(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
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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.
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