Local Rule 7.1: Motions — D. Mont.

7.1 Motions

(a) Scope. Except for pleadings under Fed. R. Civ. P. 7(a), pleadings in proceedings under 28 U.S.C. §§ 2241, 2254, or 2255, or applications for a temporary restraining order, Rules 7.1 and 7.2 apply to all written requests that the court take or refrain from taking a particular action, except where another rule provides otherwise.

(b) Timeliness. All motions must be made sufficiently in advance of trial to comply with the time periods set forth in this rule or other order of the court and to avoid any delays in the trial.

(1) The text of a non-dispositive 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. This requirement does not apply to any party in a case filed by a self-represented prisoner.

(2) When a motion is unopposed, the word "unopposed" must appear in the title of the motion.

(3) Except as otherwise provided in these rules or by order, a proposed order is required and permitted only with a motion for extension of time or with an unopposed motion. All proposed orders must:

(A) be attached to the motion in PDF format as an exhibit, so that the order, as proposed, is filed in the electronic record of the case;

(B) be e-mailed to the presiding judge in Word format so the judge may alter it;

(D) omit macros or special coding or formatting other than appropriate citation format;

(E) be e-mailed only to the presiding judge's address for proposed orders; for example, a judge whose initials are XYZ would have an e-mail address of xyz_propord@mtd.uscourts.gov; and

(F) be identified in the subject line of the e-mail by the first plaintiff's last name, the case number, and an abbreviated description of the document and the moving party, for example, Smith CV 03-289-GF p-ord gr def ext time.

(4) Failure to comply with this rule may result in summary denial of the motion. Denial must be without prejudice on the first occasion and the filer must be given an opportunity to refile the motion.

(d) Briefs.

(1) Briefing Schedule.

(A) A motion, if opposed, must be accompanied by a brief in support filed at the same time as the motion. Briefs in support of a motion must be filed separately from the motion. Failure to timely file a brief will result in denial of the motion, subject to refiling in compliance with the rule.

(B) Responses.

(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was entered in the docket.

(ii) Responses to all other motions must be filed within 14 days after the motion was entered in the docket. As to these motions, except where a pro se litigant files a motion for the appointment of counsel, failure to file a response brief may be deemed an admission that the motion is well-taken.

(D) No further briefing is permitted without prior leave. A motion is deemed ripe for ruling at the close of the time for response, unless otherwise indicated in the scheduling order.

(2) Length of Briefs.

(A) Briefs in support of a motion and response briefs are limited to 6500 words.

(B) Reply briefs are limited to 3250 words.

(D) Filing serial motions to avoid word limits may result in denial of all such motions.

(E) Briefs must include a certificate of compliance with this rule stating the number of words in the brief, excluding caption, certificate of compliance, table of contents and authorities, exhibit index, and any certificate of service. An attorney may rely on the word count of a word-processing system used to prepare the brief.

(e) Argument. The court may hear argument on the record in open court, by video conference, or by telephone conference call. The court must ensure that each party's statements to the court are audible to all other participants.

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