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Ravalli County - Montana

21st Judicial District Court Rules of Practice

These rules supplement the Montana Rules of Civil Procedure, the Uniform District Court Rules, and appropriate statutory and case law.

Rule 01. ASSIGNMENT OF CASES

A.  The District Court of the Twenty-First Judicial District has assumed full jurisdiction of all cases on file with the Fourth Judicial District in Ravalli County as of January 4, 1993, 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.

B.  The District Court of the Twenty-First Judicial District is divided into two departments: Department No. 1 presided over by Judge Jeffrey H. Langton; Department No. 2 presided over by Judge James A. Haynes. Pursuant to Uniform District Court Rule 14, the Honorable Jeffrey H. Langton is hereby designated Chief District Judge of the Twenty-First Judicial District, and shall hold this position in all odd-numbered years, commencing with calendar year 2003. The Honorable James A. Haynes shall hold the position of Chief District Judge in all even-numbered years, commencing in calendar year 2004.

C.   Pursuant to Section 41-5-201 M.C.A., both district court judges are designated to act as youth court judges in the Twenty-First Judicial District, from year to year.

D.  All matters filed in District Court shall be allocated between the two departments in random numerical rotation. The Clerk of District Court shall designate the assigned department on the first page of each filed document. Trials and hearings in contested matters shall be before the judge of the department in which the action is filed. Cases which are linked by common proof and/or parties may be reassigned between departments, upon concurrence of both judges.

E.   Subject to the foregoing provisions of this Rule, work in the 21 st Judicial District shall be interchangeable between the Judges thereof during the absence or disability of either of them or upon the request of either Judge. During the absence of either 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.

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Rule 02. LAW AND MOTION

A.  Wednesday. The Court designates Wednesday of each week as law and motion day for Department No. 1. Court shall convene on law and motion day at 9:00 a.m. for criminal matters, at 1:30 p.m. for adoptions and uncontested civil matters, and at 2:30 p.m. for youth court and child abuse and neglect cases. When law and motion day falls on an official holiday the law and motion calendar shall be automatically continued to the next law and motion day absent a Court order setting it for a different date.

B.  Thursday.  The Court designates Thursday of each week as law and motion day for Department No. 2. Court shall convene on law and motion day at 9:00 a.m. for criminal matters, at 1:30 p.m. for adoptions and uncontested civil matters, and at 2:30 p.m. for youth court and child abuse and neglect cases. When law and motion day falls on an official holiday the law and motion calendar shall be automatically continued to the next law and motion day absent a Court order setting it for a different date.

C.  Uncontested Matters. All uncontested 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 without need for Court approval. Contested matters involving questions of fact will not be heard on law and motion day without express approval of the presiding Court, but will be set as to day and time by order of Court as provided in Rule 3 hereof.

D.  Open Court.  All matters presented to the Court shall be heard in open court, except for adoption hearings (Section 42-6-101, MCA), hearings and trials under the Uniform Parentage Act (Sections 40-6-111 and 40-6-120, MCA), child abuse and neglect cases (Section 41-3-205, MCA), ex parte matters, and those other matters required to be closed to the general public by law or allowed to be closed where the interests of justice require closure.

E. Calendar Preparation. Counsel shall notify the Clerk of Court by 9:00 a.m. each Tuesday of matters to be placed on the law and motion calendar. 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; 1:30 p.m.: Adoption, Probate and miscellaneous Civil matters; 2:30 p.m.: Abuse and Neglect cases and Youth Court matters. Prior to 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 chambers of the presiding Judge. The weekly calendar shall be posted for public information on the morning of each law and motion day prior to opening of Court.

F. Contested Matters. Any matter set for the Law and Motion calendar which proves to be contested is subject to postponement to be set on the contested calendar.

G.  Document Preparation.  No matter may be set for law and motion day until the motion or other documentation and all relevant supporting documents have been filed with the Clerk. A proposed order, decree, or judgment shall be presented to the Court at or before the time the matter is to be heard.

H. Ex Parte Matters. Emergency, nontestimonial or self-evident documents requiring the Court’s attention may be mailed to or left with the Clerk of Court for the Court 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.

I.  MinuteEntries.  The Clerk of District Court shall cause minute entries on all law and motion matters to be prepared, filed and served on counsel within two business days of the date any case is heard.

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Rule 03. MOTIONS, BRIEFS, AND HEARINGS

A.  Motion Procedure.   All motions filed in the Twenty-First Judicial District shall be disposed of pursuant to Rule 2 of the Uniform District Court Rules except for uncontested motions or matters which do not allow for a standard briefing schedule. Each motion shall state in the body thereof that opposing counsel have been contacted and whether the motion is contested or not. When all briefs have been filed, or the time for filing of briefs has expired, either party may file a ANotice of Issue with the Court indicating the status of the matter and whether the party wishes to make oral argument or have the motion deemed submitted.

B.  Oral Arguments.   When counsel desire oral argument on a motion, other than a motion under Rules 52, 56, 59, and 60 of the Montana Rules of Civil Procedure, in which oral arguments shall be deemed mandatory unless waived in writing by all parties and filed with the Court, counsel shall state with their Notice of Issue their reasons in support of the need for oral argument and why they are unable to fully and satisfactorily articulate their position in a brief. Oral argument will only be set by Court order at the Court’s discretion.

(1)Counsel shall include with their Notice of Issue a proposed order granting oral argument if such is desired. 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 the duty to schedule such argument with the District Court Administrator. The Court will thereupon notify all counsel by minute entry of the date and time of the hearing.

(2) 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 with the District Court Administrator who shall thereupon schedule the same by minute entry.

C. Scheduling of Contested Motions. Time settings for hearing on contested motions will be obtained exclusively from the District Court Administrator.

D. 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 notice to all adverse parties. All such motions to continue must be submitted in writing, noting that opposing counsel has been notified of the request and whether they agree to or oppose the continuance, and must be accompanied by an appropriate formal order for the Court ’s approval.

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Rule 04. ORDERS, JUDGMENTS, OR DECREES

A.   It shall be the duty of counsel obtaining any unopposed civil order, judgment, or decree, to present the same in written form to the Clerk of Court for the signature of the Court at the time of applying for the order, judgment, or decree.

B.  Two (2) copies of any order to show cause, temporary restraining order, arrest warrant, orders of apprehension, or like orders shall be presented to the Court for signature, both shall be signed by the Court as original orders. One shall be retained as part of the court files, and the other used for the purpose of making service.

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Rule 05. SERVICE OF PROCESS AND PAPERS

No documents for which proof of service is required by Rule 5, Montana Rules of Civil Procedure, shall be filed with the Clerk of Court without the required proof of service and no action shall be taken on any such documents for which no proof of service has been filed.

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Rule 06. SCHEDULING ORDERS

A.  Time of Issuance. When a case is at issue, but in no event more than 120 days after the filing of a civil complaint or dissolution petition, the Court shall request counsel to submit a proposed discovery and scheduling order. Counsel may stipulate to a waiver of discovery and request an immediate settlement conference or a preliminary pre-trial conference.

B. Exemptions.  Pursuant to Rule 16(b) of the Montana Rules of Civil Procedure, the following matters are exempt from the scheduling procedure required by this rule:

Discovery in the above matters shall proceed according to orders issued in each case.

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Rule 07. PRE-TRIAL CONFERENCES

A date certain for preliminary and final pre-trial conferences with the Court shall be set in a trial preparation order following receipt of the settlement master report described in Rule 11 hereof.

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Rule 08. COMMUNICATIONS WITH THE COURT

A. Communications. The Court will not act on letters or other communication from counsel or parties which do not indicate on their face that copies have been sent to opposing counsel/parties.

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.

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 ninety (90) 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.

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Rule 09. COURT RECORDS

A. File Checkout Privilege. The Clerk of Court shall not permit any non-confidential case files or documents to be removed from her office without prior order of the court, except that civil files and probate files may be withdrawn for not to exceed ten (10) calendar days and criminal files and water right decree files may be withdrawn for not to exceed one (1) day only by licensed attorneys in good standing or licensed title examiners residing in Ravalli County. The Clerk must obtain a receipt from any party removing any file or court record. All such files shall be promptly returned upon request of the Court. The Court reserves the right to suspend check-out privileges for any individual or firm that, in the judgment of the Court, abuses its privileges.

B. Files Which May Not Be Checked Out. The records and files in dependent/neglect cases, adoption actions and other sealed files shall not be withdrawn, examined, or inspected by the general public, except upon order of the Court. 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 taken from the Clerk ’s office under any circumstances, and no judgment before it is filed by the Clerk of Court.

D. File Access by the Court and Court Staff. Any other provision of this rule notwithstanding, the District Judge and each member of his staff shall have immediate access to all District court files at all times including weekends and non-business hours and for this purpose he shall be provided with as many keys to any rooms and file cabinets containing all such files by the Clerk of District Court as the Judge may require.

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Rule 10. FILINGS

A. Filing Fees.  All pleadings, motions, and briefs shall be filed with the Clerk of District Court. The Clerk shall not accept or file any document required to be accompanied by a filing fee unless the fee is paid therewith or unless the Court has approved a fee waiver in writing. No fee waivers shall be approved for parties represented by a privately retained attorney unless the attorney is acting in a pro bono capacity.

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 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 shall file the original forthwith.

C.  Discovery. Pursuant to Uniform District Court Rule 4, no discovery documents shall be filed with the Clerk of Court without prior leave of the Court. Upon receipt of a deposition, the Clerk shall mark it received and place it in the court records. The Court encourages the use of condensed form depositions to save filing space and promote ease of handling.

D. Jury Demands.  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.  Striking Pleadings.  Any papers filed which do not conform to Rule 10 or Rule 11 of the Montana Rules of Civil Procedure, or Rule 1, Uniform District Court Rules may be stricken by the Court, on its own initiative, upon such terms as to the Court may appear just.

F.  Orders.  When any written order or judgment is executed by the Judge, it must immediately thereafter be presented to the Clerk for filing.

G.  Brief Deadlines.  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.

H.  Length of Briefs.  No individual brief shall exceed twenty (20) pages in length, exclusive of indexes and appendices, without prior leave of the Court.

I. Citations in Briefs. Briefs containing citations of authority must be accompanied by complete copies of all cases referred to therein which are not found in the Montana Reports. Copies may be photocopies or printouts from online or other research sources and must contain official reporter page numbers.

J. Clerk’s Authority. The Court hereby authorizes the Clerk of this Court to refuse any filing not in conformity with the Montana Rules of Civil Procedure, Uniform District Court Rules, or these Rules.

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Rule 11. SETTLEMENT CONFERENCES

A. Settlement Conference Required. In each civil case subject to a scheduling order pursuant to Local Rule 6, there will be a master-supervised settlement conference, the holding of which will be required before a case may be set for trial. The settlement conference shall be addressed in the scheduling order prepared and issued in accordance with Rule 6 of the Local Rules. The purposes of such conferences are to

The District Court Administrator shall maintain a list of Court-approved Settlement Masters for use in cases where the parties are unable to agree upon a Settlement Master.

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. The Court shall issue a separate order confirming the appointment of the Settlement Master providing for their compensation and procedures to be followed at the Settlement Conference. 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 with full settlement authority 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.

C. Report of the Settlement Master. Within five (5) days of the completion of the master-supervised Settlement Conference, the Settlement Master shall submit, on a form provided by the Court, 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:

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.

E. Trial Preparation Order. The Court shall issue a Jury Trial Preparation Order in cases not settled by the date of filing of the Settlement Master Report. Said Order shall set the matter for pretrial conferences and trial and provide for filing of jury instructions, and the pretrial order or proposed findings of fact and conclusions of law as the case may require.

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Rule 12. TRIALS

A. Trial Settings. Non-jury and jury trials shall be scheduled by the District Court Administrator throughout the year as time is available.

B. Jury Instructions. Proposed instructions to the jury in a civil action shall be presented to the Court and served upon each adverse party at the preliminary pre-trial conference. 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, 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 2-inch computer disk compatible with IBM PC WordPerfect 6.0 or higher (formatted) containing the proposed jury instructions and verdict form accompany the instructions. The disk should be labeled accordingly and will be returned after the trial.

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Rule 13. 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. Conducted by One Attorney Per Party. Only one attorney for each party shall be allowed to question the prospective jurors on voir dire.

C. Scope of Questioning. 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:

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Rule 14. ATTORNEYS

A. Attorneys of Record. Unless appearing specially on behalf of one of the attorneys of record, no attorney, unless the attorney ’s firm appears on the pleadings in the case, may participate in any proceedings in the case until the attorney ’s firm name has been entered of record as counsel 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 proceeding 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. Withdrawal by Attorney. Except as provided in Rule 14F 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 Sections 37-61-403 through 37-61-405, MCA, and Uniform District Court Rule 10.

D. Addressing Witnesses and Attorneys. 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 hearing except by permission of the Court.

E. 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 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. 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.

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Rule 15. EXHIBITS

A. Custody. 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 Uniform District Court Rule 12 upon final disposition of each case.

B. Labeling. Counsel shall pre-label their proposed exhibits with standard exhibit labels pursuant to the trial preparation order issued by the Court.

C. Mounted Exhibits. Counsel shall mount exhibits in such a fashion that they may be dismounted for folding, rolling, storage and/or shipping if necessary.

D. Oversize Exhibits. Letter size copies of oversize exhibits are encouraged for use by the bench and jury, and for substitution for oversize exhibits after trial.

E. Electronic Courtroom. To facilitate greater efficiency and enhance the juries ’ ability to view exhibits contemporaneously, the Court has implemented an electronic trial system in Courtroom No. 2. The Court may require parties to use the electronic courtroom for a trial, particularly where a large number of documentary 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.

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Rule 16. 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 absent an order of the Court authorizing additional witnesses.

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Rule 17. 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 on the record or entered on the minutes, or unless it is submitted 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. No stipulation shall be binding on the parties unless it is confirmed by order of the Court.

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Rule 18. 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.

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Rule 19. FINDINGS OF FACT AND CONCLUSIONS OF LAW

Proposed Findings of Fact and Conclusions of Law shall be submitted in a format suitable for signature by the Court, together with a working copy for the Court. A transmittal sheet shall accompany the findings indicating the party submitting the findings and containing a certificate of service. The Court requests that, where possible, a 3 2-inch computer disk compatible with IBM PC WordPerfect 6.0 or higher (formatted) and labeled accordingly accompany the findings. The disk will be returned to counsel when it is no longer required by the Court.

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Rule 20. SURETY

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 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.

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Rule 21. DECORUM

A. Opening of Court. 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 Court has taken the bench.

B. Court Reporter. Unless such presence is waived by the parties and the Court, a court reporter shall be on duty in the courtroom at all times the Court is in the courtroom except for juvenile detention hearings which shall be tape recorded in the absence of a court reporter.

C. Dress. All counsel and pro se litigants appearing before the Court shall be dressed in appropriate business attire. Parties and witnesses shall be dressed in clean, appropriate clothing.

D. Seating at Counsel Table. Only counsel of record and the named party or parties may be seated at counsel table during hearings or trial. Non-attorney legal staff, friends, relatives, or supporters may not occupy seats at counsel table during hearings or trials.

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Rule 22. MARITAL DISSOLUTION ACTIONS

A. Temporary Child Support. Whenever a marital dispute or custody action arises that results in a separation of parents and children, child support liability shall commence immediately. Counsel for the parties shall meet within ten (10) days of Respondent’s first appearance to determine the proper amount of temporary child support based on the Montana Child Support Guidelines. Failure to make such payments may result in the imposition of appropriate 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 to the prevailing party in such hearing.

B. Custody Evaluations. 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 arrangements for each child. The report shall be returned to the Court, the parties, and their attorneys as soon as reasonably possible thereafter.

C. 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, 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.

D. 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.

E. Simplified Process. Upon request of both parties or sua sponte, the Court may order a simplified domestic relations process, including to reduce the time, cost and adversarial nature of proceedings. The Court will set an initial conference within 30 days of ordering a simplified marital relations process. The purpose of the initial conference is to orient the parties to the Court’s case management process and to plan the timing of future activity in the case. No motions will be heard. Any issues agreed upon may be memorialized by written stipulation. Alternate dispute resolution, temporary child support, custody evaluations, studies, appraisals, information exchange and case scheduling may be discussed.

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Rule 23. ORDERS OF PROTECTION

Jurisdictional and procedural issues involving orders of protection shall be handled in accordance with Title 40, Chapter 15, M.C.A.

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Rule 24. CHILD SUPPORT GUIDELINES AND MEDICAL SUPPORT REQUIREMENTS

A. Worksheets. Counsel and pro se litigants shall follow the provisions of Montana Law regarding child support and medical support cases, specifically Section 40-4-204, 40-4-208 and 40-5-101, et. seq. Child support guideline worksheets shall be filed in all such cases.

B. Handling Fee. Effective October 1, 1997, and thereafter the Clerk of Court shall collect a handling fee of $2.00 per child support and separate maintenance payment which must be paid by the payor in addition to the required payment. Said fees shall be directed into the District Court Fund.

C. Temporary Child Support.

Absent a showing of good cause, a straight percentage, based on the number of minor children for whom support is being sought may be applied to the gross income of the obligor to arrive at a child support order. This order shall stand without modification absent a substantial change of circumstances. However, the order may specifically allow for a redetermination under the full Montana child support guidelines thereafter. Child support shall be redetermined under the Montana child support guidelines at the trial of the matter. Such redeterminations are available through the district court or through the administrative process.

The percentages to be applied to an obligor ’s gross income are as follows:

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Rule 25. CRIMINAL AND DELINQUENCY ACTIONS

A. Preliminary Procedures in Felony Cases

B. Arraignment. 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.  These forms are available from the District Court Administrator.  No Plea Agreement shall be considered unless it is in writing and filed with the Court.

C. Omnibus Hearing.

D. Face-to-Face Settlement Conference. A settlement conference shall be set in all criminal and delinquency cases prior to setting the case for trial. The conference shall be attended by all counsel of record and the defendant (or youth and parents). The parties and counsel shall there attempt, in good faith, to resolve the case without a trial. A summary case status report shall be promptly filed thereafter with the Clerk of Court indicating whether or not the case has been resolved (subject to Court approval).

E. Pre-Trial Conference. A preliminary pre-trial conference will be set in unresolved cases at which time counsel for the parties shall meet with the Court in chambers to resolve any motions not previously resolved and exchange proposed jury instructions, verdict forms, exhibit and witness lists, including an original and working copy to the Court. A court reporter will not be present for the preliminary pre-trial conference unless counsel make arrangements in advance with the District Court Administrator.

F. Pre-Sentence Investigation. All pre-sentence investigations shall be completed and the reports based thereon delivered to the Court and to the parties, not later than one (1) business day prior to sentencing.

G. 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 Ravalli County Treasurer where checks, warrants, or drafts can be drawn on the account for the transfer of such funds.

H. Restitution. Pursuant to M.C.A. 46-18-250, a Ravalli County Restitution Fund is hereby established. The 21 st Judicial District Youth Court Probation Office and the Ravalli County Clerk of District Court are hereby ordered to deposit to the Ravalli County Restitution Fund all unclaimed restitution payments made on behalf of victims whose location is unknown despite reasonable efforts to locate the victim.

Disbursements from the Ravalli County Restitution Fund shall be made by the Clerk of District Court in the following order of priority:

Offenders shall continue to be fully credited for restitution payments made on behalf of victims whose location is unknown and they shall not be excused from payments on such grounds. If a victim has been paid full restitution from the fund but the offender still owes an unpaid restitution obligation, any subsequent payments by or on behalf of the offender shall be deposited to the fund until the obligation is fully satisfied.

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Rule 26. APPOINTMENT OF COUNSEL FOR INDIGENT PERSONS.

A. Eligibility. The eligibility of every person to request Court-appointed counsel or the public defender must be ruled upon by the judge in jurisdiction. Financial affidavits for this purpose are available from the Clerk of Court. The eligibility determination shall be based upon the current income and assets of the person, which include real and personal property, as well as current payment obligations. The Court may require a financial contribution from a person who is determined conditionally eligible, and is or will be able to provide a limited cash contribution, as a condition of continued representation at public expense.

B. Priority of Appointments. When the Court finds that a defendant is financially unable to obtain legal representation, the Court will appoint counsel to represent the defendant in the following order of priority and availability:

C. Notice to Appointed Counsel. It will be the responsibility of the Clerk of District Court to notify Court-appointed counsel of their appointment.

D. Hourly Fee of Non-Public Defenders. Attorneys, other than those employed or contracted as public defenders, appointed by the Court to represent indigent persons shall be compensated in accordance with the Montana Judicial Branch Policies and Procedures including the AHandbook on the payment of State Costs for Montana District Court, as well as the policies adopted by the District Court Council.

Compensation of court approved attorneys shall be at the rate of sixty dollars ($60) per hour for time expended in Court and for time reasonably expended out of Court on the case, excluding commuting time. Attorneys shall also be reimbursed for extraordinary expenses reasonably incurred in such representation, provided they are documented by original receipts and submitted with a Ravalli County or State of Montana claim warrant, but any such expenses shall not include general office overhead expenses. Claimed expenses in excess of three hundred dollars ($300) shall be incurred only after authorization of the Court.

E. Appointed attorneys are expected to review and follow the Performance Guidelines for Criminal Defense Representation published by the National Legal Aid and Defender Association (http://www.nlada.org/Defender/Defender_Standards/Performance_Guidelines).

The District Court expects assigned counsel will professionally and promptly respond to orders of and inquiries by the Court. Counsel shall exhibit a similar professional responsiveness and timeliness in their client contact. The District Court encourages counsel to provide adequate staffing for their offices to fulfill these responsibilities.

The District Court anticipates assignment of qualified co-counsel in capital cases, as well as other complex felony cases. Any assigned counsel may file a request for co-counsel. Any request by assigned counsel for adequate funds for retaining an expert witness or private investigator shall be supported by motion and brief, specifically detailing the basis for the request.

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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.

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Rule 28. COURT SECURITY

A. Weapons. No unauthorized person entering the Judicial Wing of the Ravalli County Courthouse may be in possession of firearms (concealed or otherwise), ammunition, knives, chemical spray devices, explosives, explosive devices, or other dangerous weapons. All persons are subject to search of their person and belongings by security personnel to detect the presence of weapons. No concealed weapon permits apply within the county courthouse. All armed out of county law enforcement agents shall check in with the Ravalli County Sheriff ’s office before entering the courtroom.

B. Food and Drink. No person may possess or consume food or beverages in the courtroom except by prior leave of Court. Water will be supplied to counsel, litigants, jurors and court staff by the Clerk of Court.

C. Contact by Prisoners or Detainees. No person other than detention center 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 Courtroom.

D. Responsibility of Parties. In any case where a party believes or reasonably should believe a potentially violent physical situation may arise, that party, through counsel or pro se, shall notify court staff and the court security officer sufficiently in advance so that appropriate security measures can be taken.

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Rule 29. POSTPONEMENT OF TRIALS OR HEARINGS

A. Absence of Witness or Evidence. Pursuant to Section 25-4-501, 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:

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. Expense Penalty. Any litigant and/or legal counsel responsible for late postponement of a trial or contested hearing previously set on a day other than regular law and motion day (late postponement being defined as a postponement requested within two (2) business days of the time of commencement of the trial or hearing) shall be assessed a penalty equal to any court expenses or expenses of the adverse party thereby needlessly incurred. The Court reserves the authority to waive or reduce such penalty in the interests of justice.

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Rule 30. PROBATE FEES

Attorney fees in informal probate matters will not be routinely fixed by the Court, unless there is a disagreement between the attorney and the personal 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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Rule 31. SUBSTITUTION OF JUDGE

All motions for the substitution of a judge shall be accompanied by the required filing fee at the time of filing, pursuant to Sections 3-1-804(1)(d) and 25-1-201(1)(p), MCA, otherwise the motion shall be stricken.

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Rule 32. 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.

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Rule 33. PARENTING AND VISITATION GUIDELINES

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 visitation upon reasonable notice, since that provides the greatest flexibility. The next best arrangement is a detailed visitation 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 Twenty-First Judicial District believes are generally reasonable, unless special circumstances require a different arrangement. (See Paragraph 1.17 below.) Unless these guidelines are incorporated in a court order, they are not compulsory rules, only a general direction for parents. In the event visitation becomes an issue in court, the judge reserves the right to set whatever visitation schedule best meets the needs of the children in that case.

1. 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 custodial 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.

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 visitation 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.

In cases where both parents resided in the same community at the time of separation, and then one parent left the area, thus changing the visitation pattern, the court will consider imposing the travel costs for the children necessary to facilitatefuture visits on the parent who moved. The court will also consider other factors, however, such as the economic circumstances of the parents and the reasons prompting the move.

A. Infants - Birth to Six Months. Alternate parenting plans:

B. Infants - Six to Eighteen Months. Alternate parenting plans:

C. Toddlers - Eighteen to Thirty-Six Months: Alternate parenting plans:

D. Preschoolers - Three to Five Years Old. Alternate parenting plans:

E. 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 noncustodial parent who exercises visitation of a child under age five should not during the visits place the child with a baby-sitter or day care provider. If the noncustodial parent cannot be with the child personally, the child should be returned to the custodial parent. Visiting for short periods with relatives may be appropriate, if the relatives are not merely serving as baby-sitters.

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2. VISITATION OF CHILDREN OVER AGE FIVE WHEN THERE IS SOLE CUSTODY OR PRIMARY PHYSICAL CUSTODY AND PARENTS RESIDE NO MORE THAN 200 MILES APART

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3. VISITATION OF CHILDREN OVER AGE FIVE WHEN SOLE CUSTODY OR PRIMARY PHYSICAL CUSTODY AND PARENTS RESIDE MORE THAN 200 MILES APART

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4. PARENTAL CHANGE OF RESIDENCE

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Rule 34. WITNESSES

A. Subpoena Duces Tecum. A subpoena duces tecum may be issued for only such material as is relevant and material. No subpoena duces tecum shall be issued by the Clerk unless the request has first been presented to the Court and issuance approved by the Court. A subpoena duces tecum relating to records of the Ravalli County Sheriff or Ravalli County Attorney shall not be presented to the Court for approval unless it has been discussed with the affected public official to determine if they have objections.

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 witness fees and costs.

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Rule 35. 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.

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Rule 36. MEDIA

A. Cameras and Recordings. Only members of bonafide press organizations recognized by the Court will be allowed to operate cameras or electronic recording devices during court proceedings. Said members of the press shall be prepared to identify themselves and their media organization to the uniformed security officer(s) prior to entering the courtroom. Exception as provided herein, no cameras or electronic recording devices or personnel shall be allowed in the courtroom absent the express permission of the Judge.

B. Operation of Cameras. All cameras or electronic recording devices allowed into the courtroom shall be in place and ready to function well prior to the scheduled court proceeding being covered. Equipment and personnel shall remain in the courtroom until such time as a recess in proceedings is called by the Court. All camera or electronic recording devices shall be operated as quietly and inconspicuously as possible. Media personnel shall respect the dignity and decorum of the Court and conduct themselves and their business accordingly. Those that are disruptive or cause distraction from the proceedings at hand shall be promptly removed from the courtroom. No additional lighting shall be used without the express prior approval of the Court.

C. MicrophonePlacement. No microphones or other types of broadcasting or taping equipment shall be placed on or near the Judge’s bench without advance request to and approval of the Court.

D. Disobedience of Guidelines. Any person disregarding the guidelines as set forth herein may be asked to leave or be escorted from the courtroom and will be denied readmittance and may possibly be held in contempt of Court if a warning is ignored.

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Rule 37. JURY SUMMONING PROCEDURE

A. The Clerk of Court, as the County Jury Commissioner, shall require annually that an alphabetized computer database of potential jurors and their addresses be filed by July 1 of each year with an attached certificate signed by the Ravalli County Clerk and Recorder and the Ravalli County Commissioners which shall contain a description of the computerized random selection method employed to complete the list.

Said certificates and the lists shall be kept in the office of Clerk of Court and be made available for public inspection during normal business hours. The Clerk shall thereupon enter the database into her computer and produce a randomized database and a certificate describing the process used to do so which shall thereupon be presented to the Court for its approval and preserved for public inspection.

B. All questions of juror exemptions or alleged incompetencies from jury duty shall be granted exclusively by the Court in all cases upon a satisfactory showing of undue hardship or other legal grounds.

C. In all civil or criminal cases set for jury trial, the following procedures shall be followed except for cases awaiting trial as of the date of adoption of this Rule which will be dealt with on a case by case basis.

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Rule 38.  CONSOLIDATION OF ABUSE/NEGLECT CASES

A.  Each case shall be opened by the Clerk of District Court consistent with the Montana Judicial Branch District Court Uniform Caseload Filing Standards.

B. All child abuse and neglect (DN) cases involving the children of one or more common parent, step-parent or guardian shall be consolidated automatically before the show cause hearing, under the case number for the youngest affected child. This is not a permanent consolidation under the same case number, but rather a temporary consolidation for ease of case management and administrative purposes. Each case shall retain a separate file and case number. Objections to consolidation, if any, must be raised at the show cause hearing. If an objection is raised and the Court determines that complete integration is inappropriate because of confidentiality or other issues, then as an alternative, the cases may be consolidated and grouped according to common parents, etc. For example, in a case involving one mother but two fathers, the separate cases for the children may be consolidated into two groups, one for each father, each of which will include all the children of that father.

C. In issuing Orders to Show Cause, Subpoenas, or Summons, the Clerk of District Court shall issue one such document as necessary for each consolidated case, rather than one document for each child. The Clerk of the District Court shall list the consolidated case number first for the show cause hearing or other hearing and said document will pertain to all of the cases involving the children in the consolidated case. The purpose of this rule is to avoid having to serve multiple Orders to Show Cause or subpoenas upon a parent or witness who is being summoned to attend and/or testify at a consolidated hearing. The consolidated caption shall refer to all of the children in the consolidated matter together with their respective cause numbers, listed from youngest to oldest. The original return of service for Orders to Show Cause, Summons, and Subpoenas shall be filed in the file of the youngest child, with copies of each filed in each child's separate case file. If service by publication is required, one Order and one Summons for Publication shall be issued for a consolidated case.

 

D. Appropriate notice of any consolidated hearing involving a child to a parent, step-parent or guardian will be deemed legally sufficient notice of any hearing involving other children of that parent, step-parent or guardian occurring at the same time and place, unless manifestly unjust. The purpose of this rule is to avoid the raising of notice issues in cases with multiple children, when the notice problem is merely technical and not substantive.

 

E. Orders approving permanency plans shall comply with this rule, but shall individually identify and be made applicable to each youth of a consolidated case. The intent of a local rule is to satisfy the requirements of Montana law; however, the Department will still need to address the requirement of Federal law in any proposed order it submits.

 

F. Unless motion is made and granted otherwise, when the Court appoints counsel for a parent, child, or guardian ad litem [GAL], the appointment shall apply to all DN cases involving the same parent, child, or GAL of a sibling.

 

G. Unless motion is made and granted otherwise, one guardian ad litem [GAL] shall be appointed for each consolidated case, and the GAL shall represent all of the children in that consolidated case. The GAL shall submit one report, with duplicate reports filed in all related consolidated case files.

 

H. The parties shall abide by all confidentiality statutes, especially regarding information they receive pertaining to children who are not their biological children, or for whom they are neither step-parents nor guardians. See, e.g., º41-3-205 MCA.

 

I. The Court reserves the right to exercise its separate consolidation authority "to order a joint hearing or trial of any or all the matters in issue in the actions . . .." or to "order all the actions consolidated ..." or to make "such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." Rule 42(a), M.R.Civ.P. The Court also reserves the right to exercise its separate authority to join parties in a case pursuant to Rule 19(a), M.R.Civ.P.

 

J. The Clerk of District Court shall accept and file duplicate originals of all pleadings, petitions, motions, and reports in DN cases designated for consolidation. The Court shall enter only one set of Findings and/or Order at the conclusion of a hearing, but duplicate originals, each signed by the Judge in jurisdiction, shall be executed and a duplicate original filed in the respective files of each of the affected youths.

 

K. Once a consolidated DN case is fully adjudicated or otherwise concluded, each case file shall be separated into its case number consistent with when originally opened, and then the case shall be CLOSED.

 

L. If any closed DN case is later REOPENED, the above rules for opening a case shall be applied and followed.

 

M. Dissemination of documents or information from a DN file, whether active or not, shall be subject to applicable confidentiality laws and the Court's authority under Title 41 to protect the best interests of any child in a DN case. Prior to dissemination of any documents or information from a child's DN file, the Court reserves the right to require redaction of any material relating to witnesses, health care or other confidential matters that would violate a child's best interest if it were released. However, in making any determination regarding dissemination from any open file (or file that is likely to be reopened), the court will balance the discovery and other rights of the parties against the child's best interest on a case-by-case basis.

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Rule 39. INTERACTIVE VIDEO CONFERENCING

 

Interactive video conferencing capability is available for court related purposes. 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 video-conference. 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 this rule 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.

Scheduling of and any applicable fee payment for all video conferencing must occur through the Court Administrator, at least 10 days before the scheduled use. A use fee of $50/hour applies (one-hour minimum) and shall be paid by every attorney, party or other person who appears remotely through use of the Court’s video conferencing capability, unless waived or modified by the Court.

 
 


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