Local Rule 3.1: Filing a New Case
D. Mont. — Civil rule
3.1 Filing a New Case
(a) Required Items. The following items are required to file a new case:
(1) a complaint, petition, or other originating document;
(2) unless the originating document is a petition for writ of habeas corpus, payment of the full amount of the filing fee or a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a); and
(3) a civil cover sheet, unless the litigant is self-represented.
(b) Patent, Trademark, and Copyright Cases. In addition to the items listed above, a party filing a patent, trademark, or copyright case or claim must:
(1) complete the appropriate report using Form AO-120 or Form AO-121, available on the court's website;
(2) file the report;
(3) deliver the report to third parties as directed by the form; and
(4) update the report and the filing as required by 15 U.S.C. § 1116(c) including but not limited to:
(A) Each time an amended pleading, answer, cross or counterclaim involving any additional patent, trademark or copyright is filed; and
(B) Upon termination of the action.
(c) Social Security Cases. Plaintiffs asserting only a claim under 42 U.S.C. § 405(g) must, no later than the time the complaint is served, provide the plaintiff's full name and social security number by hand or by postal service to SSA Clerk, U.S. Attorney's Office, 2601 2nd Ave. North, Suite 3200, Billings, MT 59101. The case will proceed under L.R. 78.2.
(d) Manner of Filing.
(1) Electronic Filing. Any attorney or party who is authorized to file documents with the court electronically may file a new case by following procedures established by the clerk of court and published in the Guide for Filing in the District of Montana which is available on the court's website. Failure to comply with the clerk's procedures may result in delay in filing.
(2) Nonelectronic Filing. Any attorney or party may file a new case by mailing or personally delivering to the clerk each of the required items in paper form. All required items must be received simultaneously; otherwise, items may be returned without filing or other record of submission. The filing date will be the date of the clerk's receipt of all required materials.
(e) Complaints Accompanied by Motions to Proceed in Forma Pauperis.
(1) A complaint that is accompanied by a motion to proceed in forma pauperis is deemed lodged until the motion is decided.
(2) When a motion to proceed in forma pauperis is granted, the complaint is deemed filed on the date the complaint was lodged, except where an earlier filing date is provided by law.
(3) When a motion to proceed in forma pauperis is denied, the movant must be given a specified time of not less than 14 days to pay the full filing fee.
(A) If full payment is timely received, the complaint is deemed filed on the date the complaint was lodged, except where an earlier filing date is provided by law.
(B) If full payment is not timely received, the action is dismissed.
(f) Cases Filed Under Seal. When a party files a civil action authorized to be initiated under seal, such as a qui tam action, the title of the pleading must include the phrase "TO BE FILED UNDER SEAL," followed by pinpoint citation to the statutory or other federal authority for sealing, for instance, in a qui tam action, 31 U.S.C. § 3730(b)(2). The case will be filed and conducted under seal without further leave of court unless the presiding judge orders otherwise.