                                                                                      March 15 2011


               IN THE SUPREME COURT OF THE STATE OF MONTANA

                                           AF 07-0110
                                       _________________


IN RE AMENDMENTS TO THE
UNIFORM DISTRICT COURT RULES                                         ORDER


                                       _________________


       We hereby adopt the attached Montana Uniform District Court Rules, which
reflect several amendments to those Rules.         Specifically, in Rule 1(a)(5), we have
simplified the requirements for the type of recycled paper to be used in court filings,
reflecting an upcoming change to the Montana Rules of Appellate Procedure. Second, in
the opening clause of Rule 10, we have added a reference to our recent express
authorization of limited scope representation by Montana attorneys via amendments to
the Rules of Professional Conduct and the Rules of Civil Procedure. Finally, we have
made technical changes substituting references to “counsel” with references to “parties”
and substituting gender-neutral phrases for references to “he” and “him.” In all other
substantive respects, the Rules are unchanged.
       The attached Montana Uniform District Court Rules shall become effective on
October 1, 2011. They shall be published on the Court’s website, and we ask the State
Bar of Montana to publish them in the next edition of its Lawyers Deskbook & Directory.
We also ask the Montana Legislative Services Division to publish this updated version of
the Rules in Title 25, chapter 19 of the Montana Code Annotated, except that publication
in the Montana Code Annotated need not include the juror questionnaire form appended
to the Rules attached to this Order.
       The Clerk is directed to provide copies of this order to the State Law Library, all
District Judges of the State of Montana, each member of the Uniform District Court
Rules Commission, the State Bar of Montana, Thomson-Reuters, and the Montana
Legislative Services Division.


                                               1
DATED this 15th day of March, 2011.


                                      /S/ MIKE McGRATH
                                      /S/ BETH BAKER
                                      /S/ MICHAEL E WHEAT
                                      /S/ PATRICIA COTTER
                                      /S/ JAMES C. NELSON
                                      /S/ BRIAN MORRIS
                                      /S/ JIM RICE




                                  2
              MONTANA UNIFORM DISTRICT COURT RULES


Rule 1 – Form of Papers Presented for Filing.
        (a) Papers Defined. The word “papers” as used in this Rule includes all
documents and copies except exhibits and records on appeal from lower courts.
        (b) Pagination, 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. [Additional language deleted to match M. R. App. P. 11 revisions.]
        (6) Printed one side only, except copies of briefs may be printed on both sides.
The original brief shall be printed on one side.
        (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 following:
        (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) One or below line 8, the title of the court.
        (4) Commencing at line 9 or below on the left, the title of the case.
        (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 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.


Rule 2 – Motions.
        (a) Upon filing a motion or within five days thereafter, the moving party shall file
a brief. The brief may be accompanied by appropriate supporting documents. Within ten
days thereafter the opposing party shall file an answer brief which also may be
accompanied by appropriate supporting documents. Within ten days thereafter movant
may file a reply brief or other appropriate responsive documents.

                                             1
        (b) Failure to File Briefs. Failure to file briefs may subject the motion to summary
ruling. Failure to file a brief within five days by the moving party shall be deemed an
admission that the motion is without merit. Failure to file an answer brief by the
opposing party within ten days 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.
        (c) Oral Argument. The court may order oral argument sua sponte or upon
application of a party.
        (d) 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 without supporting briefs having been filed.
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.
        (e) In the event of conflict, the Montana Rules of Civil Procedure shall control.
Time computation shall be governed by Rule 6, M. R. Civ. P.


Rule 3 – Ex Parte Matters.
        (a) Extensions of time to further plead, file briefs, combine a hearing on a motion
and other permissible ex parte matters may be granted by order of the court upon written
application.
        (b) Prior to the issuance of an ex parte order, the party seeking such order must file
a written certification with the court declaring that the opposing party has been contacted
and given reasonable notice of:
        (1) the time and place of the ex parte conference or meeting;
        (2) the substance of the order sought;
        (3) whether the opposing party opposes the motion.
        (c) All requests for extension of time or continuance or other ex parte matters shall
be accompanied by an appropriate form or order, with sufficient copies for the clerk to
mail to all opposing parties.
        (d) Except as otherwise provided by these Rules or statute, no document, including
briefs, proposed orders and proposed judgments, may be presented to the court at any
time unless it is first filed with the court and served on all parties.


Rule 4 – Filing of Discovery.
       (a) 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 routinely filed. When any motion is filed
making reference to discovery, the party filing the motion shall submit with the motion
relevant unfiled documents.



                                              2
       (b) The 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.


Rule 5 – Pre-Trial Order and Pre-Trial Conference.
        (a) Pre-trial. Unless otherwise ordered by the court, a pre-trial conference shall be
held in all contested civil cases.
        (b) Not later than five days prior to the pre-trial conference, Plaintiff shall convene
a conference of all parties for the purpose of preparing a pre-trial order. The proposed
pre-trial order shall be presented for signature at the pre-trial conference. In the event of
a dispute as to the contents of the order, such dispute shall be presented to the judge for
resolution at the pre-trial conference.
        (c) Pre-trial Order. The pre-trial order shall be substantially in the following form:

                            (TITLE OF COURT AND CAUSE)
       Pursuant to Rule 16 of the Montana Rules of Civil Procedure, a pre-trial
conference was held in the above-entitled cause on the ____ day of ________, 20__, at
___ o’clock __.m.
___________________________________ represented the plaintiff(s).
___________________________________ represented the defendant(s).
________________________________________________________________________
__________________________________ (other appearances) were also present.
                                     AGREED FACTS
       The following facts are admitted, agreed to be true, and require no proof:
(Here enumerate all agreed facts, including facts admitted in the pleadings.)
PLAINTIFF’S CONTENTIONS
Plaintiff’s contentions are as follows:
1.
2.
                             DEFENDANT’S CONTENTIONS
1.
2.
                                         EXHIBITS
       Attached to the pre-trial order are exhibit lists identifying by number and brief
description each exhibit and stating any objections to the exhibits. Any exhibit offered at
the trial to which no objection was made in the pre-trial order will be admitted into
evidence.
                                        WITNESSES
The following witnesses and no others will (may) be called to testify except on rebuttal:
Plaintiff
1.
2.


                                              3
Defendant
1.
2.
                                       ISSUES OF FACT
         The following issues of fact, and no others, remain to be litigated upon the trial:
(Here specify each issue.)
1.
2.
                                        ISSUES OF LAW
         The following issues of law, and no others, remain to be litigated upon the trial:
(Here set forth a concise statement of each.)
1.
2.
                                          DISCOVERY
         The final pre-trial order shall refer to all those portions of depositions upon oral
examination and interrogatories, requests for admissions, and answers and responses that
the parties intend to introduce into evidence. Any objections to the use of the above
documents shall be stated, and if not stated, shall be deemed waived. (Because this Rule
relates to filing and is designed to consolidate in one place all of the fruits of discovery
and because there can be no surprise element involved, the court shall be liberal in
permitting the amendment of the pre-trial order to include any material not originally
listed.)
                           ADDITIONAL PRE-TRIAL DISCOVERY
         (Here specify any additional discovery contemplated by either party and the time
within which such discovery will be completed.)
                                        STIPULATIONS
         (Here include any stipulations in addition to the agreed facts set forth above.)
         DETERMINATION OF LEGAL QUESTIONS IN ADVANCE OF TRIAL
         It was agreed that the following legal issues should be determined by the court in
advance of the trial.
         (Here specify issues and make provision for filing briefs with respect to such
issues.)
                                     ADDITIONAL ISSUES
         Additional issues to be determined and/or addressed include:
         order of proof where there is a counterclaim;
         attorney’s fees testimony and/or proof;
         time of filing and service of trial briefs and other issues.
                              JURY SELECTION AND PROCESS
         Order and method of selection, stipulation that jury will be selected or drawn,
numbering of panel, number of challenges, time to file instructions, length of time on voir
dire.
                                              TRIAL
         It is estimated that the case will require ____ hours/days for trial.


                                             4
        The case will be tried before the court with (without) a jury.
        IT IS HEREBY ORDERED that this pre-trial order shall supersede the pleadings
and govern the course of the trial of this cause, unless modified to prevent manifest
injustice.
        IT IS HEREBY ORDERED that all pleadings herein shall be amended to conform
to this pretrial order.
        DATED this ____ day of _____________, 20__.
                                                          ___________________________
                                                                       District Judge
Approved as to form and content.
___________________________
Attorney for Plaintiff
___________________________
Attorney for Defendant


Rule 6 – Briefs.
      All briefs presented to the court at any time will be filed with the court and must
forthwith be served on all opposing parties.


Rule 7 – Jury Instructions and Verdict Forms.
        (a) Submission. All proposed jury instructions and verdict forms must be
delivered to the court in duplicate and a copy served upon all opposing parties at the time
fixed in the pre-trial order. Thereafter additional instructions may be allowed to prevent
manifest injustice.
        (b) Citation of authorities. Each proposed instruction shall contain at the bottom
the source thereof and a citation of authorities, if any, supporting the statement of law
therein.
        (c) Form. Each instruction shall be on 8 1/2" x 11" paper and shall, after the
citations of authorities, indicate the party on whose behalf it is requested and be
numbered consecutively. One copy of the instructions filed with the court shall not be
firmly bound together.
        (d) Request for special findings by jury. Whenever a party desires special findings
by a jury he/she shall file with the court and serve a copy upon all opposing parties, in
writing, the issues or questions of fact upon which such findings are requested, in proper
form for submission to the jury.


Rule 8 – Findings and Conclusions.
      In all matters where the court must enter findings of fact and conclusions of law
pursuant to Rule 52, M. R. Civ. P., all parties shall file with the court, and serve upon all
opposing parties, at least five days prior to the scheduled trial or hearing, proposed


                                             5
findings of fact and conclusions of law. Failure to file proposed findings of fact and
conclusions of law in a timely manner shall be cause for appropriate sanction including
removal of the case from the trial calendar, dismissal or granting of a judgment,
precluding the offending party from presentation of evidence or objecting to evidence
submitted by the other party, or such other action as the court deems appropriate. Post-
trial amended and supplemental findings of fact and conclusions of law may be submitted
in appropriate circumstances and only upon order of the court.


Rule 9 – Juror Questionnaire.
        All jurors are requested to complete a questionnaire, the form of which is on file
with the clerk in his/her general order file and which contains basic vital statistics and
other pertinent information. The completed forms will only be available to the parties,
the attorneys for the parties, judges and court employees. Others requesting the
completed forms must file a Request for Privacy Information with the court. The jury
questionnaire will be destroyed by the clerk’s office within a reasonable length of time
after the conclusion of the jury term.


Rule 10 – Death or Removal of Attorney.
       (a) Whenever an attorney representing a party to an action, or in another civil
proceeding of any kind is removed, withdraws or ceases to act as such, said attorney must
inform the court and all other parties of the full name and address of his/her client and
any other information which the court may find appropriate to assist in contacting said
party.
       (b) Except as allowed or modified by the limited scope of representation rules,
when the attorney representing a party to an action or proceeding dies, is removed,
withdraws, or ceases to act as such, that party, before any further proceedings are had
against him/her must be given notice by any opposing party:
       (1) That such party must appoint another attorney or appear in person, and
       (2) The date of the trial or of the next hearing or action required in the case, and
       (3) That if he/she fails to appoint an attorney or appear in person by a date certain,
which may not be less than twenty days from the date of the notice, the action or other
proceeding will proceed and may result in a judgment or other order being entered
against him/her, by default or otherwise.
       (c) Such notice may be by personal service or by certified mail to said party’s last
known address.
       (d) If said party does not appoint another attorney or appear in person within
twenty days of the service or mailing of said notice, the action may proceed to judgment.
However, copies of all papers and documents required to be served by these Rules and
the Rules of Civil Procedure shall be mailed to said party at his/her last known address.
       (e) In addition to the foregoing requirements of Rule 10 and before any change or
substitution of attorney is effective, whether such change or substitution is occasioned by


                                             6
the death of the attorney or by his/her removal, withdrawal, ceasing to act, suspension or
disbarment, the requirements of sections 37-61-403, 37-61-404 and 37-61-405, MCA,
shall have been fully satisfied.


Rule 11 – Judgments and Decrees.
       Whenever a judgment or decree is signed by the presiding judge it shall be
delivered to the clerk and immediately filed in the records of the court and the fee
required by law shall be forthwith paid to the clerk. Failure of parties to observe this
Rule shall be deemed a contempt of court.


Rule 12 – Exhibits.
       (a) Every exhibit placed on file or offered in evidence shall be held in the custody
of the clerk. Unless there is good reason why the original of an exhibit should be
retained, upon application, the court may order a copy filed in its place. Public records
offered in evidence may be withdrawn at the conclusion of the hearing on order of the
court.
       (b) Exhibits may be withdrawn by the party offering them thirty days after a
judgment has become final. Forty-five days after a judgment has become final, the clerk
may apply to the court for an order to dispose of exhibits, and shall notify the parties of
said application. Twenty days after mailing of said notice the court may enter its order
authorizing the clerk to dispose of exhibits.


Rule 13 – Regulation of Attorneys not Admitted to Practice in Montana.
        An attorney seeking to be admitted to practice before the court on a particular
case, who is not admitted to the Bar of Montana, and who is authorized to practice law in
the highest courts of another state, must at the time of his/her first appearance in a district
court in Montana, or within ten days thereafter, and before any further proceedings are
had in the matter, join with, of record, an attorney who is admitted to practice in Montana
and who is a resident of Montana.
        In order to hold secure the just, speedy and inexpensive determination of every
action, such local counsel must be furnished with all factual, evidentiary and legal
information necessary to act on behalf of the party and must also be vested with full and
complete authority to act on behalf of and bind the party in all matters connected with the
litigation.
        A failure of local counsel to take any action required by the Rules of Civil
Procedure or these Rules by lack of authority shall, for the purpose of imposing
sanctions, be treated as a refusal to act.


Rule 14 – Chief District Judge.


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        (a) In a multijudge district court of Montana, a chief district judge shall be selected
at the beginning of each calendar year, and the position shall rotate among the judges of
the district annually, unless the judges of the district agree otherwise. The rotation shall
commence with the most senior district judge.
        (b) The duties of the chief district judge shall be to provide for the efficient
management of the district court business, in cooperation with the other judges of the
district.


Rule 15 – Local Rules Allowed.
       Nothing in these Rules shall be construed as limiting the power of the district
courts from promulgating rules that do not conflict with these Rules.




                                              8
          PLEASE FILL OUT AND RETURN THE FOLLOWING WITHIN SEVEN (7) DAYS TO

                  MONTANA ____________JUDICIAL DISTRICT COURT, ____________COUNTY
                                 ADDRESS: _______________________
                                ______________, MONTANA __________
                                      PHONE: ________________

                      QUESTIONNAIRE AS TO QUALIFICATION FOR JURY SERVICE
                                                  (PLEASE PRINT OR TYPE)

1. Name: _______________________________________________                     Juror Number: JurorNumber
2. Address __________________________________ City _____________________________ Zip Code ___________
3. Please state the round trip mileage from your home to the court ______________
4. Telephone: Home _______________ Work ______________ Cellular _____________ Email _________________
5. How long have you resided there? ____________ Number of years in Montana? ___________________
6. Married [   ] Single [   ]     Age _______         Gender: Male [     ] Female [    ]
7. Do you have children? Yes [      ] No [   ] Ages ________________________ Gender ________________________
8. What education have you had? _____________________________________________________________________
9. Are you employed at present? Yes [        ] No [   ] Occupation _____________________________________________
10. Employer's name _______________________________ Employer's Address _______________________________
11. a. If you are married, name of spouse _______________________________________________________________
   b. If married, occupation of spouse _________________________________________________________________
   c. If retired, or not working, give last occupation _______________________________________________________
   d. If married, give spouse's employer _______________________________________________________________
12. Have you ever served as a juror? Yes [      ] No [   ] If so, in what court? ___________________________________
13. Have you or any member of your immediate family ever been injured in an accident? Yes [           ] No [     ]
   If so, what type? ________________________________________________________________________________
14. Are you or any member of your immediate family involved in law enforcement in any official capacity? Yes [ ] No [ ]
    If so, briefly explain _____________________________________________________________________________
15. Have you or any member of your immediate family ever been a plaintiff or defendant in a lawsuit? Yes [            ] No [      ]
   What type of lawsuit? ____________________________________________________________________________
16. Are you or your spouse related to an attorney? Yes [      ] No [   ] If so, his/her name and address ________________
17. Are you or your spouse presently being represented by an attorney? Yes [        ] No [   ] If so, his/her name and
   address ______________________________________________________________________________________
18. Do you have any disability which you feel would make it difficult to serve on a jury? Yes [     ] No [     ] If so, briefly
   explain the disability and the accommodations we need to provide to enable you to serve on a jury. _______________
   ______________________________________________________________________________________________
19. In order to be eligible to serve as a trial juror, you must be 18 years of age or older, a resident for at least 30 days of the
     state and of the city, town or county in which you are called for jury duty, a citizen of the United States and not convicted
     of malfeasance in office or any felony or other high crime, the sentence of which has not yet expired or the fine not yet
     paid.

20. Do you feel you should be excused from serving as a juror because of undue hardship or because you do not meet
    the eligibility requirements for jury service? Yes [ ] No [ ] If you answered "yes", please complete the Affidavit For
    Excusal on the reverse side and have your signature notarized and return to the address above.

I certify that the foregoing statements are true to the best of my knowledge and belief.

SIGNATURE ___________________________________________________ DATE ____________________________
                                                 Affidavit for Excusal



State of Montana                                            JurorName
                                                            JurorMailingAddress
County of ____________________________                      JurorMailingCity, JurorMailingState JurorMailingZip


___________________________________ (Print Name) being sworn on his/her oath, deposes and says:
Affiant is informed that he/she has been called as a trial juror in the District Court of ________________ County of the
State of Montana, to be held at _________, Montana; Affiant is applying for the following excusal and requests the Court’s
review:

      PERMANENT EXCLUSION – Must be chronically incapacitated by illness or injury (include Physician’s
        certification), or a change of residence to outside ________________County. If Court approves, the Affiant will be
        permanently excused from jury service.
        _____________________________________________________________________________________________
        _____________________________________________________________________________________________
      UNDUE HARDSHIP – Must state occupation and specific facts which Affiant believes constitutes undue hardship;
        having in mind jury service constitutes a duty of every competent citizen.
        _____________________________________________________________________________________________
        _____________________________________________________________________________________________
        _____________________________________________________________________________________________
        Note: If the Court denies your excuse, you may again submit an excuse request if you are called again for a specific
        trial date (e.g., military service, move, college, long-planned vacation, employment out of state, snowbird, unusual
        personal circumstance). If you know you will be gone for a specific period of time, please list it here:
        _____________________________________________________________________________________________
        _____________________________________________________________________________________________

                                                                 _______________________________________________
                                                                          Signature of Prospective Juror

SUBSCRIBED AND SWORN to before me this ________day of____________, 20_____

_________________________________
Notary Public for the State of Montana
Residing at: ________________________(NOTARY SEAL)
My Commission expires: ______________


                                                                        APPROVED
                                                                        NOT APPROVED
COMMENTS: ___________________________________________________________________________________
________________________________________________________________________________________________


        DATED this ________day of_________________, 20_____

                                                                                 __________________________________
                                                                                 District Judge


        JurorName
        JurorMailingAddress
        JurorMailingCity, JurorMailingState JurorMailingZip
