Procedure: Issues

Hopkins v. Uninsured Employers' Fund [06/25/10] 2010 MTWCC 9A Where the UEF failed to list its claim for indemnification in the disputed issues section of the final pretrial order, but listed the indemnification issue in its contentions, the employer had no basis to claim surprise and the Court may consider the indemnification issue.

Kilgore v. Transportation Ins. Co. [10/27/08] 2008 MTWCC 47 Where Respondent moved to introduce a proposed exhibit and sought a post-trial deposition for impeachment and/or rebuttal purposes, the Court concluded that Respondent sought to introduce untimely disclosed evidence in order to fundamentally alter the issues that were incorporated into the Pretrial Order as agreed to at the pretrial conference. If the Court allowed the admission of such evidence under the guise of impeachment or rebuttal evidence, it would effectively negate the fundamental purpose of a Pretrial Order which is to simplify issues, prevent surprise, and allow the parties to prepare for trial based on the Pretrial Order.

Kilgore v. Transportation Ins. Co. [10/27/08] 2008 MTWCC 47 At the time of the pretrial conference, the parties stipulated that the 1987 statutes applied to Petitioner’s claim, finalized the language in the final Pretrial Order, and agreed on the determinative issues for the Court’s consideration. After the conference, Respondent sought to amend the Pretrial Order and introduce a previously undisclosed exhibit. The Court found no good cause for Respondent’s untimely disclosure of the evidence nor for the requested amendment to the Pretrial Order.
Fleming v. International Paper Co., as successor in interest to Champion Int'l Co., and Liberty Northwest ins. Corp. 2005 MTWCC 57 Absent compelling circumstances, new issues may not be raised for the first time in a motion for reconsideration.
Conoco, Inc. v. Williams Insulation Co. 2003 MTWCC 15 The Court will not consider constitutional arguments which merely cite a constitutional provision and no other legal authority.
Conoco, Inc. v. Williams Insulation Co. 2003 MTWCC 15 The Court will not consider issues outside the scope of the pleadings, including affirmative defenses not alleged in the response to the petition.
Hiett v. MSGIA [12/19/01] 2001 MTWCC 66 Issues cannot be raised for the first time in a pretrial motion for reconsideration.