Procedure: Rules (generally)

Benton v. Uninsured Employers' Fund [08/14/08] 2008 MTWCC 40 Petitioner’s explanation that her brief was untimely because her counsel mistakenly calendared the deadline pursuant to Mont. R. Civ. P. 6(a) is well-taken. However, this Order should not be viewed as a de facto modification of the rules that govern this Court’s procedure. Although Petitioner argued that a recent Montana Supreme Court opinion stands for the proposition that the Rules of Civil Procedure take precedence over the administrative rules of procedure, proceedings in the Workers’ Compensation Court are not governed by the Rules of Civil Procedure, but by the Montana Administrative Procedure Act.
Fleming v. International Paper Co., as successor in interest to Champion Int'l Co., and Liberty Northwest ins. Corp. 2005 MTWCC 57 While the Workers' Compensation Court may look to the Montana Rules of Civil Procedure where its own rules are silent, it is not required to adopt the Rules of Civil Procedure.
Lanz v. Liberty Northwest Ins. Corp. [08/03/05] 2005 MTWCC 44 Where the rules of the Workers’ Compensation Court are silent, the Court may look to the Montana Rules of Civil Procedure for guidance. ARM 24.5.352.
Polk v. Planet Ins. [5/31/02] 2001 MTWCC 44A While Rule 24(d), Mont.R.Civ.P., requires the party raising a constitutional issue to give the Attorney General notice of the challenge, the Workers' Compensation Court has assumed responsibility for giving that notice.
Polk v. Planet Ins. [5/31/02] 2001 MTWCC 44A While the Workers' Compensation Court may look to the Montana Rules of Civil Procedure where its own rules are silent, it is not required to adopt the Rules of Civil Procedure.