IN RE THE PROPOSED AMENDMENTS TO THE MONTANA UNIFORM DISTRICT COURT RULES
members of the Uniform District Court Rules Commission have
submitted proposed amendments to the Uniform District Court
Rules to the Court for its consideration. After consideration
of the proposed amendments, the Court has determined that the
bench and bar of the State of Montana should be provided an
opportunity to comment thereon.
proposed amendments consist of changes throughout the Rules,
including the incorporation of Rule 6 into Rule 2, changes to
Rule 3, and a substantial addition to Rule 16. The proposed
amendments to the Rules are attached to this Order. Language
proposed to be stricken from the Rules is interlineated, and
language proposed to be added is underlined.
THEREFORE ORDERED that all members of the bench and bar of
Montana and any other interested persons are granted 60 days
from the date of this order in which to file with the Clerk
of this Court appropriate comments and/or suggestions to the
attached 2019 Proposed Amendments to the Uniform District
FURTHER ORDERED that the 2019 Proposed Amendments to the
Uniform District Court Rules in their entirety shall be
posted on the websites of the Montana State Law Library and
the State Bar of Montana. The State Bar of Montana is further
requested to give notice of this Order and of its website
posting of the Proposed Revisions in the next available issue
of The Montana Lawyer.
FURTHER ORDERED that the Clerk of this Court shall post this
Order with attached proposed amendments on the Court's
website and shall provide copies of such to the State Bar of
Montana, and shall provide to each District Court Judge and
each Clerk of the District Court a copy of this Order with
attached proposed amendments with a request that each Clerk
of the District Court make the Order available for public
review in the Office of the Clerk of the District Court.
Uniform District Court Rules
1 - FORM OF PAPERS PRESENTED FOR FILING
Papers Defined. The word "papers"
as used in this Rule includes all documents and copies except
exhibits and records on appeal from lower courts.
Pagination, Printing, Etc. All papers shall
Typewritten, printed or equivalent;
Clear and permanent;
Equally legible to printing;
type not smaller than pica;
Only on standard quality opaque, unglazed, recycled paper, 8
1/2" x 11" in size. [Additional language deleted to
match M. R. App. P. 11 revisions.]
Printed one side only, except copies of briefs may be printed
on both sides. The original brief shall be printed on one
Lines unnumbered or numbered consecutively from the top;
Spaced one and one-half or double; (9)Page numbered
consecutively at the bottom; and
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.
Format. The first page of all papers shall conform to the
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 complete
mailing address for service of papers.
Lines 1 through 7 of the right one-half of the page shall be
left blank for the use of the clerk.
or below line 8, the title of the court.
Commencing at line 9 or below on the left, the title of the
the right and opposite the title of the case, the case number
and identification of the document being filed.
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.
2 - MOTIONS
Prerequisites to Filing a Motion. The text of the motion must
state that other parties have been contacted and state
whether any party objects to the motion. Parties that have
not yet appeared in the action or whose default has been
entered need not be contacted. When a motion is unopposed,
the word "unopposed" must appear in the title of
Filing Briefs in Support of Motions. The moving party shall
file with the court a supporting brief upon filing a motion.
The brief may be accompanied by appropriate supporting
documents. Except as provided in M.R. Civ. P. 56(c) within
fourteen days after service of the movant's brief, the
opposing party shall file an answer brief which also may be
accompanied by appropriate supporting documents. Within
fourteen days after service of the opposing party's
answer brief, the movant may file a reply brief or other
appropriate responsive documents.
Failure to File Briefs. Failure to file briefs may subject
the motion to summary ruling. The moving party's failure
to file a brief shall be deemed an admission that the motion
is without merit. Failure to file an answer brief by the
opposing party within the time allowed 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.
Oral Argument. The court may order oral argument sua sponte
or upon application of a party for good cause shown.
When Motion Deemed Submitted. Unless oral argument is
ordered, or unless the time is enlarged by the court, the
motion is deemed submitted at the expiration of any of the
applicable time limits set forth above. If oral argument is
ordered, the motion will be deemed submitted at the close of
argument unless the court orders additional briefs, in which