Mont. Admin. r. 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.
Notes
AUTH: 2-4-201, MCA; IMP: 2-4-201, 39-71-2901, MCA
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