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24.5.348 CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT (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. Rules of the Workers’ Compensation Court 41 24.5.348 (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. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2904, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.348, 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, 1996 MAR p. 557, Eff. 2/23/96; 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.) 24.5.349 RULES COMPLIANCE (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. (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 2.52.349, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.350 APPEALS TO WORKERS' COMPENSATION COURT UNDER TITLE 39, CHAPTERS 71 AND 72, MCA (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. (2) The filing of the notice does not stay the department decision. However, upon application of a party, the court may order a stay upon terms which the court considers proper. (3) Any party or the court may request a transcript of the proceeding. Upon receiving such request, the department has 30 days in which to prepare and file the transcript unless the court lengthens or shortens the time. In the alternative, the parties may agree by written stipulation to other arrangements for transcribing the hearing. The appealing party shall be responsible for the cost of preparing the transcript unless otherwise ordered by the court. Rules of the Workers’ Compensation Court 42 24.5.350 (4) Any party to an appeal may request oral argument on the matters raised in the appeal. A request for oral argument must be made by the time specified for the last brief. Failure to timely request oral argument is deemed to be a waiver of the right to an oral argument. (5) A motion for leave to present additional evidence must be filed no later than the time set for the last brief or, if oral argument is timely requested, then no later than the day before the argument. If it is shown to the satisfaction of the court that the additional evidence is material and that good reasons exist for the offering party's failure to present it in the department proceeding, the court may remand the matter to the department and order that the additional evidence be taken before the department upon conditions determined by the court. The department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The court shall base its decision on the record. (7) ARM 24.5.344, relating to new trials, applies to decisions under this rule. However, the decision of the court may or may not be in the form of findings of fact and conclusions of law. (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 2.52.350, 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, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.351 DECLARATORY RULINGS (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. (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 2.52.351, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.352 REFERENCE TO MONTANA RULES OF CIVIL PROCEDURE (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. (History: 2-4-201, 39-71-2901, 39-71-2903, 39-71- 2905, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15.) 24.5.353 WITHDRAWAL OF ATTORNEY (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. (History: 2-4-201, MCA; IMP, 2- 4-201, 39-71-2901, MCA; NEW, 2018 MAR p. 305, Eff. 3/15/18.) Rules of the Workers’ Compensation Court 43 24.5.359 Rules 24.5.354 through 24.5.358 reserved 24.5.359 NOTICE OF REPRESENTATION (REPEALED) (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from 2.52.302, 1989 MAR p. 2177, Eff. 12/22/89; REP, 1990 MAR p. 847, Eff. 5/1/90.) 24.5.360 REVIEW (1) The court will annually review and when necessary revise the rules of 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 2.52.360, 1989 MAR p. 2177, Eff. 12/22/89.) Rules of the Workers’ Compensation Court 44