24.5.306    BREVITY IN PLEADINGS AND FORM OF PAPER PRESENTED FOR FILING

(1) The court encourages brevity in pleadings and other documents. The court may return documents that in the court's opinion, are rambling or verbose with instructions to correct deficiencies.

(2) The parties shall file all documents in the form set forth below.

(a) The parties shall use standard quality opaque, unglazed, recycled, unnumbered, unlined, 8 1/2 x 11-inch paper.

(b) The parties shall legibly handwrite or typewrite all text.

(i) For typewritten or machine-printed text, the parties shall use a font size of no smaller than 12 points.

(ii) The court requests that the parties use a sans-serif font, preferably the Arial font. The court does not reject documents produced with a legible typeface as nonconforming.

(c) The parties shall single-space text, double-space between paragraphs, print on one side of the paper, and use a top margin of 1 1/2 inches and margins of 1 inch on all remaining sides.

(d) The parties shall place the title of the document and the page number as a footer at the bottom of the second and all subsequent pages.

(e) The parties shall leave lines 1 through 7 of the right one-half of page 1 blank for the use of the clerk.

(f) The parties shall two-hole punch the top of any document over 5 pages in length.

(g) The parties shall include the number the court has assigned to the file, if any.

(h) An attorney representing a party, or a party appearing without an attorney, shall place the name of the attorney or party appearing without an attorney, together with an address, phone number, fax number, and e-mail address, if available, in the upper left-hand corner of the first page.

(i) At least one attorney of record shall sign every pleading, motion, or other paper of a represented party in the attorney's individual name. A party who is not represented by an attorney shall sign the pleading, motion, or other paper. Except when a rule or statute specifically provides otherwise, a party need not verify the party's pleadings or include an affidavit with them. The court deems an attorney or party to have made the same representations by signing a document whether the attorney or party files by mail, hand delivery, fax, or e-mail attachment. The court deems an attorney's or party's signature on a pleading, motion, or other paper a certification that the party has read the pleading, motion, or other paper; that to the best of the party's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modification, or reversal of existing law; and that the party has not interposed it for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If an attorney or party signs a pleading, motion, or other paper in violation of this rule, the court, upon motion or upon its own initiative, imposes upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney fee. The court strikes unsigned pleadings, motions, or other papers unless, upon notification, the attorney or party promptly rectifies the omission.

 

History: 2-4-201, 39-71-2901, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2905, 39-71-2914, MCA; NEW, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.