(a) Means of Filing. Except as otherwise provided by these rules, nothing
may be filed with the court by means other than CM/ECF, mail directed to the
clerk of court’s address for postal service, or in person delivery to the clerk’s
office. A judge’s acceptance of any paper for filing does not constitute agreement
to accept any other paper for filing.
(b) Exhibits.
(1) Identification. Exhibits must be identified and electronically filed so
as to allow the court and the parties to locate easily and refer
unambiguously to a specific page of a specific exhibit. Use of a short
descriptive name in filing the exhibit, e.g., “Smith Aff.” or “Range
Rover Vehicle Registration,” in the docket and in the text of the brief
is required. In cases involving a large number of exhibits, a
bookmarked PDF is allowable. Bookmarks within any such PDF must
provide the exhibit number and a short description of the exhibit.
(2) Excerpted Material. Excerpted material must be prominently
identified as such.
(3) Mandatory Electronic Filing of Trial/Hearing Exhibits. Unless
otherwise ordered by the court, within ten days of the conclusion of a
hearing or trial, a party must file in CM/ECF an electronic version of
each documentary exhibit admitted into evidence.
(4) Redaction. Before electronically filing exhibits, the filer must review
each exhibit and redact any sensitive, confidential, or private
information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P.
49.1, the E-Government Act of 2002, and the Guide for Filing in the
District of Montana or seek an order from the court either to seal the
exhibit or to exempt the exhibit from electronic filing and service.
Copies of any items filed under this rule shall also be served pursuant
to Fed. R. Civ. P. 5(b)(2) and Fed. R. Crim. P. 49 on any pro se
parties.
16 | P a g e
D.Mont L.R. 5.1 Filing with the Clerk
(5) Physical Exhibits. When a party offers or introduces physical exhibits
into evidence, they must electronically file a photograph of that
physical exhibit in accordance with subsection (b)(3) of this rule. The
parties shall retain all such exhibits (or a representative sample in the
case of narcotics and other contraband substances) during the
pendency of the proceeding and any appeal, and, in a criminal case,
shall retain the exhibit for an additional period of one year after the
date on which the pertinent defendant’s judgment of conviction
becomes final. Nothing contained in this Local Rule shall prevent the
court from entering an order with respect to the handling, custody, or
storage of any exhibit.
(6) Digital Exhibits not Supported by CM/ECF. Electronic records in a
format not supported by CM/ECF (e.g., audio files, video files, etc.)
must be physically submitted to the clerk’s office in the division of
venue on a DVD, CD, or a USB drive with a notice of filing. The
clerk’s office shall upload all such exhibits to a server maintained by
the clerk’s office and the docket shall reflect their location. The
DVDs, CDs, and/or USBs will not be returned and will not be
maintained by the clerk’s office.
(7) Voluminous Documents. If the size of a document (such as an
administrative record) exceeds the filing parameters set forth in the
Guide for Filing in the District of Montana, the filing party may
physically submit the filing to the clerk’s office in the division of
venue on a DVD, CD, or USB drive with a notice of filing explaining
why the filing cannot be done in CM/ECF. The clerk’s office shall file
the notice of filing in CM/ECF, upload the voluminous documents to a
server maintained by the clerk’s office, and have the docket reflect
their location. The DVDs, CD, and/or USBs will not be returned and
will not be maintained by the clerk’s office.
(8) Courtesy Copies. Counsel shall not deliver extra copies of filings to a
judge’s chambers except when requested. When requested, the
courtesy copies shall be delivered to the divisional office where the
judge’s chambers is located. Copies of exhibits provided to the clerk’s
office and chambers pursuant to court scheduling orders are
considered courtesy copies and will be destroyed unless the filing
party makes a request for their return within ten days of the conclusion
of the trial or hearing.
17 | P a g e
D.Mont L.R. 5.1 Filing with the Clerk
