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24.5.329 SUMMARY JUDGMENT (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. Rules of the Workers’ Compensation Court 31 24.5.329 (2) Subject to the other provisions of this rule, the court renders summary judgment forthwith if the pleadings, depositions, answers to interrogatories, and responses to requests for production, together with the affidavits, if any, show that no genuine issue exists as to any material fact and that the moving party is entitled to a judgment as a matter of law. (3) A party filing a motion under this rule shall set forth in its brief a statement of uncontroverted facts. The party shall set forth the specific facts upon which it relies in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The party shall authenticate all attached exhibits. If the movant and the party opposing the motion agree that no genuine issue of any material fact exists, they may jointly file a statement of stipulated facts with the court. (4) A party opposing a motion filed under this rule shall set forth in its brief any specific issues of material fact that it believes preclude summary judgment in favor of the moving party. The party shall set forth the specific facts upon which it relies in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The court deems all properly supported facts asserted by the movant to be uncontroverted for the purposes of the summary judgment motion unless specifically and properly controverted by the opposing party. If the party opposing the motion includes additional facts in its brief, it shall set forth those facts in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The party shall authenticate all attached exhibits. (5) If either party desires a hearing on the motion, the party shall make the request in writing within the time set forth in ARM 24.5.320. The court may thereupon set a time and place for hearing. If no party requests a hearing, the parties waive any right to a hearing given by these rules. The court may order a hearing on its own motion. (6) If on motion under this rule the court does not render judgment upon the whole case or for all the relief requested and deems a trial necessary, the court may on its own motion ascertain what material facts exist without substantial controversy and what material facts are in good faith controverted. The court then makes an order specifying the facts that appear without substantial controversy and directs further proceedings in the action as are just. Upon the trial of the action, the court deems the facts so specified established and conducts the trial accordingly. Rules of the Workers’ Compensation Court 32 24.5.329 (7) A party shall make any supporting or opposing affidavits on personal knowledge, set forth facts as would be admissible in evidence, and show affirmatively that the affiant is competent to testify to these matters. The party shall attach to or serve with an affidavit sworn or certified copies of all papers or parts of papers to which the affidavit refers. The court may permit a party to supplement or oppose affidavits by depositions, answers to discovery, or further affidavits. If a party makes a motion for summary judgment and supports it as provided in this rule, an opposing party may not rest upon the mere allegations or denials of the opposing party's pleading, but shall, by affidavits or as otherwise provided in this rule, set forth specific facts showing that a genuine issue exists for trial. If the opposing party does not so respond, the court may enter summary judgment against the opposing party. (8) If it appears from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit the party to obtain affidavits, take depositions, or have discovery, or the court may make another order as is just. (9) If it appears to the satisfaction of the court that a party has presented any affidavits pursuant to this rule in bad faith or solely for the purpose of delay, the court orders the party employing them to pay to the other party the amount of the reasonable expenses that the filing of the affidavits caused the other party to incur, including reasonable attorney fees, and the court may adjudge the offending party or attorney guilty of contempt. (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; AMD, 2018 MAR p. 305, Eff. 3/15/18.) 24.5.330 REQUESTS TO VACATE, PUT IN ABEYANCE, OR RESET TRIAL (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39- 71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.330, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.) 24.5.331 SUBPOENA (1) Every subpoena must comply with M. R. Civ. P. 45. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.331, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) Rules of the Workers’ Compensation Court 33 24.5.332 24.5.332 CONDUCT OF TRIAL (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.332, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.333 INFORMAL DISPOSITION (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.333, 1989 MAR p. 2177, Eff. 12/22/89.) 24.5.334 SETTLEMENT CONFERENCE OR MEDIATION (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. Rules of the Workers’ Compensation Court 34 24.5.334 (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.334, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.) 24.5.335 BENCH RULINGS (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 ARM 24.5.320 in which to file objections to the court's decision and to request a rehearing pursuant to ARM 24.5.344. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.335, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.336 TRIAL BRIEFS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (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. Rules of the Workers’ Compensation Court 35 24.5.336 (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.336, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.) 24.5.337 MOTION FOR RECONSIDERATION (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. (2) A party shall file any motion for reconsideration of a decision within the time set forth in ARM 24.5.320. The court reviews the motion before any other party responds. The court denies those motions it determines have no merit and orders the other party or parties to respond to those motions it determines may have merit. If the court orders a response, it deems the motion submitted for decision upon receipt of the response or the expiration of the time for the response unless the court requests oral argument. The court does not consider reply briefs from moving parties. (3) Within 20 days of its issuance of any decision, the court may, on its own motion, reconsider the decision. (4) If a party seeks reconsideration of an appealable decision, the court does not deem the original decision final until and unless the court denies the motion. (5) No party may file a brief in support of or opposition to a motion for reconsideration that exceeds 5 pages. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1998 MAR p. 2167, Eff. 8/14/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.) Rules 24.5.338 and 24.5.339 reserved 24.5.340 MASTERS AND EXAMINERS -- PROCEDURE -- RECOMMENDATIONS FOR BENCH ORDERS (1) The court shall appoint masters or examiners when, in the judgment of the court, justice will be served. Rules of the Workers’ Compensation Court 36 24.5.340 (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. (4) An examiner may, during or at the conclusion of a trial or a pretrial conference, advise the parties that an interlocutory order for payment of benefits or other relief to a party appears to be justified and promptly submit such an order for approval by the judge. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.340, 1989 MAR p. 2117, Eff. 12/22/89; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15.)