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24.5.342 TAXATION OF COSTS (1) Unless otherwise ordered by the court, within the time set forth in ARM 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. Rules of the Workers’ Compensation Court 37 24.5.342 (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. (5) The following are examples of costs that are generally found not to be reasonable: (a) trial transcripts ordered by the parties prior to any appeal; (b) secretarial time; and (c) items of ordinary office overhead not typically billed to clients. (6) Items of cost not specifically listed in this rule may be awarded by the court, in accordance with the principles in (3). (7) If an insurer objects to any item of costs claimed: Rules of the Workers’ Compensation Court 38 24.5.342 (a) Within the time set forth in ARM 24.5.320, the insurer shall serve on the prevailing claimant written objections to specific items of costs. The insurer shall file the objections with the court. (b) Within the time set forth in ARM 24.5.320, the prevailing claimant shall serve on the insurer a response. The claimant shall file the response with the court. No reply brief is allowed. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.343 ATTORNEY FEES (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 ARM 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 ARM 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. (b) Within the time set forth in ARM 24.5.320, following the service of a claim for attorney fees, any party to the dispute may file an objection to the fees' reasonableness, specifically identifying the objectionable portions of the claim and stating the reasons for the objection. General allegations to the effect that the award is unreasonable are not sufficient. (c) If a party objects to the reasonableness of the attorney fee claim, any party may request an evidentiary hearing, stating the specific reasons a hearing is necessary. The request for hearing must be made at the same time an objection is filed if by the objecting party, or within the time set forth in ARM 24.5.320, of the filing of the objection if requested by the claimant's attorney. Rules of the Workers’ Compensation Court 39 24.5.343 (d) The court determines if it requires an evidentiary hearing. If the court deems a hearing necessary, the court schedules the hearing at its earliest convenience. The court issues its decision following the hearing. The court sets evidentiary hearings in Helena unless a party demonstrates good cause to the contrary. If the court determines that no hearing is necessary, the court determines attorney fees based on the claim and objections. No additional pleadings are allowed unless requested by the court. (e) The court's determination of reasonable attorney fees is a final decision for purposes of appeal. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from ARM 2.52.343, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.344 PETITION FOR NEW TRIAL AND/OR REQUEST FOR AMENDMENT TO FINDINGS OF FACT AND CONCLUSIONS OF LAW (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 ARM 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 ARM 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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from ARM 2.52.344, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) Rules of the Workers’ Compensation Court 40 24.5.345 24.5.345 WRIT OF EXECUTION (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.346 STAY OF JUDGMENT PENDING APPEAL (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 675, Eff. 4/1/95; AMD, 2014 MAR p. 2829, Eff. 3/1/15.)