MT · rules
Mont. R. Civ. P. 77
Conducting Business; Clerk’s Authority; Notice of an Order or Judgment
(a) When Court Is Open. Every district court is considered always open for filing any
paper, issuing and returning process, making a motion, or entering an order.
(b) Place for Trial and Other Proceedings. Every trial on the merits must be conducted
in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding
may be done or conducted by a judge in chambers, without the attendance of the clerk or
other court official, and anywhere inside or outside the district. But no hearing -- other
than one ex parte -- may be conducted outside the district unless all the affected parties
consent.
(c) Clerk’s Orders. Subject to the court’s power to suspend, alter or rescind the clerk’s
action for good cause, the clerk may: (A) issue process; (B) enter a default; (C) enter a
default judgment under Rule 55(b)(1); and (D) act on any other matter that does not require
the court’s action.
(d) Notice of Entry of Judgment or Order Served. Within 14 days after entry of
judgment or an order in an action in which an appearance has been made, notice of such
entry, together with a copy of such judgment or order or general description of the nature
and amount of relief and damages thereby granted, shall be served by the prevailing party
upon all parties who have made an appearance, but any other party may in addition serve
a notice of such entry in the manner provided in Rule 5 for the service of papers.
(e) Transmittal of File on Removal. Upon the filing of a copy of the petition for removal
of any state district court action to the district court of the United States, district of
Montana, and a request in writing therefor, the clerk of such state district court shall
promptly deliver to the clerk of court of the district court of the United States, district of
Montana, all papers then in the original state court file, or theretofore issued and
subsequently filed and shall keep in the state court file only the copy of the petition for
removal and such papers as were filed with the request for removal.
*** No Montana Rules 78-79.***
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
ecbb36bec12542cdaec33d7273a49539dcef82832fe4fa3c8f58f800ab3ee1ef
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