{"data":{"id":"us-mt/m.-unif.-dist.-ct.-r.-5","jurisdiction":"us-mt","citation":"M. Unif. Dist. Ct. R. 5","heading":"Pre-Trial Order and Pre-Trial Conference.","body":"(a) Pre-trial. Unless otherwise ordered by the court, a pre-trial conference shall be held in all contested civil cases.\n(b) Not later than seven days prior to the pre-trial conference, Plaintiff shall convene a conference of all parties for the purpose of preparing a pre-trial order. The proposed pre-trial order shall be presented for signature at the pre-trial conference. In the event of a dispute as to the contents of the order, such dispute shall be presented to the judge for resolution at the pre-trial conference.\n(c) Pre-trial Order. The pre-trial order shall be substantially in the following form:\n(TITLE OF COURT AND CAUSE)\nPursuant to Rule 16 of the Montana Rules of Civil Procedure, a pre-trial conference was held in the above-entitled cause on the ____ day of ________, 20__, at ___ o'clock __.m.\nrepresented the plaintiff(s).\nrepresented the defendant(s).\n(other appearances) were also present.\nAGREED FACTS\nThe following facts are admitted, agreed to be true, and require no proof:\n(Here enumerate all agreed facts, including facts admitted in the pleadings.)\nPLAINTIFF'S CONTENTIONS\nPlaintiff's contentions are as follows:\n1.\n2.\nDEFENDANT'S CONTENTIONS\n1.\n2.\nEXHIBITS\nAttached to the pre-trial order are exhibit lists identifying by number and brief description each exhibit and stating any objections to the exhibits. Any exhibit offered at the trial to which no objection was made in the pre-trial order will be admitted into evidence.\nWITNESSES\nThe following witnesses and no others will (may) be called to testify except on rebuttal:\nPlaintiff\n1.\n2.\nDefendant\n1.\n2.\nISSUES OF FACT\nThe following issues of fact, and no others, remain to be litigated upon the trial: (Here specify each issue.)\n1.\n2.\nISSUES OF LAW\nThe following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each.)\n1.\n2.\nDISCOVERY\nThe final pre-trial order shall refer to all those portions of depositions upon oral examination and interrogatories, requests for admissions, and answers and responses that the parties intend to introduce into evidence. Any objections to the use of the above documents shall be stated, and if not stated, shall be deemed waived. (Because this Rule relates to filing and is designed to consolidate in one place all of the fruits of discovery and because there can be no surprise element involved, the court shall be liberal in permitting the amendment of the pre-trial order to include any material not originally listed.)\nADDITIONAL PRE-TRIAL DISCOVERY\n(Here specify any additional discovery contemplated by either party and the time within which such discovery will be completed.)\nSTIPULATIONS\n(Here include any stipulations in addition to the agreed facts set forth above.)\nDETERMINATION OF LEGAL QUESTIONS IN ADVANCE OF TRIAL\nIt was agreed that the following legal issues should be determined by the court in advance of the trial.\n(Here specify issues and make provision for filing briefs with respect to such issues.)\nADDITIONAL ISSUES\nAdditional issues to be determined and/or addressed include:\norder of proof where there is a counterclaim;\nattorney's fees testimony and/or proof;\ntime of filing and service of trial briefs and other issues.\nJURY SELECTION AND PROCESS\nOrder and method of selection, stipulation that jury will be selected or drawn, numbering of panel, number of challenges, time to file instructions, length of time on voir dire.\nTRIAL\nIt is estimated that the case will require ____ hours/days for trial.\nThe case will be tried before the court with (without) a jury.\nIT IS HEREBY ORDERED that this pre-trial order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice.\nIT IS HEREBY ORDERED that all pleadings herein shall be amended to conform to this pretrial order.\nDATED this ____ day of _____________, 20__.\n___________________________\nDistrict Judge\nApproved as to form and content.\n___________________________\nAttorney for Plaintiff\n___________________________\nAttorney for Defendant","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 19. UNIFORM DISTRICT COURT RULES","Part 1. Rules"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0050/0250-0190-0010-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:08Z","sha256":"469265d9393896e7876a7a155e98be65df283aac8aca9ddc1539f05bd1c86856","source_id":"us-mt","stale":false,"prev":"us-mt/m.-unif.-dist.-ct.-r.-4","next":"us-mt/m.-unif.-dist.-ct.-r.-6"},"notice":"GroundRules: Original legal text. Not legal advice."}