Mont. Admin. R. 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 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 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.

Notes

Mont. Admin. R. 24.5.344

NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.222; AMD, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from Admin., 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. 11/21/14.

Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 39-71-2901 MCA;