the date of the omnibus hearing, the prosecutor and defense counsel must attempt plea negotiations. The omnibus check sheet shall include a declaration that the parties have discussed a possible plea agreement. E. Pursuant to MCA §§ 25-10-201(9), 46-8-113, 46-18-201(3), and 46-18-232, the Court may include the reasonable and necessary costs of defense and of prosecution in the judgment in criminal cases. F. Upon motion of a defendant who has successfully completed his or her deferred imposition of sentence, the Court may order that the action be dismissed. Evidence of successfully completing deferral requirements must be submitted to the Court along with a proposed order.

Rule 18 - Closing Estate with Foreign Personal Representative Upon completion of those probate matters in which a foreign personal representative is qualified under the provisions of MCA §§ 72-4-303 et seq., counsel or the foreign personal representative must file with the Court a Foreign Personal Representative's Sworn Statement to Close Estate. Effective December 16, 2003

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT RULES BLAINE, PHILLIPS AND VALLEY COUNTIES

(For Rules 1-14, see Montana Uniform District Court Rules) Rule 15 - Obtaining Court Order (a) Motion and Briefing Requirement. 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. All motions filed shall be briefed and deemed submitted pursuant to Rule 2, UDCR. (b) Document Title. 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). (c) Proposed Order. 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. 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. (d) Oral Arguments. Oral argument will be set on summary judgment motions unless waived by all parties. In civil cases, parties desiring oral argument on other motions must support the request with specific reasons. Oral argument is scheduled exclusively by the Judge or through the Court’s Administrative Assistant.

Rule 16 - Telefax Filing (a) Authorization. Any document which may be filed by mail can be submitted by telefax transmission using the following procedure. (b) Filing Procedure: 1. 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. 2. The date and time of Clerk of Court’s receipt of the telefax transmitted document shall be the date and time of filing. 3. Should the original of the telefaxed document not be served on the same day as transmittal, service of the telefax document must be made as provided in Rule 5, M.R.Civ.P. 4. The party telefaxing the document shall, on the date of the telefax transmission, mail the original of the document to the Clerk of Court by first class mail. Upon receipt and confirmation that the original is exactly the same as the telefax transmission, the Clerk shall file and attach the original to the telefax transmitted document. 5. The Certificate of Service must show that a telefax transmission was sent to the Clerk of Court and the date of such transmission. 6. Failure of the clerk to receive the signed original document in a timely fashion will be cause for an order to strike the telefaxed document and thereupon, it shall have no force or effect whatsoever. The party filing the telefaxed document shall be responsible to assure the original is timely received and filed by the Clerk. 7. Filing documents by telefax shall not change or delay payment of fees in the manner and within the time required by the Clerk of Court.

Rule 17 - Communications with the Court

(a) Ex Parte Communications. There will be no ex parte discussion with the Court of substantive issues involving pending or anticipated cases without the presence of or notice to all opposing parties, or without prior approval or stipulation of opposing parties. A violation of this rule may result in imposition of sanctions against the offending party or attorney. (b) Correspondence. The Court will not receive letters or other communication from parties or counsel which do not indicate on their face that copies have been sent to all opposing parties or counsel. Motions, not correspondence, are required under Rule 15, LDCR should parties seek court action. (c) Reminders to the Court. 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.

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gency situation exists in the child's current environment that endangers the child. MCA § 40-4-220(2). Note: UDCR 3 applies to this ex parte application. Opposing counsel, if any, should be notified of the time and place of the application, the Court should be notified whether opposing counsel objects, and the Court should be provided with sufficient copies of orders for service. F. Montana Code Annotated § 25-1-201 provides for a $120 filing fee for filing a contested petition (motion) for amendment of a final parenting plan. Pursuant to MCA § 40-4-219(7), a prior parenting plan means a parenting determination contained in a judicial decree or order made in a parenting proceeding. Therefore, a final custody decree or order qualifies as a "final parenting plan" in determining whether a new filing fee is payable. A motion to amend parenting plan (custody decree) is deemed contested unless both parties stipulate to the motion at the time it is made. G. After entry of an order for child support that is to be collected by Child Support Enforcement Division, counsel for the party to receive the child support shall give notice to Child Support Enforcement Division in accord with Montana law. H. When child support is ordered to be paid directly to the Office of the Clerk of Court, counsel for the party ordered to pay child support shall inform their client to include an additional $2.00 in each payment in order to cover the associated costs, including the check, ledger sheets, and postage. The proposed decree shall include in the final order the child support obligor's obligation to include the additional $2.00 in each child support payment. I. A completed Vital Statistics reporting form shall be presented to the Clerk of Court when filing the Final Decree of Dissolution.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 18 - Law and Motion (a) Day and Time. To conduct routine matters, reasonable effort will be made to schedule two law and motion dates monthly in each county as follows: 1. At Glasgow, Valley County: On the 1st and 3rd Monday of each month to commence at 9:00 o’clock A.M. 2. At Malta, Phillips County: On 2nd Monday and on Tuesday after 4th Monday of each month at 9:00 A.M. To accommodate handicapped access, any matter needing such access will be held in the Justice Court on first floor, Phillips County courthouse. 3. At Chinook, Blaine County: On Tuesday after 2nd Monday and on 4th Monday of each month at 9:00 A.M. 4. Should scheduled law and motion fall on an official holiday, it shall then be continued to the next business day. Should Monday be the holiday, the law and motion scheduled for the following Tuesday shall continue to Wednesday of that same week. 5. Scheduled law and motion may continue on any designated date at the discretion of the Court. Additional law and motion dates may be held in any county when, in the discretion of the Court, the business of the district so requires. (b) Routine Matters. “Routine matters” for purpose of law and motion shall include initial appearance, arraignment, judgment by consent or default, probate proceedings, uncontested ex parte matters, matters pertaining to questions of law only and any other matter reasonably anticipated to take less than 30 minutes to complete. Matters set for law and motion date which become contested are subject to postponement and rescheduling. (c) Calendar. Counsel or parties shall notify the Clerk of Court by noon on the preceding business day of matters to be placed on the law and motion calendar. Matters are placed on the calendar in the following order: Adoption; Probate; Default or Consent Dissolution; Youth Court; Criminal; Other youth matters; Other civil matters. Emergency matters may be presented to the court at any time upon adequate showing by moving party. Parties or counsel not prepared as their matter is called from the calendar will be moved to end of the calendar and be heard subject to available time. (d) Continuances. Matters scheduled for law and motion may be continued by the Court on its own initiative. Ex Parte requests to continue any matter set by Court order for law and motion must comply with Rule 3, UDCR. Counsel may withdraw from the law and motion calendar any matter placed thereon solely by reason of their prior notification to the Clerk of Court. (e) Contested Matters. Unless scheduled by the Judge, contested matters, matters involving questions of fact, or matters requiring more than 30 minutes for presentation shall be scheduled through the Court’s Administrative Assistant at (406) 654-1062.

Rule 19 - Scheduling and Pre-Trial (a) Scheduling Procedure. Rule 16(b), M.R.Civ.P. requires a scheduling order to be issued no more than 120 days after filing of complaint. 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. 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 Administrative Assistant at (406) 654-1062 to discuss a proposed scheduling order. Should this phone conference result in an agreed scheduling order, parties shall complete and present a written scheduling order in approved format for Court approval. Court approval of the submitted scheduling order shall vacate the scheduling conference. Should attorneys for the parties and all unrepresented parties stipulate to a waiver of discovery, an immediate trial scheduling conference may be held with the Court’s Administrative Assistant. Parties should be prepared at the scheduling conference with their calendars so a firm trial date can be set. Following the scheduling conference, a scheduling order with discovery deadlines and trial date will be issued by the Court. Under Rule 16(b), M.R.Civ.P., the following matters are exempt from this scheduling procedure: 1. Youth Court cases 2. Criminal actions 3. Probates 4. Adoptions

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5. Mental Commitment 6. Small Claims appeals 7. Abstract or Transcript of Judgment 8. Administrative appeals 9. Seizures and Forfeitures 10. Habeas Corpus and Post Conviction Relief 11. Name Changes 12. Abused or Neglected proceedings 13. Emancipation (b) Trial Settings. Trials shall be held throughout the year as scheduled. Trials may be stacked, i.e., more than one trial may be set for the same time, and if so, the Court shall determine the order of priority. Regardless of order, counsel and parties should be prepared to commence trial at the time scheduled. If preempted by another trial, the Court will reset trial and, whenever possible, to commence within the next thirty (30) days. Because of difficulty in obtaining jurors, jury trials will not be set in July, August and the last half of December except as found necessary. Reasonable effort will be made for initial trial settings to commence as follows: In Valley County: During week commencing with first monthly law and motion in Rule 18(a)(i), LDCR. In Phillips County: During week commencing with second monthly law and motion in Rule 18(a)(ii), LDCR. In Blaine County: During week commencing with first monthly law and motion in Rule 18(a)(iii), LDCR. (c) Six-Person Juries. Pursuant to § 3-15-106, MCA, in all civil actions where the relief sought in the complaint is under the sum of Ten Thousand Dollars ($10,000.00), the trial jury shall consist of six persons. The Court encourages parties to stipulate to six-person juries in other civil cases where appropriate. (d) Extension of Discovery Deadlines. Discovery deadlines are to be followed. 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. (e) Monitoring. The Court’s Administrative Assistant will monitor deadlines established by scheduling order(s). Failure to diligently respond to monitoring inquiry may result in sanctions, including removal from the trial calendar or loss of trial priority status. (f) Final Pretrial Conference. A date and time for the Final Pretrial Conference (FPC) under Rule 5, UDCR will be set at the scheduling conference. Each party represented by counsel will have an attorney present at the FPC with authority to make stipulations and admissions. Counsel should inform the Court at the FPC of health conditions or other special needs of counsel, a party or witness that will likely need attention during trial. (g) Sanctions. Sanctions for violating the Court’s scheduling order or pretrial conference agenda may be imposed under Rule 16(f), M.R.Civ.P. (h) Postponement of Trials. 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. 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.

Rule 20 - Security

(a) Weapons. Only on-duty law enforcement officers or court security personnel shall be entitled to bring or carry firearms or other weapons in the courtroom, chambers or offices of other court personnel. (b) Search. Anyone wishing to enter the courtroom may be subject to metal detector security check or required to submit to a search of his or her person or belongings by law enforcement or other court security personnel.

Rule 21 - Alternate Dispute Resolution

(a) Mediation. Parties, at their cost, may voluntarily retain a private individual for mediation of their case. In such case, mediation shall be a confidential meeting between the parties and the mediator to seek and promote communication between the parties with a view toward reaching a settlement agreement. Parties may agree to attend mediation without


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Note: contact the local District Court for any exhibits or forms referred to within these pages. thetical situation based upon expected evidence or otherwise. counsel. Any agreement reached in mediation shall be promptly reduced (e) Examination. Only one attorney for each party shall examine or to writing and upon execution by parties, a written status report shall be cross-examine the same witness. On cross-examination of any witness filed with the Court. or direct examination of a hostile witness, counsel shall not approach the (b) Settlement Conference. In all civil cases, the court may require witness without first obtaining permission of the court. Counsel shall not at any time a settlement conference before an appointed settlement judge obstruct jury view of the witness. or master. Any party may move the Court to order a settlement confer (f) Discharge of Witness. A party having a witness subpoenaed in ence with an appointed settlement judge or master. At the discretion a civil case may discharge the witness by motion made in open court. If of the Court, trial may be postponed or not set until after a settlement an opposing party desires the witness to remain, such party must procure conference. the witness’s further attendance by subpoena or order of the Court and 1. Settlement Judge or Master. The settlement judge will be either shall thereafter be responsible to the witness for fees. a current or retired state District Court Judge. The settlement master (g) Character or Parenting Witnesses. No more than three (3) may be any person qualified under Rule 53, M.R.Civ.P. witnesses for each party will be permitted to testify as to the character 2. Settlement Conference Defined. A settlementconference is a of a person or parenting practices and abilities without an order of Court confidential meeting between the parties, attorneys and the settlement authorizing additional witnesses. judge/master with a view toward negotiating a settlement. Each party (h) Final Arguments. Each party is limited to one (1) hour for final will submit to the settlement judge/master a confidential settlement stateargument, without prior leave of the Court. Plaintiff must allocate more ment containing a summary of their case and description of strengths time to the opening portion of Plaintiff’s final argument. and weaknesses on each side. The parties and their attorneys must be (i) Jury Instructions. To provide impartial copies for submission present unless excused by the settlement judge/master. to the jury, parties must be prepared to offer an unbound copy of ap 3. Sanctions. Failure of a party or counsel to participate in a Courtproved jury instructions absent of citation of authority, offered party and ordered settlement conference may result in sanctions such as imposition consecutive numbering required under Rules 7(b) & (c), UDCR. Parties of costs and attorney’s fees incurred by opposing party in preparation for should inquire of the Court at the final pretrial conference of any stock settlement conference. instructions which need not be duplicated. 4. Confidential. No person present at a settlement conference Rule 23 - Decorum shall be subject to examination concerning statements made by any other person at the settlement conference. Parties cannot subpoena or (a) Opening Announcement. When the Clerk first convenes in the otherwise require the appointed settlement judge/master to testify regardmorning and after any recess, the Court Clerk or Bailiff shall announce ing his opinions or other matters expressed at the settlement conference. the opening of Court, and all persons in attendance in the courtroom 5. Attendance of Insurance Claims Persons. In all cases where shall rise until the Court has taken the bench. pertinent, claims representative(s) from insurance companies, with (b) Court Reporter. Unless the presence is waived by parties and requisite settlement authority, shall be required to attend the settlement the Court, a court reporter will be on duty in the courtroom at all times conference in person or by speaker phone. Upon good cause shown, the Court is in session. the Court may require personal appearance. (c) Dress. All counsel appearing before the Court shall be dressed 6. Fees. Fees charged by a settlement judge/ master may be imin appropriate business attire. posed upon parties in discretion of the Court. (d) Conduct. During any contested hearing, the Court may refuse (c) Settlement Documents. If a case is settled by settlement conferto entertain any argument, motion or other comment to the Court, other ence or other method before the trial date without documentation, parties than formal objection, unless the counsel or party making the same first shall forthwith inform the Court in person or by conference call and a arises in his place to address the Court. minute entry will be made vacating trial as the case has been settled. (e) Photography and Media. Broadcasting, televising, recording, Once of record, the agreement is binding and enforceable. Within thirty or taking photographs in the courtroom and areas immediately adjacent (30) days, settlement documents must be prepared and filed. thereto during sessions of court, or recesses between sessions, shall be (d) Sealing Confidential Information. The court reserves the right allowed only with prior notice to, and specific permission of, the presiding to deny a request to seal sensitive information as part of a settlement, if judge. All equipment used and persons using it shall remain behind the disclosure of the information is in the public interest. bar. No flash lights, or other lighting equipment, or large microphones shall be used. Photographers, television cameras, and other recording Rule 22 - Trial Practice devices, when allowed, shall remain stationary, and shall be used so as (a) Exhibits. Counsel shall make reasonable effort to pre-label all to not disrupt the proceedings. No photographs of or televising of the exhibits to be used at a trial. In marking trial exhibits, plaintiff shall use members of a jury shall be permitted. letters and defendants shall use numbers. Multiple defendants should use (f) Removal. Parties or other persons in the courtroom while the a different initial before numbering of each exhibit. (Eg., Defendant Robin Court is in session shall be subject to removal for behavior or actions would use R-1, R-2, etc.). Copies of all standard-size exhibits shall be considered disruptive or threatening. made in advance for the judge and opposing counsel. No exhibits shall Rule 24 - Marital Dissolution Cases be used in opening statement without prior Court approval. Exhibits will be disposed under Rule 12 U.D.C.R. upon final disposition of the case. (a) Child Support Guidelines. As long as application of uniform child (b) Timing of Objections. Objections must be made after the quessupport guidelines is required under § 40-4-204, M.C.A., a guidelines tion has been asked and before the witness has answered. It is objecting worksheet and financial affidavit(s), in accepted form, must be completed. counsel’s responsibility to stop the witness so the objection can be made. In noncontested cases, these documents must be filed as required by § All counsel shall prepare their witnesses to refrain from answering when 46.30.1515 A.R.M. In contested cases, these documents must be offered an objection is made. into evidence as exhibits. (c) Manner of Objections. Unless apparent, counsel must state suc (b) Support Variance. A party seeking variance from the support cinctly the specific grounds for objection. All objections will be addressed guidelines or withholding requirements must furnish written proposed to the Court. Argument may be made only upon request or approval of findings addressing their contention the variance is supported by clear the Court. and convincing evidence. (d) Voir Dire. Voir dire examination shall not exceed one (1) hour per (c) Notice to Child Support Enforcement Division. Any petition side without prior leave of Court. Only one attorney for each party may filed to commence proceedings involving modification of child support conduct voir dire. In the exercise of discretion, the Court may preclude shall include a statement whether requesting party has knowledge of the counsel on voir dire from: child(ren) receiving or applying for public assistance and if so, petitioner 1. Asking questions of an individual juror that can be asked collecshall immediately notify Montana’s Child Support Enforcement Division tively; in writing of the pending action and file proof of such notice with the Clerk 2. Asking questions covered by and answered in the juror questionof Court. naire; (d) Custody and Visitation. On February 29, 1996, the 17th Judicial 3. Repeating questions asked and answered; District Bar Association adopted Child Visitation Guidelines. Copies of 4. Using voir dire to instruct jury on the law; these guidelines will be available for copy cost through the Clerk of Court. 5. Using voir dire to argue the case; or At or before the time for hearing in cases where custody and/or visitation 6. Asking a juror what his or her verdict might be under any hypois contested, the moving parent(s) shall acknowledge they have read and considered these guidelines.

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

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Rule 25 - Criminal Actions (a) Financial Disclosure by Indigent. Defendants desiring courtappointed 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. Copies of filed Financial Disclosure Application shall be provided by the Clerk to appointed counsel. (b) Public Defenders/Court Appointed Counsel. 1. Appointment. Upon determination of entitlement under § 468-101, MCA, counsel will be appointed to represent a defendant in the following priority: the public defender contracted for by the county; attorneys informing the Clerk of a willingness to accept appointment; other Montana attorneys. 2. Compensation. Other than the public defender who is compensated by contract, court-appointed attorneys in criminal actions shall be compensated at a rate not to exceed Sixty Dollars ($60.00) per hour. Expenses reasonably incurred in representation shall also be reimbursed; provided expenses shall not exceed state accepted rates and expenses shall not exceed Three Hundred Dollars ($300.00) in aggregate without Court approval. 3. Presentence Report (PSI). In order to determine a defendant’s ability to reimburse costs of his or her defense counsel, the public defender/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 presentence report. (c) Bail. 1. Initial Bail Request. 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. 2. Bail From Lower Courts. Whenever bail has been furnished to a Justice or City court and the cause is transferred to District Court, the County Attorney shall assure bail is delivered by the Justice or City court to the Clerk of Court by the initial appearance. If cash bail is furnished, the transfer to District Court shall identify the person or party who actually posted the cash bail. (d) Arraignment. 1. Acknowledgement of Rights. 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. 2. Court entered “Not Guilty” Plea. A defendant unwilling to enter a plea at the time of arraignment is subject to the Court entering a “not guilty” plea. In such event, defendant, on request, will be allowed to reserve for a reasonable time the right to move against the charging document(s) and to file motions and assert all defenses to which he/she may be entitled. (e) Omnibus Hearing. 1. Setting. Following plea of “not guilty,” the court will set the Omnibus Hearing described in § 46-13-110, MCA usually within 45 to 60 days. An Omnibus Hearing can be conducted by telephone conference call upon approval of the Court. 2. Discovery. Unless motion is previously filed seeking protection, the prosecution shall make disclosure under § 46-15-322(1)-(4), MCA within twenty (20) days of Defendant’s request. Defendant’s failure to make request before the Omnibus Hearing can be grounds for attributing trial delay to Defendant. Defendant shall comply with disclosure deadlines under § 46-15-323, MCA or seek extension as allowed thereunder. 3. Conduct of Hearing and 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. 4. Motions. Counsel must be prepared to discuss those matters, requests or motions described on the court approved Omnibus Hearing

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Memorandum form at the Omnibus Hearing. 5. Waiver. 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. 6. Mental Competency Issues. Upon motions under § 46-14-202, MCA requesting examination, defendant’s counsel shall be prepared to identify the name and business address of a qualified professional sought to conduct the examination and to discuss the availability of this professional to do the examination. Should examination be ordered upon defendant’s motion, defense counsel shall be responsible to assure a report of examination under § 46-14-206, MCA is timely filed. (f) Plea Agreement. 1. Plea Discussions. No defendant is required to discuss a plea agreement. The Court may summarily reject all plea agreements not presented at least two (2) weeks prior to the scheduled trial. 2. Written Plea Agreements. Plea agreements under § 46-12-211, MCA must be reduced to writing, signed by counsel and the defendant, and entered into evidence. 3. Alford Pleas. 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. 4. Effect on Trial Setting. At its discretion, the Court may refuse to vacate a trial setting by reason of a plea agreement until after defendant has appeared and entered a plea found acceptable to the Court. (g) Presentence Investigation. 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. 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. Prior to sentencing, defense counsel shall review the filed PSI with defendant. (h) Presence of Sheriff’s Department. Unless excused by the Court, an officer of the sheriff’s department shall be present during sentencing. The prosecution shall inform the sheriff’s department of the dates and times of all sentence hearings. Rule 26 - Youth in Need of Care (a) Temporary Investigative Authority (TIA). An order of temporary investigative authority and protective services issued under § 41-3-403, MCA shall not extend beyond 180 days, unless request for extension is granted. The action is subject to dismissal unless the person or party filing the petition brings the matter for adjudicatory hearing under § 413-404, MCA within the time period, as extended, for TIA and protective services. (b) Treatment Plan Warning. Any treatment plan as described in § 4-3-603(3), MCA must contain the following warning: “Under Montana law, parental rights may be terminated if the treatment plan is unsuccessful or the parents do not comply with it, and their condition or conduct renders them unfit and unlikely to change within a reasonable amount of time. Parental rights may also be terminated if the child has been in a foster home for one year and the parents do not complete the treatment plan because of substantial neglect or willful refusal. Parental rights can also be terminated if the child has been in a foster home for two years, the parents do not complete the treatment plan and there is substantial likelihood the parents will not be capable of resuming proper parenting.”

Rule 27 - Confidential Criminal Justice Information A copy of any petition for the release of confidential confidential criminal justice information under §§ 44-5-111 and 44-5-303, M.C.A., shall be served by petitioning party upon each agency maintaining such information. 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. A hearing may be held at the Court’s discretion. Following in camera inspection, should dissemination of confidential criminal justice information be allowed, the information shall be returned to the requested agency for dissemination on conditions contained in the order of dissemination. Dissemination shall be subject to copying costs paid in advance to the requested agency.


Note: contact the local District Court for any exhibits or forms referred to within these pages.

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. Upon discharge of or confirmation of a bankruptcy reorganization plan superseding any claim made in this Court, notice thereof shall be filed and upon such filing, a party may request and obtain dismissal of the claim.

Rule 29 - Appeals from Justice or City Court

(a) Scheduling. When an appeal from Justice or City court, being civil or criminal, has been filed and the record received by the Clerk of Court, the Clerk shall send out by regular mail to parties a minute entry setting the matter for a scheduling appearance at next scheduled law and motion date not less than ten (10) days from the date of the minute entry. This provision does not apply to appeals on the record from Small Claims Court. (b) Failure to Appear. In any appeal from a justice or city court, if one of the parties does not appear for scheduling, the court may dispose of the matter as the ends of justice dictate, including issuance of order dismissing the appeal.

Rule 30 - Removal to Small Claims Court All actions for recovery of money or specific personal property where the amount in controversy does not exceed Three Thousand Dollars ($3,000.00) shall be subject to removal to Small Claims court pursuant to § 3-10-1004, MCA.

Rule 31 - Closure of Estates

The Clerk of Court shall notify the Judge of all estate matters that remain pending two (2) years after appointment of the personal representative. The Court may thereupon order the personal representative and attorney to appear and show cause under § 72-3-1015, MCA, why the estate has not been closed.

Rule 32 - Debtor Examinations Unless a debtor examination request includes specific request for other designation, the Clerk of Court is designated as referee for any examination of judgment debtors under § 25-14-101, MCA.

Rule 33 - Conservatorships (a) Insurance Settlement. In the event of a settlement for a minor or disabled person, the insurance company, through counsel, may not represent the plaintiff for conservatorship purposes. (b) Annual Accounting. 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. (c) Borrowing by Conservator. All orders must provide that the conservator shall not borrow monies from the estate without prior Court approval. (d) Bond or Certificate of Deposit. 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 in invested in a certificate of deposit in a local bank and fully insured by FDIC. 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. (e) Waiver of annual accounting. In the event of Certificate of Deposit as contained in the immediately preceding local rule, there is no annual accounting required.

Rule 34 - Law Library A law library is maintained in each of the three counties of the 17th Judicial District. The library will be open to the general public during the business day upon request made of the Clerk of Court. Only attorneys maintaining an office practice within the county where the library is located can remove books or materials from the library upon first informing the

local Clerk of Court. All books or materials removed shall be promptly returned upon request of the Court or Clerk. Use of the library during other than regular business hours shall be only by permission of the Judge, and access shall be at the discretion of the local Sheriff’s department. Abuse to the law library or violation of these rules of law library use can subject the user to a permanent ban from use of the law library.

Rule 35 - Amendment--Relief

(a) Amendment. Amendments to these rules may be made from time to time by Court Order filed with the Clerks of Court for each county within the 17th Judicial District. (b) Relief. If counsel believe in good faith they have a situation which is not covered adequately by these rules, or need relief from the application of these local rules, counsel may, upon application, present such matters to the court for its consideration. Adopted May 29, 1997; Effective July 1, 1997

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Rule 28 - Bankruptcy

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Note: contact the local District Court for any exhibits or forms referred to within these pages.

MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT RULES GALLATIN COUNTY

Rule 1 - Application of Rules These rules apply to all cases filed in the Eighteenth Judicial District. These rules supplement the Montana Rules of Civil Procedure and the Montana Uniform District Court Rules. All prior rules issued by the Eighteenth Judicial District Court are rescinded and these rules apply. If an order setting a requirement or restriction imposed by the court in a particular case conflicts with these rules, the court’s order supersedes these rules. The Montana Uniform Municipal Court Rules of Appeal to District Court apply to appeals from the Bozeman Municipal Court to the District Court. Unless otherwise specified in these rules or in a statute, each of these rules applies to both civil and criminal cases.

Rule 2 - Departments of the District Court The District Court of the Eighteenth Judicial District of the State of Montana is divided into three departments: Department No. 1 - presided over by Judge Holly Brown Department No. 2 - presided over by Judge Mike Salvagni Department No. 3 - presided over by Judge John C. Brown

Rule 3 - Chief Judge and Meetings. There is a chief judge. The position of chief judge is assumed for a calendar year by each presiding judge in the year set forth below and continuing in the same order thereafter: Department No. 1 - 2011 Department No. 2 - 2009 Department No. 3 - 2010 The duties of the chief judge shall be to provide for the efficient management of the district court business, in cooperation with the other judges of the district. The judges shall meet at a regular time and place designated by the chief judge and at such other times as they shall agree. All three judges shall serve simultaneously as Youth Court Judges. The Chief Judge shall serve as Chief Youth Court Judge.

Rule 4 - Designation of Cases

All matters filed in each docket shall be allocated among the three departments in random selection. Depending upon the department in which the case is filed, the case designation shall end with the letter "A", "B" or "C". Cases assigned to Department No. 1 are designated by last letter "A"; cases assigned to Department No. 2 are designated by last letter "B"; and cases assigned to Department No. 3 are designated by last letter "C". If jurisdiction over the case passes to another judge the case remains assigned to the original department but the case number will end with an "X" (i.e., DV-05- 59AX). Pursuant to Section 3-1-308, MCA, the first district judge substituted or disqualified shall call in all subsequent judges by first attempting to call in another judge of the Eighteenth Judicial District prior to calling in a judge from another district.

Rule 5 - Division of Business A. The general business of the departments will be scheduled as follows: Department No. 1: Criminal law and motion: Tuesdays at 8:30 a.m. Uncontested civil and probate matters: As scheduled by the Court. DN cases: 2nd Friday of the month and as scheduled by the Court. Criminal trial months: February, May, August, and November. Criminal omnibus hearings: 3rd Tuesday of the month at 1:30 p.m.

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Department No. 2: Criminal law and motion: Mondays at 1:30 p.m. Uncontested civil and probate matters: As scheduled by the Court DN cases: 1st Friday of the month and as scheduled by the Court. Criminal trials months: January, April, July, and October. Criminal omnibus hearings: 2nd Monday of the month at 9:00 a.m. Department No. 3: Criminal law and motion: Wednesdays at 8:30 a.m. Uncontested civil and probate matters: As scheduled by the Court. DN cases: 3rd Friday of the month and as scheduled by the Court. Criminal trial months: March, June, September, and December Criminal omnibus hearings: 4th Wednesday of the month at 1:30 p.m. B. If a criminal omnibus hearing day falls on a holiday or conflicts with the Court calendar, the judge may schedule it for another day, which will not conflict with the other departments. C. If a defendant in custody needs to be seen by a judge earlier than the regularly scheduled criminal law and motion day for the judge having jurisdiction, the County Attorney, Defense Attorney or Pre trial Services may arrange to have the defendant seen at another time in that or in another department, as approved by the court. D. A judge may set civil trials and hearings on civil and criminal mo tions at such times as the judge’s calendar permits. The judge may take into consideration potential scheduling conflicts for the parties in the cases.

Rule 6 - Pleadings/Briefs A. Length 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 ca