A. DEFAULT JUDGMENT:
1. Motion: Pursuant to Civ. R. 55, all motions for default judgment, uncontested
assessments of damages and statutory ex parte proceedings shall be submitted to the
assigned Judge.
2. Judgment Entry:
a. If a proposed default judgment entry is submitted to the Court for signature via the
Court’s eFiling system, the filing party, not the Clerk, shall be responsible for serving
a copy of the default judgment entry, by regular U.S. mail, on all parties that are not
registered users of the eFiling system after the default judgment entry has been
signed and filed.
b. The proposed default judgment entry shall include a certificate of service in
accordance with Mont. Co. C.P.R. 1.15 and Civ. R. 5(B)(3). Failure to provide a
certificate of service constitutes an irregularity and is grounds for vacation of
judgment, unless the record establishes that the name or address of the party
against whom judgment is entered is unknown.
B. Judgment by Confession
B. JUDGMENT BY CONFESSION:
1. Issuance of Judgment: A judgment by confession shall be granted by any available Judge
of the Court upon:
a. An attorney’s warrant or,
b. If the defendant has confessed judgment to the Court and received the plaintiff’s
permission to obtain judgment by confession, by the personal appearance of the
defendant in court.
2. All judgments by confession shall:
a. Be in writing;
b. State the debt or cause of action decided; and
c. Be filed with the Clerk.
3. Judgment Entry:
a. If a proposed judgment entry is submitted to the Court for signature via the Court’s
eFiling system, the filing party, not the Clerk, shall be responsible for serving a copy
of the judgment entry, by regular U.S. mail, on all parties that are not registered
users of the eFiling system after the judgment entry has been signed and filed.
b. The proposed judgment entry shall include a certificate of service in accordance with
Mont. Co. C.P.R. 1.15 and Civ. R. 5(B)(3). Failure to provide a certificate of service
constitutes an irregularity and is grounds for vacation of judgment, unless the record
establishes that the name or address of the party against whom judgment is entered
is unknown.
4. Issues Arising or Pending Subsequent to Judgment by Confession:
All issues that arise or are pending in a case subsequent to the judgment by confession
shall be referred to the assigned Judge.
C. Entry of Judgment
C. ENTRY OF JUDGMENT:
The Court may approve or disapprove any proposed judgment entry. No oral arguments
shall be heard on the judgment entries unless ordered by the Court. The judgment of the
Court shall be effective upon the filing and journalization of a judgment entry with the
Clerk.