Notice of Appearance - Montana

NOTICE OF APPEARANCE

Montana District Court -- Civil Action

1. COURT IDENTIFICATION

Judicial District: [________________________________]

Montana has 22 judicial districts:

County: [________________________________]

Department No.: [________________________________]

2. CASE CAPTION

MONTANA [________________________________] JUDICIAL DISTRICT COURT
[________________________________] COUNTY

Cause No. [________________________________]
Dept. No. [________________________________]

[________________________________],
     Plaintiff(s),

v.

[________________________________],
     Defendant(s).

3. DOCUMENT TITLE

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

4. PARTY INFORMATION

Party Represented: [________________________________]

Party's Role in This Action:

☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Cross-Defendant
☐ Counter-Claimant
☐ Counter-Defendant
☐ Intervenor
☐ Petitioner
☐ Respondent
☐ Other: [________________________________]

Party's Address:
[________________________________]
[________________________________]
[________________________________]

Party's Telephone: [________________________________]

5. ATTORNEY INFORMATION AND APPEARANCE STATEMENT

COMES NOW [________________________________], and pursuant to Mont. R. Civ. P. 5 and Mont. R. Civ. P. 11, hereby enters an appearance on behalf of [________________________________] ("Client"), the [☐ Plaintiff / ☐ Defendant / ☐ Other: ____________________] in the above-captioned matter. All further pleadings, motions, orders, and notices should be served on the undersigned at the addresses provided below.

Attorney Name: [________________________________]

Montana State Bar Number: [________________________________]

Law Firm Name: [________________________________]

Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Street Address (if different):
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

6. TYPE OF APPEARANCE

☐ General Appearance -- The undersigned enters a general appearance for the above-named party in all aspects of this civil action.

☐ Appearance as Co-Counsel -- The undersigned enters this appearance as co-counsel alongside [________________________________], MT Bar No. [________________________________]. The undersigned shall serve as:
☐ Lead Counsel
☐ Associate Counsel
☐ Local Counsel

☐ Substitution of Counsel -- The undersigned enters this appearance as substitute counsel for [________________________________], MT Bar No. [________________________________].
☐ Stipulation for Substitution of Counsel filed simultaneously
☐ Prior counsel's motion to withdraw has been granted
☐ Client's written consent to substitution is attached / on file

☐ Limited Appearance -- See Section 8 below.

7. CONSENT TO ELECTRONIC SERVICE

Pursuant to Mont. R. Civ. P. 5(b) and Montana Supreme Court Administrative Order AF 11-0765 (Montana Courts Electronic Filing):

☐ CONSENTS to electronic service through the Montana Courts Electronic Filing (MCEF) system.

MCEF Registered Email Address: [________________________________]

Additional Notification Email (if any): [________________________________]

☐ DOES NOT CONSENT to electronic service and requests service by traditional means under Mont. R. Civ. P. 5(b) (personal delivery, mailing, or facsimile).

MCEF Registration

☐ The undersigned is a registered user of the Montana Courts Electronic Filing (MCEF) system.
MCEF User Account: [________________________________]

☐ The undersigned will register for MCEF within [____] days.

☐ The undersigned is exempt from electronic filing because: [________________________________]

MCEF Note: Only attorneys registered with the Montana State Bar Association may participate in E-Filing through MCEF. E-Filing is not currently enabled for pro se litigants. Attorneys access the system through the ePass Montana login at mtefile.courts.mt.gov. Approved eFilers can file in case types including Civil (DV), Domestic Relations (DR), and other designated case types.

8. LIMITED APPEARANCE

(Complete this section only if filing a limited appearance)

Pursuant to Mont. R. Civ. P. 11(b) and Montana Rules of Professional Conduct 1.2 (Scope of Representation):

Scope of Limited Representation:

☐ Specific motion or hearing: [________________________________]

☐ Specific issue: [________________________________]

☐ Discovery phase only

☐ Trial only

☐ Settlement negotiations / mediation only

☐ Appeal only

☐ Other: [________________________________]

Detailed Description of Limitation:
[________________________________]
[________________________________]
[________________________________]

Anticipated Duration:

From: [__/__/____] To: [__/__/____]

☐ Through the conclusion of the specified proceeding(s)

Client Acknowledgment:

☐ The Client has provided written informed consent to the limited scope of this representation.
☐ A written limited scope agreement has been executed and is on file with counsel.
☐ Client understands that the attorney will seek to withdraw upon completion of the specified scope.

Termination of Limited Appearance:

Upon conclusion of the limited scope matter, the undersigned will file a Notice of Completion of Limited Scope Representation or a Motion to Withdraw, as required under Mont. R. Civ. P. 11(b)(3).

Mont. R. Civ. P. 11(b) Note: Limited scope representation allows an attorney to appear for specific proceedings or issues. The attorney remains counsel of record for the limited purposes until the court approves withdrawal. Counsel must file appropriate termination documents when the limited scope concludes.

9. PRO HAC VICE ADMISSION

(Complete this section only if appearance involves an out-of-state attorney)

Out-of-State Attorney:

Name: [________________________________]

Bar Admission(s):
| State | Bar Number | Status |
|-------|-----------|--------|
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |

Pro Hac Vice Requirements Checklist:

☐ Motion for Admission Pro Hac Vice filed

☐ Verified Petition for Special Admission filed

☐ Certificate of Good Standing from the attorney's home jurisdiction attached

☐ Pro hac vice fee paid (confirm current fee with the Clerk of Court)

☐ Disclosure of prior pro hac vice admissions in Montana

☐ Montana local counsel identified:

Name: [________________________________]
MT Bar No.: [________________________________]
Firm: [________________________________]

☐ Order Granting Pro Hac Vice Admission entered on: [__/__/____]

Montana Requirement: An out-of-state attorney must associate with a Montana-licensed attorney who will serve as local counsel and who must be present at all hearings unless excused by the court.

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all parties and counsel of record by the following means in accordance with Mont. R. Civ. P. 5(b):

☐ MCEF electronic service (Montana Courts Electronic Filing system)

☐ First-class United States mail, postage prepaid

☐ Hand delivery / personal service

☐ Facsimile transmission

☐ Email (by stipulation of parties under Mont. R. Civ. P. 5(b))

to the following:

11. SIGNATURE BLOCK

Dated this [____] day of [________________________________], [________].

[________________________________]
(Law Firm Name)


By: ____________________________________________
    [________________________________]
    Montana State Bar No. [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    Telephone: [________________________________]
    Facsimile: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

12. EFILING AND PROCEDURAL INSTRUCTIONS

Montana Courts Electronic Filing (MCEF) System

1. Access: Attorneys access MCEF through ePass Montana at mtefile.courts.mt.gov. Registration requires an active Montana State Bar membership.

2. Eligible Case Types: MCEF supports filing in Civil (DV), Domestic Relations (DR), Criminal - non-extradition (DC), Juvenile (DJ), Involuntary Commitment (DI), Youth in Need of Care (DN), Probate (DP), Guardianship/Conservatorship (DG), Adoption (DA), and Paternity (DF) cases.

3. Pro Se Litigants: E-Filing is not currently enabled for pro se litigants. All pro se filings must be made in paper at the Clerk's office.

4. Mandatory vs. Permissive: Verify whether e-filing is mandatory or permissive in the specific judicial district. Some districts have implemented mandatory e-filing by local order.

5. Filing Fees: Confirm whether filing fees are payable through MCEF or must be paid separately.

Judicial District Considerations

First Judicial District (Lewis and Clark, Broadwater)

• The First Judicial District implemented mandatory e-filing. Verify the current effective date and requirements.
• Helena (Lewis and Clark County) is the state capital and hosts many state government-related litigation matters.

Fourth Judicial District (Missoula, Mineral)

• The Fourth Judicial District has specific local rules. Consult the court's website or standing orders.
• Missoula County cases may have specialized procedures for certain case types.

Eighth Judicial District (Cascade)

• Great Falls (Cascade County) is a major urban center with specific local practices.

Thirteenth Judicial District (Yellowstone)

• Billings (Yellowstone County) is Montana's largest city. The Thirteenth District has specific local rules and procedures.

Eighteenth Judicial District (Gallatin)

• Bozeman (Gallatin County) has experienced significant growth and may have specific docketing requirements.

All Districts

• Montana's 22 judicial districts vary significantly in size, caseload, and local practices.
• Always consult the Uniform District Court Rules (UDCR) and any applicable local rules or standing orders.
• Courtesy copies for the judge may be required in some departments. Consult local standing orders.

Service Requirements Under Mont. R. Civ. P. 5(b)

• Service of pleadings and papers (other than the summons and complaint) must be made upon each party's attorney of record.
• Service may be made by personal delivery, mailing, electronic means (with consent or through MCEF), or facsimile.
• Attorneys and parties may stipulate to electronic service under Mont. R. Civ. P. 5(a)(1), with all parties accepting electronic service required to sign a stipulation filed with the Court.

Important Practice Considerations

• Appearance vs. Answer: Filing a Notice of Appearance does not constitute an answer or responsive pleading. The 21-day answer period under Mont. R. Civ. P. 12(a) continues to run.
• Withdrawal: Withdrawal of counsel requires compliance with Mont. R. Civ. P. 11(b)(3). The court may deny withdrawal if it would prejudice the client or delay proceedings.
• Substitution: When substituting for prior counsel, coordinate with the departing attorney and file a stipulation or motion as required.
• Courtesy Copies: Some departments and judges require courtesy copies of filed documents. Consult local standing orders.

13. PRACTITIONER NOTES -- MONTANA-SPECIFIC

Court Structure

• District Court: Montana's courts of general jurisdiction. 22 judicial districts, with 56 district court judges.
• Justice Court: Limited jurisdiction courts handling civil claims up to $12,000.
• City Court: Limited jurisdiction in incorporated cities.
• Water Court: Specialized court for water rights adjudication (statewide jurisdiction).
• Workers' Compensation Court: Specialized court for workers' compensation disputes.

Montana State Bar Number

• Montana attorneys are identified by their State Bar number.
• This number must appear on all court filings.
• Verify current active status with the State Bar of Montana at montanabar.org.

Uniform District Court Rules (UDCR)

• The UDCR govern practice in all Montana district courts.
• Updated periodically by the Montana Supreme Court. The most recent version with 2025 redline amendments is available on the Montana Courts website.
• Local rules may supplement the UDCR. Check for district-specific local rules.

Geographic Considerations

• Montana is the fourth-largest state by area but has a relatively small population.
• Some judicial districts cover vast geographic areas with relatively few attorneys.
• Remote appearances by telephone or video may be available in some districts. Consult local standing orders.
• Travel distances between courthouses in multi-county districts can be significant.

Montana-Specific Terminology

• Montana uses "Cause No." rather than "Case No." in many courts.
• "Dept. No." (Department Number) refers to the specific judge or division within a district.
• Montana's procedural rules closely follow the Federal Rules of Civil Procedure.

Filing Fees (Subject to Change)

• District Court civil filing fees are set by the Montana Legislature.
• Confirm the current fee schedule with the Clerk of District Court.
• Fee waiver (In Forma Pauperis) may be available under Montana law for qualifying indigent litigants.

Key Differences from Federal Practice

• Montana Rules of Civil Procedure closely mirror the Federal Rules but are not identical.
• The MCEF system is Montana's state e-filing platform, distinct from CM/ECF used in the U.S. District Court for the District of Montana.
• Montana uses "Cause No." and "Dept. No." in its case caption format.
• The 22 judicial district structure means local practices vary more than in a unified federal district.
• Montana's discovery rules under Mont. R. Civ. P. 26-37 parallel but may differ from the Federal Rules on specific points.

Water Court and Specialized Proceedings

• Montana's Water Court adjudicates water rights claims statewide. Appearances in Water Court follow specialized procedures.
• Workers' Compensation Court has its own procedural rules and appearance requirements.

This template is designed for use in Montana District Courts. Verify all rule citations, MCEF status, and local requirements before filing. Court rules and standing orders are subject to change. Check courts.mt.gov for current forms and rules.