COURT NEWS

Changes to MRPC are now in effect

Extensive revisions modernizing the Montana Rules of Professional Conduct went into effect on Jan. 1.

Before this revision, proposed by the State Bar of Montana in spring of 2019, the MRPC contained 29 rules not identical to the ABA’s Model Rules. Under the revisions approved by the court, 10 unique Montana rules remain unchanged, 11 were amended to directly (or with minimal adjustment) correspond to the ABA Model Rules, seven were amended slightly and one ABA model rule was rejected entirely.

The bar’s Ethics Committee reviewed Montana’s rules that differed from the ABA Model Rules before making its recommendations, which the Board of Trustees approved in spring of 2019.

Most significant are amendments to the confidentiality rule and to the rule addressing an organization as the client. Also notable is the modification of the Preamble creating a discipline safe harbor for attorneys who advise cannabis industry businesses.

Montana’s last comprehensive rules review was 2002-2004. While certain rules had been amended in the interim, the court concluded that these changes were needed considering 21st century developments in technology, business and law.

An article explaining the rules was in the March 2019 Montana Lawyer. An updated version of that article, along with the new rules, is posted at www. montanabar.org under “Latest News.” Uniform District Court

Revisions to the Uniform District Court Rules went into effect on Jan. 1.

The most substantive is the addition of a new Rule 6: Simplified Procedure for Civil Cases. The stated purpose of the Simplified Procedure is to protect the right to trial by jury in civil actions; to provide maximum access to the district courts and opportunity for citizens to participate in the civil justice system in civil actions; to enhance the provision of the just, speedy, and inexpensive determination of civil actions; to facilitate limited discovery and decrease expenses; and to provide opportunities or counsel to train in civil trial practice. The Simplified Procedure applies to all civil actions in which a jury trial has been requested. Attorneys are required to educate and consult with their clients about it and be prepared to elect or decline the Simplified Procedure process at the initial scheduling conference.

The Simplified Procedure calls for the court to set the case for trial within six months following issuance of the scheduling order “or as soon as the court’s schedule allows.” It also spells out requirements for Initial Disclosures, Lay Witness Statements, Expert Witness Reports, Discovery, Discovery Disputes, and Pretrial Motions.

Among other changes to the Uniform Rules, one rule – the former Rule 6 - Briefs – was incorporated into a reorganization of Rule 2 – Motions. Also, stylistic and grammatical changes were made throughout.

Judge Fehr appointed to court’s Sentence Review Division

The Honorable Jessica Fehr of Billings has been appointed to a threeyear term on the court’s Sentence Review Division by Chief Justice Mike McGrath.

Judge Fehr, a 13 th Judicial District Court judge, replaces the Honorable Brenda Gilbert of Livingston, whose three-year term ended on Dec. 31.

She joins the Honorable Dan Wilson of Kalispell, chair, and the Honorable Luke Berger of Dillon on the Sentence Review Division.