State Court Stipulation and Order — Montana

STIPULATION AND [PROPOSED] ORDER

Montana District Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a Montana civil action have reached an agreement on one or more issues and wish to memorialize that agreement as a stipulation, submitted to the Court with a proposed order for judicial adoption. Stipulations are commonly used in Montana district court practice for scheduling modifications, discovery agreements, continuances, case management adjustments, settlement terms, and voluntary dismissals.

Montana district court civil practice is governed primarily by the Montana Rules of Civil Procedure (Mont. R. Civ. P.) and the Uniform District Court Rules. The District Court has original jurisdiction over civil matters pursuant to MCA § 3-5-302. Stipulations that require court approval — such as modifications to scheduling orders, continuances, and settlement orders — must be presented as a joint motion or stipulation with an attached proposed order and filed through the Montana Courts electronic filing system where applicable.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

☐ Verify the assigned judge's standing orders and any local rules for the judicial district

☐ Confirm compliance with Mont. R. Civ. P. 7(b)(1) — motions must state the grounds and the relief sought

☐ If modifying an Order Setting Deadlines, confirm compliance with Mont. R. Civ. P. 16(b)(4) and demonstrate good cause for the modification

☐ Confirm that Montana Courts e-filing registration is current for all attorneys of record in the applicable judicial district

☐ Attach any referenced exhibits, prior scheduling orders, or declarations in support

☐ Prepare an editable Word version of the proposed order if required by chambers

☐ Include a Certificate of Service reflecting service on all parties per Mont. R. Civ. P. 5(b)

☐ Review the applicable local district court rules — Montana's 22 judicial districts each maintain their own local rules

SECTION 1: CASE CAPTION

STATE OF MONTANA

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA

IN AND FOR THE COUNTY OF [________________________________]

(Select Court Level)

☐ District Court (General Civil Jurisdiction — per MCA § 3-5-302)

☐ Justice Court (Limited civil jurisdiction — per MCA § 3-10-101)

Cause No.: [________________________________]

Department No.: [________________________________]

Judge Assigned: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the Montana Rules of Civil Procedure, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the [____] Judicial District Court of the State of Montana, in and for the County of [________________________________].

2. The Court entered the following relevant Order Setting Deadlines or prior order(s) on [__/__/____]: [________________________________].

3. The Parties have conferred in good faith and represent that the relief requested is supported by good cause pursuant to Mont. R. Civ. P. 6(b) and/or Mont. R. Civ. P. 16(b)(4).

4. The current status of the case is as follows: [________________________________].

5. The basis for this Stipulation is as follows: [________________________________].

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's Order Setting Deadlines pursuant to Mont. R. Civ. P. 16(b)(4). The Parties represent that good cause exists for the modification as follows: [________________________________]. A scheduling order may only be modified for good cause and with the judge's consent. Mont. R. Civ. P. 16(b)(4). The requested modification ☐ will not / ☐ will affect the trial setting.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to Mont. R. Civ. P. 29. The Parties agree that: [________________________________]. Under Mont. R. Civ. P. 29, parties may by written stipulation provide that depositions may be taken before any person, at any time or place, upon any notice, and may modify other discovery procedures, unless the court orders otherwise.

☐ Continuance — The Parties jointly request a continuance of the hearing/trial currently scheduled for [__/__/____] to the next available date or a date convenient to the Court. The Parties represent that this continuance is necessary because: [________________________________].

☐ Dismissal — The Parties stipulate to dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to Mont. R. Civ. P. 41(a)(1)(B), which permits dismissal by a stipulation signed by all parties who have appeared. Each party shall bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement agreement and stipulate to the following terms being incorporated into a court order for enforcement purposes: [________________________________].

☐ Protective Order / Confidentiality — The Parties agree to the entry of a protective order governing [________________________________] pursuant to Mont. R. Civ. P. 26(c).

☐ Expert Witness Disclosure Modification — The Parties agree to modify the expert witness disclosure schedule under Mont. R. Civ. P. 26(a)(2) as follows: Plaintiff's expert disclosures: [__/__/____]; Defendant's expert disclosures: [__/__/____]. Reason: [________________________________].

☐ Other — [________________________________]

3.4 Good Cause Statement

Good cause exists for the relief requested because: [________________________________].

The Parties represent that they have been diligent in conducting this litigation and that the need for this stipulation arises from: [________________________________].

Under Mont. R. Civ. P. 6(b)(1), the court may, for good cause, extend the time within which any act required or allowed by the rules is to be done. If the original time has expired, the court may extend time only on motion and upon a showing of excusable neglect under Mont. R. Civ. P. 6(b)(1)(B). The Parties represent that ☐ this request is timely / ☐ the failure was the result of excusable neglect as follows: [________________________________].

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial setting or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties reserve all rights not specifically modified by this agreement.

3.7 Authority to Stipulate

Each undersigned attorney represents that he or she has full authority from his or her respective client to enter into this Stipulation and to bind said client to the terms set forth herein.

3.8 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order pursuant to Mont. R. Civ. P. 58 and any applicable standing orders or local rules of the [____] Judicial District Court.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

DATED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

Montana Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], Montana [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

Montana Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], Montana [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Street Address)

[________________________________], Montana [________]

Telephone: [________________________________]

Email: [________________________________]

Pro Se ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq. / Pro Se

Montana Bar No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

STATE OF MONTANA

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA

IN AND FOR THE COUNTY OF [________________________________]

Cause No.: [________________________________]

Department No.: [________________________________]

ORDER

Upon consideration of the Parties' Joint Stipulation filed on [__/__/____], and the Court having reviewed the same and found good cause appearing, it is hereby:

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Parties' Stipulation is APPROVED and INCORPORATED herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

It is FURTHER ORDERED that all other deadlines, requirements, and provisions of prior orders of this Court shall remain in full force and effect unless specifically modified above.

The Clerk of Court is directed to serve a file-stamped copy of this Order on all parties of record.

DATED this [____] day of [________________________________], 20[____].

_______________________________________________

Honorable [________________________________]

District Court Judge, Department [____]

[____] Judicial District, [________________________________] County, State of Montana

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court using the Montana Courts electronic filing system, which will provide electronic service notification to the following registered counsel of record:

I further certify that a true and correct copy was served by the following method on parties not registered for electronic filing, pursuant to Mont. R. Civ. P. 5(b):

☐ U.S. Mail, first-class postage prepaid, pursuant to Mont. R. Civ. P. 5(b)(2)(C)

☐ Hand delivery pursuant to Mont. R. Civ. P. 5(b)(2)(A)

☐ Facsimile pursuant to Mont. R. Civ. P. 5(b)(2)(D)

☐ Electronic mail by written consent pursuant to Mont. R. Civ. P. 5(b)(2)(E)

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

Montana Bar No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel before drafting the stipulation

☐ Identify the controlling Mont. R. Civ. P. rule(s) authorizing the relief (e.g., Rules 6(b), 16(b), 26(a)(2), 29, 41(a), 58)

☐ Review the assigned judge's standing orders and any applicable local rules for the judicial district

☐ Check the Court's Order Setting Deadlines for any provisions restricting modifications or requiring specific showings

☐ Confirm Montana Courts e-filing registration for all filing attorneys in the applicable judicial district

☐ Determine whether local district court rules require additional procedures (all 22 judicial districts maintain local rules)

☐ Draft the proposed order in a format consistent with the judge's preferences; prepare an editable Word version if directed by chambers

Filing

☐ Log in to the Montana Courts e-filing system and select the correct case

☐ Upload the Stipulation as the lead document with the appropriate filing code

☐ Attach the Proposed Order as a separate document

☐ Attach any supporting exhibits, declarations, or prior orders referenced in the stipulation

☐ Confirm the filing is accepted and note the confirmation number

Post-Filing

☐ Verify e-filing service notifications were transmitted to all registered counsel

☐ Serve non-e-filing participants by mail or other authorized method under Mont. R. Civ. P. 5(b)

☐ Complete the Certificate of Service and retain a copy

☐ Calendar any new deadlines set by the stipulation

☐ Monitor the court's docket for entry of the Order

☐ Upon entry of the Order, update the case management schedule and notify the client

SECTION 8: MONTANA-SPECIFIC PRACTICE NOTES

Montana Courts Electronic Filing System

Montana has implemented electronic filing in its district courts through the Montana Courts e-filing system. All documents must be submitted in PDF format. Attorneys must be registered users. Check the Montana Courts website (courts.mt.gov) for current e-filing requirements, participating judicial districts, and updated procedures.

Local Rules — Montana's 22 Judicial Districts

Montana is organized into 22 judicial districts, each covering one or more counties. Each judicial district maintains its own local rules of practice that supplement the statewide Montana Rules of Civil Procedure. Before filing a stipulation, practitioners should review the local rules for the applicable judicial district. Local rules often address the format and content requirements for stipulated orders, the judge's preferences for Word versions of proposed orders, and hearing procedures.

Mont. R. Civ. P. 29 — Stipulations Regarding Discovery Procedure

Under Mont. R. Civ. P. 29, the parties may, by written stipulation, provide that depositions may be taken before any person, at any time or place, upon any notice, and may modify the procedures provided by the rules for other methods of discovery, unless the court orders otherwise. Stipulations that would extend discovery deadlines established in the Court's Order Setting Deadlines generally require court approval under Mont. R. Civ. P. 16(b)(4).

Mont. R. Civ. P. 16(b) — Scheduling Orders and Case Management

Montana district courts issue an Order Setting Deadlines under Mont. R. Civ. P. 16(b) that establishes discovery, expert disclosure, dispositive motion, and trial deadlines. Modification of a scheduling order requires a showing of good cause under Mont. R. Civ. P. 16(b)(4). The Parties should specifically identify the order provision(s) being modified and the reason good cause exists. Modifications that affect the trial setting will typically require the Court's express approval at a hearing or by separate motion.

Mont. R. Civ. P. 41(a)(1)(B) — Stipulated Dismissal

Under Mont. R. Civ. P. 41(a)(1)(B), an action may be dismissed without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Unless the stipulation states otherwise, the dismissal is without prejudice. If costs are at issue, address them expressly in the stipulation. Note that Montana follows the "two-dismissal rule" — a second dismissal on the same claim operates as an adjudication on the merits.

Mont. R. Civ. P. 6(b) — Enlargement of Time

Under Mont. R. Civ. P. 6(b)(1), the court may, for good cause, extend the time within which any act required or allowed by the rules is to be done. Extensions after the original deadline has passed require a showing of excusable neglect. Stipulations requesting extensions of court-imposed deadlines should cite Mont. R. Civ. P. 6(b) and articulate the specific good cause or excusable neglect basis.

Mont. R. Civ. P. 26(a)(2) — Expert Witness Disclosures

Expert witness disclosures are required under Mont. R. Civ. P. 26(a)(2) and are typically governed by deadlines set in the Order Setting Deadlines. Modifications to expert disclosure deadlines that are tied to scheduling order deadlines require court approval. The disclosure must include a written report prepared and signed by the expert if the expert is retained or specially employed to provide expert testimony.

MCA § 3-5-302 — District Court Jurisdiction

Montana district courts have original jurisdiction in all civil matters not exclusively cognizable in any other court under MCA § 3-5-302. District courts also have appellate jurisdiction over justice courts.

Sources and References

• Montana Rules of Civil Procedure: Montana Courts — Rules
• Montana Code Annotated Title 25 — Civil Procedure: leg.mt.gov
• Montana Courts Electronic Filing: courts.mt.gov
• Uniform District Court Rules: courts.mt.gov
• MCA § 3-5-302 — District Court Jurisdiction: Montana Legislature
• Local District Court Rules (all 22 judicial districts): courts.mt.gov — District Court Rules
• Montana State Bar Association: montanabar.org

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.