November 19, 2014, the Supreme Court adopted Temporary
Electronic Filing Rules. Subsections (4) and (5) of Rule 12
contain provisions regarding electronic filing of briefs on
appeal to this Court. We have determined that certain
amendments to those subsections of Rule 12 are necessary.
IT IS ORDERED that, effective immediately, Rule 12(4) and (5)
of the Temporary Electronic Filing Rules are amended as
follows (new language is underlined):
4. When filing briefs, electronically file the original. For
the electronically filed brief, the color requirements for
the cover under Rule 11(6)(a), M. R. App. P., shall not
apply. Once the electronically filed brief is checked for
deficiencies and approved, the clerk will notify the e-filer
to submit seven paper copies of the electronically filed
brief. The seven paper copies of the Appellant's
Opening brief must comply with Rule 12(1)(i), M. R. App.
P., including copies of the orders and judgments from
which the appeal is taken. Upon notification, paper copies
must be submitted promptly within
seven days or within such specific time as directed by
the Court. For the paper copies, the color requirements for
the cover under Rule 11(6)(a), M. R. App. P., shall apply.
5. When filing an Appendix, electronically file the original.
The Appendix shall include a table of contents and a separate
title page for each document, labeled "Appendix A"
or "Appendix 1" and so forth. The Court encourages
the electronic bookmarking of each document to its
corresponding reference in the table of contents to make the
appendix readily searchable. Other than those documents
required to be filed under Rule 12(1)(i), M. R. App. P.,
paper copies of appendix documents need not be filed.
complete text of the Temporary Electronic Filing Rules, as
herein amended, is attached to this Order.
Clerk is directed to provide copies of this Order to the
Montana State Law Library, the State Bar of Montana, the
Appellate Defender's Office, the Attorney General's
Office, and to each member of the Supreme Court Commission on
McGRATH, BETH BAKER, MICHAEL E WHEAT, JAMES JEREMIAH SHEA,
LAURIE McKINNON, DIRK M. SANDEFUR, JIM RICE
Electronic Filing Rules
(a) "Clerk of court" means the official custodian
of the court record for the case in question, which may be
the clerk of the Supreme Court, clerk of district court, or
the appointed clerk in a justice court, municipal court, city
court, water court, or workers compensation court.
(b) "Document" means a pleading, form, notice,
motion, order, affidavit, paper exhibit, brief, judgment,
writ of execution, or other filing. For purposes of this
rule, a document includes the transmittal information
submitted with the filing.
(c) "Electronic filing system" means a web-based
system established by the Office of the Court Administrator
for the purpose of filing documents with or by a court,
integrating them into the court's case management system,
and electronically serving notice to the parties who have
registered with the electronic filing system.
"Electronic filing" does not include alternative
methods of filing, such as electronic mail, facsimile, floppy
disks, or other electronic methods.
(d) "Electronic filing system administrator" means
an individual appointed by the Supreme Court Administrator to
receive information and take action as necessary to
administer the electronic filing system.
(e) "Electronic signature" means an electronic
sound, symbol, or process attached to or logically associated
with a document, that can be executed or adopted by the user
with the intent to sign the document.
(f) "Initiating document" means a summons and
complaint, information, petition, notice of appeal,
application, citation, criminal complaint, or any other
document filed to commence a court case.
(g) "Lodged" means placing a document in a court
file without officially filing it.
(h) "Traditional methods" means those methods of
filing and serving documents, other than electronic filing,
provided under statutes and local rules.
(i) "Transmittal page" means a document generated
by the electronic filing system containing the case
management information necessary to transmit and file a
(j) "User" means an individual who has registered
to use the electronic filing system under section 3.
(a) The Supreme Court Administrator shall implement an
electronic filing system for Montana courts.
(b) Use of the electronic filing system is voluntary. Courts
choosing to participate in the electronic filing system shall
make formal application to the Office of the Court
Administrator. The application shall be made in writing by
the Chief Judge and, if applicable, the elected clerk of
court. Parties or their attorneys may choose to participate
in the electronic filing system unless the court has
designated a certain case type for mandatory electronic
filing. Parties or attorneys who choose not to participate
shall file, serve, and receive documents by traditional
(c) Any action that may be brought in court may be brought
using electronic filing, subject to the ability of the
electronic filing system to accept the documents. This
section does not guarantee anyone the right to file
(d) The procedures in these rules shall be interpreted in a
manner consistent with existing court rules.
(e) An exception will be permitted for certain governmental
agencies to file documents and transfer data by a Supreme
Court-approved alternative method of transferring the
document or data from the agency's electronic system to
the court's electronic case management system. For
example, interfaces have been created to allow electronic
filing of Montana Highway Patrol citations.
(a) The following individuals may register to use the
electronic filing system:
1.Licensed Montana attorneys and ...