2, 2019, the Uniform District Court Rules Commission
submitted proposed revisions to the Montana Uniform District
Court opened a 60-day comment period on the revisions, and
after review and consideration of the revisions in a public
meeting held on September 24, 2019, the Court determined the
revisions were well taken, and approved them with some
ORDERED that the proposed revisions as approved by the Court
are ADOPTED. The Montana Uniform District Court Rules are
amended to read as shown in the attachment to this Order,
effective January 1, 2020.
Order and the attached rules shall be posted on the
Court's website. In addition, the Clerk is directed to
provide copies of this Order and the attachment to the State
Law Library, to Todd Everts and Connie Dixon at Montana
Legislative Services, to Chad Thomas at Thomson Reuters, to
Patti Glueckert and the Statute Legislation department at
LexisNexis, and to the State Bar of Montana, with the request
that the State Bar provide notice of the revised rules on its
website and in the next available issue of the Montana
McGRATH, LAURIE McKINNON, JAMES JEREMIAH SHEA, DIRK M.
SANDEFUR, INGRID GUSTAFSON, BETH BAKER, JIM RICE
UNIFORM DISTRICT COURT RULES
1 - Form of Papers Presented for Filing.
Defined. The word "papers" as used in this Rule
includes all documents and copies except exhibits and records
on appeal from lower courts.
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, recycled paper,
8 1/2" 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
(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
(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
complete mailing address for service of papers.
(2)Lines 1 through 7 of the right one-half of the page shall
be left 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
(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
(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.
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
Argument. The court may order oral argument sua sponte or
upon application of a party for good cause shown.
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 case the
motion will be deemed submitted as of the date designated as
the time for filing the final brief.
Subject to subsection (e), above, the moving party shall file
a notice with the court within five days after the filing of
a reply brief, or if no reply brief is filed, within five
days after the filing of all response briefs, advising the
court that the matter is fully submitted and ready for
decision. A copy of the notice shall be sent to the presiding
the event of conflict, the Montana Rules of Civil Procedure
shall control. Time computation shall be governed by M. R.
Civ. P. 6.
3 - Ex Parte Matters.
as otherwise provided by these Rules or statute, no document,
including briefs, proposed orders and proposed judgments, or
other communications, may be presented to the court at any
time unless it is first filed with the court and served on
4 - Filing of Discovery.
Depositions upon oral or written examinations,
interrogatories and answers thereto, requests for production
of documents and responses thereto, and requests for
admissions and responses thereto shall not be filed without
leave of court. When any motion is filed referring to
discovery, the party filing the motion shall submit with the
motion relevant unfiled documents.
pre-trial 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.
5 - Pre-Trial Order and Pre-Trial Conference.
Unless otherwise ordered by the court, a pre-trial conference
shall be ...