Rule 10. Duty to make service. (a) It shall be the duty of the parties when personal service is required of an order, warrant, summons, subpoenas, or any such order, to cause it to be delivered to the chief of police, sheriff or other qualified person for service. (b) It shall be the duty of the parties in all […]
Rule 11. Filing of discovery. Depositions upon oral or written examinations, interrogatories and answers thereto, requests for production of documents 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 portions of unfiled documents. History: En. Sup. Ct. Ord. Mar. […]
Rule 12. Request for jury trial. A request for a jury trial made within seven (7) days of the time set for trial may be treated by the court as a motion for continuance and the trial date vacated and reset. History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 11, 1993; redes. Rule […]
Rule 13. Decorum. (a) When the court convenes all persons in attendance in the courtroom shall rise until the judge has taken the bench. (b) The judge of the court shall, when presiding in open court, wear judicial robes. (c) All persons shall, when in the courtroom, wear appropriate clothing. History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, […]
Rule 14. Representation. (a) A party may represent oneself, or be represented by counsel. (b) Except as provided in (c) below, no representation can be made on behalf of a party by another person except an attorney duly licensed by the State of Montana. A nonresident attorney may be permitted to represent a party upon motion of a licensed […]
Rule 15. Office hours. (a) On judicial days, regular office hours shall be designated by the court for the transaction of business. Notice of the hours shall be posted in the court’s office. (b) The court shall establish a regular time for initial appearances and arraignments on traffic and criminal actions. Notice of the time set shall be posted […]
Rule 16. Pre-trial conference. (a) Pre-trials conferences shall be governed by Rule 14 of the Montana Justice and City Court Rules of Civil Procedure. (b) Unless otherwise ordered by the court no pre-trial conference will be set. A party may request a pre trial conference not less than seven (7) days before trial. (c) An attorney representing a party at […]
Rule 17. Payment of bonds. (a) Bonds established by the judge in a schedule of bail for offenses may be paid to the court during business hours on every day except nonjudicial days. The schedule of bail shall be posted in the court’s office. (b) Bonds shall only be returned in the name of the person who deposited the […]
Rule 18. Continuances. (a) A continuance or resetting of a trial or hearing may be granted upon a showing of good cause. The motion for continuance must be made in writing and served upon the opposing party or counsel. (b) No continuance will be granted if not timely made. A continuance will not be granted if a party appears […]
Rule 19. Jury instructions. (a) In criminal actions, the general criminal jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given. (b) In civil actions the general civil jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given. (c) Any party may request special jury instructions. […]
Rule 2. Multi-judge courts — allocation of cases. (a) If there is more than one justice of the peace in the same county, or more than one city judge in the same city, the judges shall by agreement divide the court caseload, civil and criminal, among the judges. (b) In the event that an agreement cannot be reached, upon […]
Rule 20. Voir dire. Unless for good cause shown, voir dire examination shall be limited to thirty (30) minutes for each party. Requests for additional time are to be made prior to voir dire examination. History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993.
Rule 21. Time computation. (a) Time shall be computed as provided under Rule 6 of the Montana Justice and City Courts Rules of Civil Procedure. (b) When the period of time prescribed or allowed is ten days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded. History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993.
Rule 3. Files and exhibits. (a) The court is the custodian of all court files. Files shall not be taken from the court without the consent of the judge. (b) Every exhibit placed on file or offered in evidence shall be held in the custody of the court. Unless there be good reason why the original of an exhibit […]
Rule 4. Docket and index. (a) The court shall assign each citation and complaint a docket or case number. All docket or case numbers shall be in numerical order. (b) The court shall maintain an alphabetical index to the docket as provided under Section 3-10-503, MCA. History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. […]
Rule 5. Form and quality of paper filed. (a) All papers, except the Uniform Complaint and Notice to Appear, shall be written in ink or typed on a good grade of white paper 8 1/2″ by 11″ in size. (b) At the upper left margin of the first page of all papers filed with the court, shall be the name, […]
Rule 6. Motions. (a) All motions or application for orders in civil or criminal cases must be made in writing as required by Rule 9 of the Montana Justice and City Court Rules of Civil Procedure. This rule does not apply to motions made during the progress of a trial. (b) At the time of filing the motion, there […]
Rule 7. Ex parte matters. All requests for extension of time or continuances and other permissible ex parte matters shall be in writing. The request must provide that the opposing party has been contacted and given reasonable notice of: (a) the time and place of the ex parte conference or meeting, (b) the substance of the order sought, and […]
Rule 8. Presenting orders etc. (a) It shall be the duty of a party obtaining any order, judgment, warrant, summons, subpoena or like order to present the same in written form for the signature of the judge at the time of applying for the same. (b) Two copies of any order, warrant, summons, subpoena, or like order requiring service […]
Rule 9. Witnesses subpoenas. (a) When a case is set for trial the parties shall file with the court a written request for subpoenas for all known witnesses, and for any additional witnesses as soon as they are ascertained. (b) The requesting party shall cause the subpoenas to be served as provided by law. (c) No motion for continuance will […]
