Local Rule 1.4: Means of Filing
D. Mont. — Civil rule
1.4 Means of Filing
(a) General Rules.
(1) Except as otherwise provided by these rules, nothing may be filed with the court by means other than use of the court's electronic case filing system ("CM/ECF"), mail directed to the clerk of court's address for postal service, or in-person delivery to the clerk's office.
(2) To the greatest extent possible, the record of each case, including administrative records and exhibits, will be maintained in CM/ECF and available to remote public access. If it is not possible to file an item in CM/ECF, the docket shall reflect the date of filing, a brief description, and location. All filers must follow the guidance of the clerk's office to facilitate electronic filing and to make the record legible, complete, and available for public access.
(b) Electronic Filing.
(1) Filing Guide. A Guide for Filing in the District of Montana is available on the court's website.
(2) Registered User. Use of a registered user's log-in and password to obtain access to CM/ECF constitutes use by the registered user. The clerk is authorized to require registered users to take action, such as additional training, to correct habitual filing errors.
(3) Self-Represented Litigants. Self-represented litigants may request to file electronically in civil cases through Public Access to Court Electronic Records ("PACER") by submitting a pro se e-filing registration form to the clerk of court's office. The clerk reserves the right to deny requests to file electronically. Once registered in PACER, the self-represented litigant waives their ability to file documents in paper form over the counter or through the mail. All filings by self-represented litigants must be done through PACER, by mail, or by in person delivery to the clerk's office.
(4) Technical Problems.
(A) User's Problem. Technical problems on the user's end will not excuse untimely filing. Filers must consult the Guide for Filing in the District of Montana or call the help desk during business hours.
(B) Court's Problem.
(i) The clerk of court will deem the CM/ECF filing site to be subject to a technical failure on a given day if the site is unable to accept filings for at least one hour after 10:00 a.m. that day. Known system outages will be posted on the court's website, if possible. Registered users are authorized to file nonelectronically, or by e-mail to an address posted on the website, on any day the clerk posts notice of an outage.
(ii) The clerk may post notice on the court's website extending filing deadlines for registered users to 9:00 a.m. the following business day. Registered users unable to meet the extended deadline may seek appropriate relief from the presiding judge.
(5) Judges' Requirements. A judge may require any filer to submit paper or another form of any filing in addition to filing in CM/ECF.
(6) Attorney Exemption. An attorney may seek leave to file nonelectronically by filing a motion for leave to file nonelectronically at the first appearance in the case. The clerk will not serve an attorney by mail unless leave is granted.