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IN THE SUPREME COURT OF THE STATE OF MONTANA 

 _____________ 

IN RE THE ADOPTION OF UNIFORM ) 

CASE FILING STANDARDS FOR ) O R D E R 

DISTRICT COURTS ) 

 ______________ 

On April 22, 2005, the District Court Council (DCC) statutorily created to implement 

state assumption of district court expenses and allocate resources among the district courts, 

among other things, petitioned the Court to adopt Uniform Case Filing Standards for the 

District Courts. The DCC, together with the invaluable assistance of the Clerks of the 

District Courts, worked on these filing standards for approximately two years. The district 

courts and the clerks have had several opportunities to comment on, and seek revision of, the 

proposed uniform case filing standards. The courts, the clerks and the DCC are now satisfied 

with the filing standards and the DCC adopted them at its meeting on April 22, 2005. 

The uniform filing standards will create a uniform filing system in all district courts 

which will promote consistency, and provide for efficient and effective administration of 

court business. The standards also will enable the clerks and courts to collect and report 

accurate and consistent statewide statistical information regarding the caseloads in the 

various district courts. In turn, this information will provide necessary management and 

resource allocation data. 

The DCC requests that these uniform case filing standards be adopted without delay 

and without public comment, with an effective date of January 1, 2006. The DCC suggests 

that the time lag is necessary to provide sufficient time for training Clerks, county attorneys 

and others who will be impacted by the standards, and we agree. We also agree that public 

comment is not necessary on the standards since they are primarily an internal management 

and resource allocation tool of which the Clerks, District Courts and many, if not all, county 

attorneys are already aware. 

THEREFORE, 
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IT IS ORDERED that the DCC's petition for adoption of the Uniform Case Filing 

Standards for the District Courts is GRANTED; 

IT IS FURTHER ORDERED that the Uniform Case Filing Standards for the District 

Court, attached hereto and incorporated by reference herein, are adopted as of this date, with 

an effective date of January 1, 2006. 

The Clerk is directed to mail a true copy of this Order and the adopted standards to the 

District Court Council, to the Executive Director of the State Bar of Montana with a request 

that the Order be included in the next issue of the Montana Lawyer and that the Order and 

adopted standards be posted on the State Bar's website, and to the State Law Library with a 

request that the Order and standards be posted on its website, as well as the Court's website. 

DATED this 3rd day of May, 2005. 

 /S/ KARLA M. GRAY 

 /S/ PATRICIA COTTER 

 /S/ JOHN WARNER 

 /S/ JAMES C. NELSON 

 /S/ JIM RICE 

 /S/ BRIAN MORRIS 
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Montana Judicial Branch

District Court

Uniform Caseload Filing Standards 

The District Court Council is preparing to conduct a study of workload across its 22 Judicial 

Districts in order to determine a means for the most effective and appropriate allocation of resources. 

 This study will be based on quantitative data regarding caseload in each of the state’s 56 District 

Courts. In advance of this study, the DCC is completing development of a unified method to count 

cases and report caseload statistics across District Courts. The implementation of a unified case 

counting system will ensure that data regarding caseload reported by each District Court is 

consistent and can be used as a meaningful tool to determine the appropriate need for resources in 

each District Court. 

Through this process, 13 District Court case types were identified. Within each case type decisions 

were made as to the procedures for the following key events relative to the maintenance of the court 

record in the office of the Clerk of Court: (1) OPENING of the case file; (2) CLOSING of the case file; 

(3) REOPENING of the case file; (4) designation of the case file as INACTIVE; and (5) other procedures 

based on a specific case type. 

These procedures are intended solely for purposes of record-keeping within the office of the Clerk of 

Court. 

Please note that terms such as “order,” “judgment,” “petition,” et al are used generically in many 

places throughout the document. 
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I - CRIMINAL (DC)

A criminal case file shall be OPENED upon the filing of an initial criminal pleading. A separate case 

file shall be OPENED and case number assigned for each named defendant, inclusive of all criminal 

charges relating to the same event or events. Multiple charges involving the same criminal 

defendant and relating to the same incident or event shall be filed as separate counts under the same 

case number. The issuance of a judgment, an order of dismissal or denial of initial criminal 

pleading, or the filing of a signed agreement to defer prosecution of all charges relative to a case, 

shall CLOSE the case. Following an agreement for deferred prosecution and prior to the issuance of 

final judgment in a case, a motion filed by any party to the case, or the rearrest of the defendant in 

the instant matter, shall REOPEN the case file. A case in which no action has been taken for a period 

of 2 or more years shall remain pending but shall be identified as ‘PENDING WITHOUT ACTIVITY’ for 

purposes of record-keeping only in the office of the Clerk of Court. 

OPENED: Upon the filing of an initial criminal pleading. Each defendant 

assigned a separate case number, inclusive of all criminal charges 

relating to the same event or events.

CLOSED: Upon the issuance of a judgment or order of dismissal or denial of 

original criminal pleadings. 

Upon the filing of a signed agreement to defer prosecution of all 

charges. 

Upon the issuance of a judgment or order deferring or suspending 

sentence. 

Upon the issuance of any post-judgment and sentencing court order. 

REOPENED:1 Following an agreement for deferred prosecution and prior to the 

issuance of final judgment in a case, a motion filed by any party or 

the arrest of the defendant in the instant matter shall REOPEN the 

criminal case. 

Upon the filing of a petition to revoke and/or any post-judgment 

pleading. 

PENDING WITHOUT ACTIVITY:

Where no action has been taken for a period of 2 or more years, the 

criminal case shall be designated as PENDING WITHOUT ACTIVITY

solely for purposes of record-keeping by the Clerk of Court. 

Effect of NOTICE OF APPEAL

 

1 Petitions for writ of habeas corpus and petitions for post conviction relief are included in the civil case counts.
3

Upon the transmission by the Clerk of Court of the record for appeal, 

the case file shall be CLOSED. Receipt of Remittitur shall REOPEN

any case and closure shall be determined by entry of a subsequent 

final order. 
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II - Civil2 (DV)

There will be one filing and case number assigned for each initial complaint or petition filed with the 

court. A case shall be OPENED upon the filing of an initial complaint, petition, or foreign judgment. 

A case shall be deemed CLOSED for record-keeping purposes upon the issuance by the court of a 

final judgment or order. The filing of post-judgment motions shall REOPEN the case under the same 

file number. Where, prior to the issuance of a final judgment or order, no activity has occurred in a 

civil case for a period of 3 or more years, the case shall be deemed INACTIVE for record-keeping 

purposes by the Clerk of Court. If process of service has not been completed in a period of 3 or 

more years following the filing of an initial complaint or petition, the case shall be presented to the 

court for dismissal. 

Where a Notice of Appeal is received on a case that has been CLOSED for record-keeping purposes 

following the issuance of a final judgment or order the case shall be REOPENED. Upon the 

transmission by the Clerk of Court of the record for appeal, the case file shall be CLOSED. Receipt of 

Remittitur shall REOPEN any case and closure shall be determined by entry of a subsequent final 

order.

OPENED: Upon the filing of an initial complaint, petition or foreign judgment. 

Each initial complaint or petition shall be assigned a separate case 

number, inclusive of all parties named in the complaint or petition. 

CLOSED: Upon the issuance by the Court of a final judgment or order. 

REOPENED: Upon the filing of post-judgment motions. 

INACTIVE: Where, prior to the issuance of a final judgment or order, no activity 

has occurred in a civil case for a period of 3 or more years, the case 

shall be deemed INACTIVE for record-keeping purposes by the Clerk 

of Court. If process of service has not been completed in a period of 

3 or more years following the filing of an initial complaint or petition, 

the case shall be presented to the court for DISMISSAL. 

Effect of NOTICE OF APPEAL

Upon the transmission by the Clerk of Court of the record for appeal, 

the case file shall be CLOSED. Receipt of Remittitur shall REOPEN

any case and closure shall be determined by entry of a subsequent 

final order. 

 

2 It should be noted that this document provides for the maintenance and tracking of court records collectively for all other civil 

matters in the offices of the District Court Clerk of Court. This category includes petitions for writ of habeas corpus and petitions for 

post conviction relief. In evaluating the workload and determining the need for court resources based on caseload, it may be 

important to break this category down further to distinguish civil case types based on their level of complexity and the correlating 

workload.
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III - ADOPTIONS (DA)

An adoption case will be OPENED and a case number assigned upon the filing of a petition for 

adoption. Each prospective adoptee will be assigned a separate case number. Where a petitioner 

seeks to simultaneously adopt more than one sibling of the same natural parents, each adoptee will 

be assigned a separate case number, but the same judge will preside over all such adoptions. An 

adoption case will be CLOSED upon the issuance of a decree of adoption or an order of dismissal. 

The filing of a petition, motion, or application to release information or unseal an adoption, or a 

petition to invalidate an adoption, shall REOPEN the case with the same case number. The case shall 

be CLOSED upon a post-decree court order. A case in which no action has been taken for 3 or more 

years shall be deemed INACTIVE for purposes of record-keeping by the Clerk of Court. 

Upon receipt of a Notice of Appeal by the District Court Clerk of Court, a District Court case file 

shall be designated as CLOSED for purposes of record-keeping. Upon receipt by the court of a 

remittitur, the Clerk of Court may REOPEN the case under the same case number. Closure shall be 

determined by entry of subsequent final order. 

OPENED: Upon the filing of a petition for adoption. 

Each individual adoptee will be assigned a separate case number. 

CLOSED: Upon the issuance of a decree of adoption or an order of dismissal. 

Upon a post-decree court order. 

REOPENED: Upon the filing of a petition, motion, or application to release 

information or unseal an adoption, or upon a petition to invalidate an 

adoption. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 

Effect of NOTICE OF APPEAL:

Upon receipt by the Office of the Clerk of Court of a Notice of 

Appeal, the case shall be CLOSED for purposes of record-keeping. 

The case file shall be REOPENED upon receipt of a remittitur in the 

office of the Clerk of Court. Closure shall be determined by entry of 

subsequent final order. 
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IV - Guardian/Conservator (DG)

There will be one filing for each protected person with a case file OPENED and case number assigned 

upon the filing of a petition for appointment of guardian or conservator. There will be one filing and 

case number assigned for each initial petition filed with the court. In the event a guardianship or 

conservatorship is terminated, the case shall be deemed CLOSED for purposes of record keeping. A 

new guardianship or conservatorship (following termination of a prior guardianship or 

conservatorship) filed involving the same protected person shall be filed and a new case number 

assigned. In the event that a petition seeks guardianship of more than one protected person, a 

separate case number shall be assigned to each protected person, but the same judge will preside 

over all guardianship proceedings. Where no action has been taken for 3 or more years, the case 

shall be deemed INACTIVE for purposes of record-keeping. 

OPENED: Upon the filing of a petition for appointment of guardian or 

conservator. Each individual subject of a petition for appointment of 

guardian or conservator will be assigned a separate case number.

CLOSED: Upon the termination of a guardianship or conservatorship. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 
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V- JUVENILE (DJ)

There will be one file number assigned to each juvenile with a case file OPENED and case number 

assigned upon the filing of an initial Youth Court pleading. New offenses or revocation of probation 

shall REOPEN the same file number. This file number shall stay with the juvenile until he or she 

reaches their eighteenth birthday. It is necessary that Youth Court be familiar with the history of the 

youth. Any new petitions shall be filed as a consecutively numbered petition within the original 

case file and case number. Each new petition shall be considered as a new filing for reporting 

purposes. Cases shall be deemed CLOSED for purposes of record-keeping upon the issuance of a 

consent decree or final order. Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 

OPENED: Upon the filing of an initial Youth Court filing, petition or pleading. 

Each juvenile will be assigned a separate case number. The case 

number shall stay with the juvenile until he or she reaches the age of 

18. 

CLOSED: Upon the issuance of a consent decree or final order. 

REOPENED: Upon the filing of a subsequent pleading for a new criminal charge or 

revocation of probation relative to a juvenile previously seen by the 

court, the original file shall be REOPENED with the originally assigned 

case number. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 
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VI – Child Abuse and Neglect (DN)

A separate case file shall be OPENED and case number assigned for each child.3 The case shall be 

OPENED upon the filing of a petition or complaint. The case shall be deemed CLOSED for recordkeeping purposes upon issuance of an order to terminate parental rights or other final court order. 

The case files for each child, if filed simultaneously, shall be presided over before the same District 

Court judge but shall not be consolidated under the same case number. A case file shall be 

REOPENED upon the filing of a petition for review of a permanency plan. A case file shall be 

CLOSED upon the issuance of a post-termination court order. Where no action has been taken for 3 

or more years, the case shall be deemed INACTIVE for purposes of record-keeping. 

Upon receipt of a Notice of Appeal by the District Court Clerk of Court, a District Court case file 

shall be designated as CLOSED for purposes of record-keeping. Upon receipt by the court of a 

remittitur, the Clerk of Court may REOPEN the case under the same case number. Closure shall be 

determined by entry of subsequent final order. 

OPENED: Upon the filing of a petition or complaint. Each individual child shall 

be assigned a separate case number. 

CLOSED: Upon the issuance of an order to terminate parental rights or other 

court order. 

Upon the issuance of a post-termination court order. 

REOPENED: Upon the filing of a petition for review of permanency plan. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping.

Effect of NOTICE OF APPEAL:

Upon receipt by the Office of the Clerk of Court of a Notice of 

Appeal, the case shall be CLOSED for purposes of record-keeping. 

The case file shall be REOPENED upon receipt of a remittitur in the 

office of the Clerk of Court. Closure shall be determined by entry of 

subsequent final order. 

 

3 Many children have different putative fathers and the information included in the same files is protected from dissemination to

some of the parties in the same case. The purpose behind this rule is to protect the confidential information related to one child 

from an individual who may be related to a stepbrother or a stepsister, but not related to the child in question. 
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VII - PROBATE (DP)

There shall be one case filing per decedent. The case shall be OPENED upon the filing of an 

application or petition to establish probate or a petition for appointment of a special administrator. 

A case shall be CLOSED upon entering of a decree of distribution or a sworn closing statement of the 

personal representative. A petition filed to reopen an estate will REOPEN the original case. A case 

will be placed in an INACTIVE status if no case activity has been recorded in the court record for a 

period of 2 or more years. M.C.A. §72-3-1015. 

OPENED: Upon the filing of an application or petition to establish probate or 

the filing of a petition for appointment of a special administrator. 

Each individual decedent assigned a separate case number. 

CLOSED: Upon the entering of a decree of distribution or a sworn closing 

statement of a personal representative. 

REOPENED: A petition filed to reopen an estate will REOPEN the case under with 

the same case number. 

INACTIVE: Where no case activity has been recorded in the court record for a 

period of 2 or more years the case shall be designated INACTIVE. 
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VIII - DOMESTIC RELATIONS (DR)

A domestic relations filing shall include orders of protection, restraining orders, parenting plans, 

visitation, child support, dissolution of marriage, invalidity of marriage, and any subsequent 

modifications to the above. The case file shall be OPENED upon the filing of an application or 

petition or upon the filing of a foreign judgment. Upon the filing of any post-judgment motion or 

other pleading, the original file shall be REOPENED with the same case number. An application or 

petition brought by a party not named in the original petition shall initiate a new case file and case 

number. The case file shall be CLOSED upon the issuance of any final order. Where no action has 

been taken for 3 or more years, the case shall be deemed INACTIVE for purposes of record-keeping. 

For purposes of clarification, this classification does not include paternity actions. 

Where a Notice of Appeal is received on a case that has been CLOSED for record-keeping purposes 

following the issuance of a final judgment or order the case shall be REOPENED. Upon the 

transmission by the Clerk of Court of the record for appeal, the case file shall be CLOSED. Receipt of 

Remittitur shall REOPEN any case and closure shall be determined by entry of a subsequent final 

order.

OPENED: Upon the filing of an application, petition, or foreign judgment. An 

application or petition brought by a party not named in the original 

petition or application shall initiate a new case file and case number. 

CLOSED: Upon the issuance of a final decree or final order. 

Upon the issuance of a post-decree final order. 

REOPENED: Motion or other pleading filed post-decree shall REOPEN the original 

file with the same case number. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 

Effect of NOTICE OF APPEAL:

Upon the transmission by the Clerk of Court of the record for appeal, 

the case file shall be CLOSED. Receipt of Remittitur shall REOPEN

any case and closure shall be determined by entry of a subsequent 

final order. 
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IX – PATERNITY (DF)

There will be one file number assigned to each child for the sole purpose of the application or 

petition for the establishment of paternity. A case shall be OPENED upon the filing of the application 

or petition for establishment of paternity. All related actions, including orders for child support and 

parenting plans, shall be recorded as separate Domestic Relations matters. A paternity case will be 

CLOSED upon a dismissal of an application or petition for the establishment of paternity or upon the 

issuance of an order of paternity. 

A case in which no action has been taken for 3 or more years shall be deemed INACTIVE by the court. 

 

OPENED: Upon the filing of an application or petition for the establishment of 

paternity. A separate case number shall be assigned for each child 

who is the subject of a petition or application for the sole purpose of 

the establishment of paternity. Note: Related actions, including 

orders for child support and parenting plans, shall be recorded as 

separate Domestic Relations matters.

CLOSED: Upon the issuance of an order of paternity or other final court order. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 
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X - COMMITMENT OF A PERSON WITH 

DEVELOPMENTAL DISABILITY (DD)

There will be one filing for each protected person with a case file OPENED and case number assigned 

upon the filing of a petition for commitment. On the issuance of an order of commitment, the case 

shall be CLOSED. A new filing shall REOPEN the same file number. This file number shall stay with 

the protected person. It is necessary that judge be familiar with the history of the person. Any new 

petitions shall be filed as a consecutively numbered petition within the original case file and case 

number. Each new petition shall be considered as a new filing for reporting purposes. Upon the 

filing of a petition for recommitment the case shall be REOPENED under the same case number. Any 

petition for recommitment shall be filed as a consecutively numbered petition within the original 

case file and case number. Each petition for recommitment shall be considered as a new filing for 

reporting purposes. If a petition for recommitment is filed in a different county than the original 

petition for commitment, a case file shall be OPENED and a new case number assigned.

These cases are reviewed by the court upon petition by the state. Reviews, petitions and new filings 

for further order of the court shall REOPEN the case. 

Where no action has been taken for 3 or more years, the case shall be deemed INACTIVE for purposes 

of record-keeping. 

OPENED: Upon the filing of a petition for commitment. Each individual 

subject of a petition for commitment assigned a separate case 

number. 

CLOSED: Upon the issuance of an order for commitment, recommitment or 

dismissal.

REOPENED: Upon the filing of a petition for recommitment or the filing of a new 

petition for commitment. 

Upon court review or petition for further order of the court. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 
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XI - COMMITMENT OF A PERSON WITH MENTAL ILLNESS (DI)

There will be one filing for each protected person with a case file OPENED and case number assigned 

upon the filing of a petition for commitment. On the issuance of an order of commitment, the case 

shall be CLOSED. A new filing shall REOPEN the same file number. This file number shall stay with 

the protected person. It is necessary that judge be familiar with the history of the person. Any new 

petitions shall be filed as a consecutively numbered petition within the original case file and case 

number. Each new petition shall be considered as a new filing for reporting purposes. Upon the 

filing of a petition for recommitment the case shall be REOPENED under the same case number. Any 

petition for recommitment shall be filed as a consecutively numbered petition within the original 

case file and case number. Each petition for recommitment shall be considered as a new filing for 

reporting purposes. If a petition for recommitment is filed in a different county than the original 

petition for commitment, a case file shall be OPENED and a new case number assigned.

These cases are reviewed by the court upon petition by the state. Reviews and petitions for further 

order of the court shall REOPEN the case. 

Where no action has been taken for 3 or more years, the case shall be deemed INACTIVE for purposes 

of record-keeping. 

OPENED: Upon the filing of a petition for commitment. Each individual 

subject of a petition for commitment assigned a separate case 

number. 

CLOSED: Upon the issuance of an order for commitment, recommitment, 

revocation of conditional release, or dismissal. 

REOPENED: Upon the filing of a petition for a new commitment, recommitment or 

revocation of conditional release. 

Upon court review or petition for further order of the court. 

INACTIVE: Where no action has been taken for 3 or more years, the case shall be 

deemed INACTIVE for purposes of record-keeping. 
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XII – Investigative Subpoena (IS)

There will be one file number assigned to each application for issuance of subpoena, regardless of 

the number of subpoena requests included within the application. A case file shall be OPENED upon 

the filing of the application with the court. A case file shall be deemed CLOSED upon the issuance of 

a subpoena or the denial of the application. 

OPENED: Upon the filing of an application for subpoena. One file number shall 

be assigned to each application for issuance of subpoena.

CLOSED: Upon the issuance of a subpoena or the denial of an application. 

XIII - SEARCH WARRANT (SW)

There will be one file number assigned to each application for issuance of search warrant. A case 

file shall be OPENED upon the filing of the application with the court. A case file shall be deemed 

CLOSED upon the denial of the application or the return of receipt following the issuance of the 

search warrant. 

OPENED: Upon the filing of an application for search warrant. Each 

application for issuance of search warrant assigned a separate case 

number. 

CLOSED: Upon the denial of an application or the return of receipt following 

the issuance of a search warrant.