HEARINGS

Rule 21(a). Subpoenas. The parties may procure the attendance of witnesses before the water court by the issuance and service of subpoenas as provided in Rule 45, M.R.Civ.P. Failure by any person, without adequate excuse, to obey a subpoena served upon that person may subject that person to 16 the consequences, penalties, and remedies provided in Rules 37 and 45, M.R.Civ.P. Rule 21(b). Recordings. All hearings held before the water court may be recorded by audio tape, audio-visual, stenographic, electronic, or other appropriate means. If a hearing was held before a water master, the water master shall file a transcript or recording of the proceedings and of the evidence and the original exhibits. RULE 21(c). Procedure in evidentiary hearings involving only the claimant. In an evidentiary hearing involving only the claimant, the order of procedure shall be: (1) introductory and explanatory remarks by the water court; (2) discussion of the format of the proceeding; (3) testimony of the department and introduction of any report, data, or other written information prepared by the department; (4) cross-examination of the department by the claimant; (5) opening statement of the claimant; (6) introduction of evidence and testimony by the claimant and the claimant’s witnesses; (7) closing statement of the claimant; and (8) optional briefing schedule for the claimant. Rule 21(d). Procedure in evidentiary hearing involving the claimants and other parties. In an evidentiary hearing involving the claimant and other parties, the order of procedure shall be formulated during the final prehearing 17 conference as required by Rule 16(d), M.R.Civ.P., and included in the final prehearing order. Rule 21(e). Modification of abstract. Following the conclusion of the evidentiary hearing and the expiration of any post-hearing briefing schedule, the water court shall review the evidence in the record, render its written decision in accordance with the burden of proof set forth in Rule19, W.R.Adj.R., and modify the abstract of each applicable claim in accordance with the written decision. Rule 21(f). Enforcement. Until a water judge adopts or modifies a master’s report, any claim modified by the master’s report may not be enforced under Rule 31, W.R.Adj.R.