REPRESENTATION AND APPEARANCE – LEGAL COUNSEL

Rules of Procedure for the Montana Medical Legal Panel

Rule: 5

Jurisdiction: MT

Bluebook Citation: Mont. PFTMMLP R. 5

(a) Counsel Permitted but Not Required. The parties may be represented by counsel in proceedings before the Panel; however, the MMLP shall not require a party to obtain legal counsel unless representation by legal counsel is otherwise required by Montana law. (b) Counsel Must Enter Appearance. If a Claimant or health care provider has retained or otherwise obtained counsel for prosecution or defense of a claim, prior to or following the filing of a claim with the Panel, that counsel shall file an informal appearance with the office of the Director. Counsel shall enter his or her appearance by letter if representing a Claimant or health care provider who has previously filed an Application, a responsive Motion to the Application or Answer, on behalf of himself or herself, or upon the filing of the required Application, a responsive Motion to the Application, or an Answer on behalf of a party. (c) Effect of Counsel Appearing. After counsel enters an appearance on behalf of a party, all communications required by these Rules to be transmitted to that party shall be directed to the counsel who has entered an appearance for that party, with a copy to the Director, 4 except that the Notice of Hearing required by Rule 13 shall be provided to all parties involved and their counsel, if any. (d) Adherence to These Rules. All parties shall adhere to these Montana Medical Legal Panel Rules of Procedure (“Rules”).

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