reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.317 - MEDICAL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) "Medical
				records" for purposes of this rule includes all medical notes, reports, test
				results, correspondence, and other written records or materials regularly
				maintained by any medical provider as a part of the provider's records or file.
				"Medical records" includes all reports, correspondence, and other documents
				authored by any medical provider.
(2) Within the time set by the scheduling or
				other order of the court, the parties shall exchange all medical records in the
				parties' possession relevant to the claimant's work-related medical conditions,
				other than records of professional consultants who have not examined the
				claimant, will not be witnesses at trial, and whose records the party does not
				intend to offer into evidence. Failure to exchange any medical record by the
				exchange deadline precludes its use at trial except by stipulation of the
				parties or order of the court for good cause.
(3) Any party who intends to object to the
				admissibility of a medical record shall make such objection in writing. All
				objections to medical records must identify each medical record to which an
				objection is made and the particular objection to the record. The party shall
				serve its objections upon the adverse party within such time fixed by the
				scheduling or other order of the court. Failure to object to a medical record
				in the manner and within the time specified by this rule is deemed a waiver of
				any objection to the record, and constitutes an admission by the party that the
				record is authentic and admissible under the Montana Rules of Evidence and the
				rules of the Workers' Compensation Court.
(4) A party is not required to call as a
				witness the medical provider or the custodian of the medical record solely for
				the purpose of authenticating the medical record. If a party timely objects to
				the authenticity of a medical record, that party may call the medical provider
				or the custodian of the record as a witness either at trial or by deposition
				and may examine the witness regarding the authenticity of the medical
				record.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.318 - PRETRIAL CONFERENCE, PRETRIAL ORDER, AND EXHIBITS

Current through Register Vol. 13, July 5, 2024
(1) The court holds a pretrial conference in
				every case it expects to proceed to trial.
(a) Generally, the pretrial conference takes
				place 2 weeks before trial .
(b)
				The parties shall present any disputes regarding the content of the pretrial
				order at the pretrial conference.
(c) The court appoints a hearing examiner to
				conduct the pretrial conference and delegates authority to the hearing examiner
				to rule on all matters discussed at the pretrial conference, including pretrial
				motions of the parties.
(d) The
				court may conduct a pretrial conference by phone.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.319 - AMENDED PLEADINGS

Current through Register Vol. 13, July 5, 2024
(1) A party may
				only file an amended pleading within the time period set forth in the
				scheduling order or by leave of court. A party shall file any required response
				to an amended pleading within the time set forth in ARM
				24.5.320.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.320 - COMPUTATION OF TIME

Current through Register Vol. 13, July 5, 2024
(1) The court
				applies the following provisions with respect to the computation of time:
(a) In computing the time for any response as
				provided for in these rules, the court includes weekends and holidays. If a
				party's deadline falls on a weekend or holiday, the party shall file by the
				next workday.
(b) Whenever a party
				has the right or is required to do some act within a prescribed period of time
				after the service by mail, or by electronic means if consented to in writing,
				of a notice or other paper upon the party, the court adds 3 days to the
				prescribed period.
(c) A party
				filing by fax or e-mail attachment shall ensure that the court receives a hard
				copy original within 5 days.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.322 - DEPOSITIONS

Current through Register Vol. 13, July 5, 2024
(1) A party may take the testimony of any
				person, including a party, by deposition upon oral examination after the court
				or appropriate party has served the petition. The petitioner shall obtain leave
				of court if the petitioner seeks to take a deposition prior to the expiration
				of 20 days from the date of service of the petition. If a party seeks to take a
				post-trial deposition, the party shall obtain leave of court. A party may
				compel the attendance of witnesses by subpoena as provided by ARM
				24.5.331.
(2) A party seeking to take the deposition of
				any person upon oral examination shall give reasonable notice in writing to
				every other party to the proceeding and:
(a)
				include in the notice the time and place for taking the deposition and the name
				and address of each person to be examined; and
(b) if intending to serve a subpoena duces
				tecum on the person to be examined, attach to or include in the notice the
				designation of the materials to be produced as set forth in the subpoena.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.324 - REQUEST FOR PRODUCTION

Current through Register Vol. 13, July 5, 2024
(1) A party may
				serve a request for production upon an adverse party either with the petition
				or at any time after the service of a petition . If a party wishes to serve a
				request for production with the petition, the party shall furnish sufficient
				copies to the court for service with the petition. The request may be:
(a) to produce and permit the party making
				the request, or the party's agent, to inspect and copy any designated documents
				or records, or to copy, test, or sample any tangible things, which may be
				relevant and which are in the possession, custody, or control of the party upon
				whom the request is served; or
(b)
				to permit entry upon designated land or other property in the possession or
				control of the party upon whom the request is served for the purpose of
				inspection and measuring, surveying, photographing, testing, or sampling the
				property or any designated object or operation thereon, within the limits of
				relevancy.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.325 - LIMITING DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Upon motion by
				a party or by the person from whom discovery is sought, and for good cause, the
				court may make any order that justice requires to protect a party or person
				from annoyance, embarrassment, oppression, or undue burden or expense,
				including one or more of the following:
(a)
				that the party seeking discovery may not have it;
(b) that the party seeking discovery may only
				have it on specified terms and conditions, including a designation of the time
				or place;
(c) that the party
				seeking discovery may only have it by a method of discovery other than that
				selected by the party seeking discovery;
(d) that the party seeking discovery may not
				inquire into certain matters, or that the party seeking discovery may have it
				limited to certain matters;
(e)
				that the party seeking discovery shall conduct it with no one present except
				persons designated by the court;
(f) that a party may only open a deposition
				the court has sealed by order by further order of the court;
(g) that a person from whom discovery is
				sought need not disclose a trade secret or other confidential research,
				development, or commercial information, or that the person need only disclose
				it in a designated way;
(h) that
				the parties shall file specified documents simultaneously or shall enclose
				information in sealed envelopes to be opened as directed by the
				court.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.326 - FAILURE TO MAKE DISCOVERY-SANCTIONS

Current through Register Vol. 13, July 5, 2024
(1) If a
				party fails to respond to discovery pursuant to these rules, or makes evasive
				or incomplete responses to discovery, or objects to discovery, the party
				seeking discovery may move for an order compelling responses. With respect to a
				motion to compel discovery, the court may, at the request of a party or upon
				its own motion, impose such sanctions as it deems appropriate. Such sanctions
				include but are not limited to awarding the prevailing party attorney fees and
				reasonable expenses incurred in obtaining the order or in opposing the motion.
				The court imposes sanctions against the nonprevailing party unless the party's
				position with regard to the motion to compel was substantially justified or
				other circumstances make sanctions unjust. If the party fails to make discovery
				following issuance of an order compelling responses, the court may order such
				sanctions as it deems just under the circumstances. Prior to any imposition of
				sanctions, the court provides the party who may be sanctioned with the
				opportunity for a hearing.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.327 - DEFAULT

Current through Register Vol. 13, July 5, 2024
(1) If a party required to file a responsive
				pleading under these rules fails to file a responsive pleading within the time
				specified, or otherwise fails to defend, the court at the request of the
				petitioner or upon its own motion issues an order providing that the party
				shall file a responsive pleading within the time ordered by the court. If the
				party fails to respond to the court's order within the time specified, the
				court orders the party to appear before the court at a specified date, time,
				and place to show cause why the court should not find the party in default and
				grant relief in accordance with the petition. The court serves the order by
				mail if upon an insurer, otherwise by certified mail or through personal
				service as directed by and at the discretion of the court.
(2) If the party fails to file a responsive
				pleading within the time provided and fails to appear at the show cause
				hearing, the court enters a default judgment against the party.
(3) If any party fails to comply with any
				order of the court, the court may, after notice and hearing, enter a default
				judgment against the party.
(4) If,
				to enable the court to enter judgment or to carry it into effect, the court
				deems it necessary to inquire into amounts of benefits or other matters, the
				court conducts a hearing into those matters.
(5) A party shall base any request for relief
				from default judgment upon good cause, such as mistake, inadvertence, surprise,
				or excusable neglect, and file it within the time set forth in ARM
				24.5.320.
AUTH:
					 2-4-201,
					 39-71-2901,
					 39-71-2903,
					 39-71-2905,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.329 - SUMMARY JUDGMENT

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to any
				deadlines set by the court under ARM
				24.5.316(1), a
				party may move for a summary judgment in the party's favor upon all or any part
				of a claim or defense.
(a) The court may
				decline to consider individual summary judgment motions if it concludes that it
				may resolve the issues as expeditiously by trial as by motion. The court may
				decline to consider a summary judgment motion that does not comply with ARM
				24.5.329 or other applicable rules.
(b) If upon the filing of a motion for
				summary judgment, the party against whom the motion is directed believes that
				summary judgment is inappropriate for the reasons set forth in (1) (a) above,
				that party shall immediately notify the court and arrange for a phone
				conference between the court and counsel. The court determines after the
				conference whether further briefing and proceedings are appropriate.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.330 - REQUESTS TO VACATE, PUT IN ABEYANCE, OR RESET TRIAL

Current through Register Vol. 13, July 5, 2024
(1) A party seeking the court's leave to
				vacate, put in abeyance, or reset a trial shall make the request in writing.
				The requesting party shall state whether any other party opposes it. If the
				requesting party is unable to contact any other party, the requesting party
				shall certify that the requesting party attempted to do so. If the requesting
				party contacts all other parties and none oppose the request, the requesting
				party may make the request informally by e-mail message. If a party opposes the
				request, or if the requesting party is unable to contact any other party, the
				requesting party shall make the request by formal motion and demonstrate good
				cause.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.331 - SUBPOENA

Current through Register Vol. 13, July 5, 2024
(1) Every subpoena must comply with M. R.
				Civ. P. 45.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.332 - CONDUCT OF TRIAL

Current through Register Vol. 13, July 5, 2024
(1) Trials will be
				held in courtrooms when available or any other designated place.
(2) The court conducts trials in the same
				manner as a trial without a jury. Trials must proceed in the following order
				unless the court, for good cause and special reasons, otherwise directs.
(a) The party on whom rests the burden of the
				issues may briefly state the party's case and the evidence by which the party
				expects to sustain it.
(b) The
				adverse party may then briefly state the adverse party's defense and the
				evidence the adverse party expects to offer in support of it, or may wait and
				do this at the beginning of the adverse party's case-in-chief.
(c) The party on whom rests the burden of the
				issues shall produce the party's evidence; the adverse party shall then follow
				with the adverse party's evidence.
(d) The parties shall then be confined to
				rebuttal evidence, unless the court, for good reasons and in the furtherance of
				justice, permits either party to offer further evidence in support of its
				case-in-chief.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.333 - INFORMAL DISPOSITION

Current through Register Vol. 13, July 5, 2024
(1) In the
				discretion of the court, informal disposition may be made of a dispute or
				controversy by stipulation, agreed settlement, consent order, or
				default.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.334 - SETTLEMENT CONFERENCE OR MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) In
				its discretion, the court may, either on its own motion or upon request of a
				party, order a settlement conference or mediation at any time before it issues
				a decision in any case pending before the court. The court may appoint a
				settlement master or mediator. If the parties use an outside settlement master
				or mediator, the parties shall equally share the expense of hiring this person
				unless they agree otherwise.
(2)
				The person with ultimate settlement authority for each party shall attend the
				settlement conference or mediation in person. Upon order of the court or
				agreement of the parties, the person with ultimate settlement authority may
				participate by phone.
(3) No party
				may disclose any statements or communications any participant or attendee,
				including the settlement master or mediator, made in connection with the
				settlement conference or mediation to anyone. No party may use any statements
				or communications any participant or attendee, including the settlement master
				or mediator, made during the settlement conference or mediation with regard to
				any aspect of the litigation. No party may subpoena or otherwise require the
				settlement master or mediator to testify in any future proceedings. No party
				may examine any participant or attendee concerning any statements or
				communications that person or any other participant or attendee, including the
				settlement master or mediator, made or allegedly made in connection with the
				settlement conference or mediation. However, the settlement master or mediator
				may disclose whether settlement was reached and the terms of the
				settlement.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.335 - BENCH RULINGS

Current through Register Vol. 13, July 5, 2024
(1) The court may,
				in its sole discretion, issue a bench ruling following the close of the
				testimony in a case. If the court issues a bench ruling , the court utilizes
				the following procedure:
(a) The judge
				announces the decision to the parties in open court, outlining the factual and
				legal reasoning therefor.
(b) The
				judge may direct one of the parties, usually the prevailing party, to reduce
				the decision to writing by preparing written findings of fact, conclusions of
				law, and judgment.
(c) Following
				entry of the court's written findings of fact, conclusions of law, and
				judgment, the parties shall have the time set forth in
				24.5.320 in which to file
				objections to the court's decision and to request a rehearing pursuant to ARM
				24.5.344.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.336 - TRIAL BRIEFS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Current through Register Vol. 13, July 5, 2024
(1) The court may require any or all parties
				to file trial briefs or proposed findings of fact and conclusions of
				law.
(2) Any party may file either
				a trial brief or proposed findings of fact and conclusions of law, or both, by
				the date set by the judge or hearing examiner.
(3) The court considers a trial brief or
				proposed findings of fact and conclusions of law filed by fax or e-mail
				attachment compliant with the filing deadline as long as a party ensures that
				the court receives the hard copy original at or before trial. Any party filing
				a brief or proposed findings and conclusions by fax or e-mail attachment shall
				further ensure that the other parties receive it the same day the party files
				it with the court.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.337 - MOTION FOR RECONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) A party
				may move for reconsideration of any decision of the Workers' Compensation Court
				only upon the following three grounds:
(a)
				that the court overlooked some fact material to the decision;
(b) that the court overlooked some issue
				presented by the party that would have proven decisive to the case;
				or
(c) that the court's decision
				conflicts with a statute or controlling decision not addressed by the
				court.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.340 - MASTERS AND EXAMINERS-PROCEDURE-RECOMMENDATIONS FOR BENCH ORDERS

Current through Register Vol. 13, July 5, 2024
(1) The court shall appoint masters or
				examiners when, in the judgment of the court, justice will be served.
(2) The court appoints masters pursuant to M.
				R. Civ. P. 53. Masters utilize the procedures set forth in M. R. Civ. P. 53
				insofar as they relate to a trial without a jury.
(3) The court appoints examiners pursuant to
				2-4-611,
				MCA. Examiners serve pursuant to
				2-4-611,
				MCA. However, the time delays inherent in the procedures set forth in
				2-4-621
				and
				2-4-622,
				MCA, are not appropriate in Workers' Compensation Court proceedings within the
				meaning of
				39-71-2903,
				MCA. In lieu thereof, the court utilizes the following procedure in cases where
				it appoints a hearing examiner .
(a)
				Following submission of the case, the hearing examiner submits proposed
				findings of fact and conclusions of law to the judge. The court does not serve
				the proposed decision of the hearing examiner upon the parties until after the
				judge has ruled thereon. The judge decides whether to adopt the proposed
				findings of fact and conclusions of law of the hearing examiner based solely
				upon the record and pleadings made before the hearing examiner. The court does
				not reject or revise findings of fact made by a hearing examiner unless the
				court first determines from a review of the complete record, and states with
				particularity in the order, that the findings of fact were not based upon
				competent substantial evidence or that the proceedings on which the findings
				were based did not comply with essential requirements of law. The court may,
				upon its own motion, reconsider or alter conclusions of law and interpretations
				of statutes or rules written by a hearing examiner . Subject to the provisions
				of this subsection, the court enters its order and judgment adopting the
				decision of the hearing examiner.
(b) Any party aggrieved by a decision of a
				hearing examiner adopted pursuant to this rule may obtain review thereof by
				filing a motion pursuant to ARM
				24.5.344. Upon the filing of such
				a motion by any party, the court , in its discretion, liberally grants the
				opportunity for oral argument as to whether it should: amend the decision; hear
				additional evidence; or grant a new trial .
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.342 - TAXATION OF COSTS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise ordered by the court, within the time set forth in
				24.5.320, a prevailing claimant
				shall serve an application for taxation of costs on any party against whom
				costs are to be assessed. The claimant shall file the application with the
				court.
(2) The attorney for the
				claimant, or the claimant personally if appearing pro sé, shall sign the
				application for taxation of costs. The signature on the application is a
				certification by the person signing the application of the accuracy of the
				costs claimed and that the costs incurred were reasonable and necessary to the
				case.
(3) The court allows
				reasonable costs. The court judges the reasonableness of a given item of cost
				claimed in light of the facts and circumstances of the case and the issues upon
				which the claimant prevailed.
(4)
				The following are examples of costs that are generally found to be reasonable:
(a) deposition costs (reporter's fee and
				transcription cost), if the deposition is filed with the court;
(b) witness fees and mileage, as allowed by
				statute, for non-party fact witnesses;
(c) expert witness fees, including reasonable
				preparation time, for testimony either at deposition or at trial, but not at
				both;
(d) travel and lodging
				expenses of counsel for attending depositions;
(e) fees and expenses necessary for the
				perpetuation or presentation of evidence offered at trial, such as recording,
				videotaping, or photographing exhibits;
(f) documented photocopy expenses;
(g) documented long-distance telephone
				expenses; and
(h) documented
				postage expenses.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.343 - ATTORNEY FEES

Current through Register Vol. 13, July 5, 2024
(1) In those cases
				where the claimant is awarded attorney fees pursuant to
				39-71-611
				or
				39-71-612,
				MCA, the court will indicate in its findings of fact and conclusions of law the
				basis for the award of reasonable attorney fees, but the court will not
				determine the amount of the award until after the appeal period for its final
				decision has passed or after affirmation of its final decision on appeal,
				unless pursuant to ARM
				24.5.348(2), the
				final decision is not certified as final.
(2) The court determines and awards
				reasonable attorney fees in the following manner.
(a) Within the time set forth in
				24.5.320, following the expiration
				of the appeal period or remittitur on appeal of the court's final decision, or
				within the time set forth in 24.5.320, after the filing of the court's decision
				which pursuant to ARM
				24.5.348(2) holds
				that the decision is not certified as final, the claimant's attorney shall file
				with the court a claim for attorney fees which contains the following:
(i) a verified copy of the attorney fee
				agreement with the claimant;
(ii)
				documentation regarding the time spent by the attorney in representing the
				client; and
(iii) the attorney's
				claim concerning the attorney's hourly fee.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.344 - PETITION FOR NEW TRIAL AND/OR REQUEST FOR AMENDMENT TO FINDINGS OF FACT AND CONCLUSIONS OF LAW

Current through Register Vol. 13, July 5, 2024
(1) After a trial,
				the court issues an order or findings of fact, conclusions of law, and judgment
				setting forth the court's determination of the disputed issues. A party to the
				dispute may petition for a new trial or request amendment to the court's
				findings of fact and conclusions of law within the time set forth in
				24.5.320, after the court serves
				the written order or judgment .
(2) If a party files a petition for a new
				trial or requests amendment , the party requesting the new trial or amendment
				shall set forth specifically and in full detail the relief requested. An
				opposing party shall respond within the time set forth in 24.5.320, from the
				date of service pursuant to ARM
				24.5.303.
(3) If a party files a petition for a new
				trial or requests amendment , the original order or judgment issued by the
				court is not considered the final decision of the court pending the denial or
				granting of the new trial or amendment.
(4) If the court grants a new trial , the
				matter is scheduled for trial pursuant to ARM
				24.5.310. As determined by the
				court, the matter may be decided based on the testimony taken at the initial
				trial and at the new trial, or by a de novo trial. After the new trial, the
				court issues an order or findings of fact, conclusions of law, and judgment
				setting forth the court's determination of the disputed issues.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.345 - WRIT OF EXECUTION

Current through Register Vol. 13, July 5, 2024
(1) The procedure
				on execution, in proceedings supplementary to and in aid of a judgment, and in
				proceedings on and in aid of and supplementary to execution, must be in
				accordance with the statutes of the state of Montana that are applicable to
				executions in civil cases in district court, as set forth in Title 25, chapter
				13, MCA, except that the court does not issue a writ of execution until after
				the time has expired for requesting a rehearing or amendment of the court's
				decision.
(2) In aid of the
				judgment or execution, the judgment creditor or a successor in interest when
				that interest appears of record, may examine any person, including the judgment
				debtor, in the manner provided in these rules for taking depositions.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.346 - STAY OF JUDGMENT PENDING APPEAL

Current through Register Vol. 13, July 5, 2024
(1) The party
				appealing a judgment of the court may request a stay of execution of the
				judgment or order pending resolution of the appeal. The court automatically
				deems a request for new trial and/or request for amendment to findings of fact
				and conclusions of law stayed until it rules upon the request . If the parties
				stipulate that no bond is required, or if it is shown to the satisfaction of
				the court that adequate security exists for payment of the judgment, the court
				may waive the bond requirement.
(2) Except as provided for herein, the
				procedures for requesting a stay and for posting a supersedeas bond are the
				same as the procedures in M. R. App. P. 22(1) and ARM
				24.5.316.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.348 - CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT

Current through Register Vol. 13, July 5, 2024
(1) A party shall make any appeal from the
				Workers' Compensation Court as in the case of an appeal from a district court
				as provided in M. R. Civ. P. 72.
(2) For purposes of appeal, the court's final
				certification is considered a notice of entry of judgment.
(3) A party appealing from the Workers'
				Compensation Court shall comply with the Montana Rules of Appellate
				Procedure.
(4) The court certifies
				its decisions as final without determining the amount of reasonable costs and
				attorney fees, except that:
(a) Prior to the
				court's issuance of the decision and certification, a party to the dispute may
				file a motion requesting that the court not certify the decision as final. A
				party filing this motion shall demonstrate good cause.
(b) The court in its discretion may grant the
				motion, in which case the court does not certify the judgment for purposes of
				appeal until it determines the amount of the attorney fees and costs.
(c) A party may petition for new
				trial or request amendment to the court's findings of fact and conclusions of
				law in accordance with ARM
				24.5.344, regardless of whether
				the court has certified the decision as final for purposes of appeal.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.349 - RULES COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) If a party
				neglects or refuses to comply with the provisions of these rules, the court may
				dismiss a matter with or without prejudice, grant an appropriate order for a
				party, or take other appropriate action. However, the court may, in its
				discretion and in the interests of justice, waive irregularities and
				noncompliance with any of the provisions of these rules.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.350 - APPEALS TO WORKERS' COMPENSATION COURT UNDER TITLE 39, CHAPTERS 71 AND 72, MCA

Current through Register Vol. 13, July 5, 2024
(1) An appeal from
				a final decision of the Department of Labor and Industry under Title 39,
				chapters 71 and 72, MCA, other than an appeal of a department order regarding
				payment of benefits pursuant to
				39-71-610,
				MCA, must be made by filing a notice of appeal with the court . The notice of
				appeal must be served by mail on all other parties and the legal services
				division of the Department of Labor and Industry and must include:
(a) the relief to which the appellant
				believes the appellant is entitled; and
(b) the grounds upon which the appellant
				contends the appellant is entitled to that relief.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.351 - DECLARATORY RULINGS

Current through Register Vol. 13, July 5, 2024
(1) Where the court
				has jurisdiction it can issue declaratory rulings.
(2) Proceedings for a declaratory ruling are
				the same as in all other disputes.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.352 - REFERENCE TO MONTANA RULES OF CIVIL PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) If no express provision is made in these
				rules regarding a matter of procedure, the court is guided, where appropriate,
				by considerations and procedures set forth in the Montana Rules of Civil
				Procedure.
Sec.
					 2-4-201,
					 39-71-2901,
					 39-71-2903,
					 39-71-2905,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.353 - WITHDRAWAL OF ATTORNEY

Current through Register Vol. 13, July 5, 2024
(1) If an attorney
				representing a party is removed, withdraws, or ceases to act as such, the
				parties shall follow the procedures set forth in M. U. Dist. Ct. R. 10 and
				37-61-405,
				MCA.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.359 - NOTICE OF REPRESENTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.360 - REVIEW

Current through Register Vol. 13, July 5, 2024
(1) The court will annually review and when
				necessary revise the rules of court.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.1 - Organizational Rule › Rule 24.7.101 - ORGANIZATION AND PUBLIC PARTICIPATION OF UNEMPLOYMENT INSURANCE APPEALS BOARD

Current through Register Vol. 13, July 5, 2024
(1) The Unemployment Insurance Appeals Board
				of the Department of Labor and Industry adopts and incorporates the
				organizational structure of the Unemployment Insurance Appeals Board as it has
				been set out and explained in chapter 1 of this title.
(2) The board adopts the public participation
				rules of the Department of Labor and Industry as listed in chapter 2 of this
				title to the extent they do not conflict with statute or rule.
AUTH:
					 2-3-103,
					 2-4-201, MCA; IMP:
					 2-3-103,
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.2 - Procedural Rule (Repealed) › Rule 24.7.201 - ADOPTION OF MODEL RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.301 - POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 39-51-1109,
					 39-51-2404,
					 39-51-2407,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.302 - GENERAL RULES GOVERNING APPEALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-103,
					 MCA; IMP,
					 2-4-103,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.303 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates by reference and
				adopts all definitions set forth in ARM Title 24, chapter 11 and Title 39,
				chapter 51, MCA, unless context clearly indicates otherwise.
AUTH:
					 2-4-201, MCA; IMP:
					 2-4-201,
					 39-51-1109,
					 39-51-2404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.304 - FILINGS WITH THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) If an
				interested party is required, or permitted, to file documents, the interested
				party must file the documents with the board using one of the following methods
				and addressing the documents to the board:
(a)
				mail filings to P.O. Box 8020, Helena, MT 59624-8020;
(b) hand deliver filings to 1315 Lockey
				Avenue, Helena, MT 59601;
(c)
				e-mail filings to uiappealsboard@mt.gov; or
(d) any other method permitted by the
				department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.305 - BOARD REVIEW PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) After receiving
				a notice of appeal, the board will issue written notice of the date, time, and
				place of the board review. The notice will be sent to all interested parties at
				least ten days prior to the board's review by regular mail. Interested parties
				are responsible for giving the board the party's current contact
				information.
(2) The board will
				conduct its review proceeding informally and may choose to hold a review in
				person or remotely at its discretion. The board will consider and decide all
				issues relevant to an appeal when consideration does not conflict with other
				rules in ARM Title 24, chapter 7.
(3) Either party to the appeal before the
				board may appear at any board proceeding on the party's own behalf or may be
				represented by an attorney or through an authorized lay representative. Lay
				representatives may not be paid for representation unless:
(a) the lay representative is employed by the
				claimant's labor union;
(b) the lay
				representative is an employee of the employer;
(c) the lay representative is a third-party
				administrator for an employer or group of employers receiving regular wages for
				the representation; or
(d) it is in
				the interest of justice at the board's sole discretion.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.306 - DETERMINATION OF APPEALS

Current through Register Vol. 13, July 5, 2024
(1) The board will
				consider, as it deems appropriate, such records or portions of those records
				which the department transmitted on appeal as required under
				39-51-2404, MCA. The board will
				also consider interested parties' timely filed written arguments and any oral
				arguments of the parties which appear before the board at the time of the
				review proceeding.
(2) The board
				will review the appeals referee's decision for errors of law or fact and will
				determine whether the appeals referee's decision was based upon substantial
				evidence.
(3) The board will only
				consider new evidence to determine whether an interested party timely filed an
				appeal to the board. A party must submit new evidence by both filing it with
				the board and sending a copy to all interested parties no later than five
				business days before the scheduled review proceeding. The evidence must be the
				type of evidence on which responsible persons are accustomed to rely in the
				conduct of serious affairs.
(4) As
				soon as possible after the hearing, the board will decide whether to remand,
				reverse, modify, or affirm the decision of the appeals referee. Written notice
				of the board's action will be mailed to all interested parties.
(5) If a party fails to appear at the board
				proceeding and that party does not show good cause for continuance, the board
				must make its decision based on the record, written argument submitted, and
				argument of parties in attendance.
(6) Inability of the board to achieve a
				favorable vote regarding an appeal will result in affirming the decision of the
				appeals referee.
AUTH:
					 2-4-201, MCA; IMP:
					 2-4-201,
					 39-51-310,
					 39-51-1109,
					 39-51-2404,
					 39-51-2407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.307 - WITNESS FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.308 - BOARD MEMBER DISQUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Either
				a board member or an interested party may seek to disqualify a board member
				from reviewing an appeal proceeding.
(2) A board member must be disqualified from
				the review of an appeal proceeding if:
(a)
				that member's private interest would conflict with their public duty;
(b) it is an appeal of that member's
				unemployment insurance matter; or
(c) that member represents any interested
				party or witness at that board proceeding.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.309 - APPEALS DECISIONS TO BE FILED

Current through Register Vol. 13, July 5, 2024
(1)
				Copies of all decisions of the board shall be kept on file at the office of the
				board in Helena, Montana. Such decisions shall be open for
				inspection.
Sec.
					 2-4-103
					 MCA; IMP, Sec.
					 2-4-103
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.310 - BENEFIT DETERMINATION NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.311 - BENEFIT APPEAL NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.312 - NEW MATERIAL BEFORE THE BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201, MCA; IMP:
					 2-4-201,
					 39-51-2404,
					 39-51-2407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.313 - OFFICIAL NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.314 - BOARD REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.315 - STANDARDS AND PROCEDURES FOR RECONSIDERATION OF DECISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 39-51-1109,
					 39-51-2404,
					 39-51-2407,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.316 - INTERESTED PARTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-4-201,
					 39-51-1109,
					 39-51-2404,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.7 - UNEMPLOYMENT INSURANCE APPEALS BOARD › Subchapter 24.7.3 - Policy › Rule 24.7.320 - SUBSTITUTE BOARD MEMBER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 MCA IMP:
					 2-15-124,
					 2-15-1704,
					 39-51-301,
					 39-51-2405,
					 MCA