24.5.303 SERVICE AND COMPUTATION OF TIME (1) Except as provided below, the court will serve the furnished copies of the petition or third-party petition upon adverse parties and others, as designated in the petitioner's or third-party petitioner's instructions, by mailing them at Helena, Montana, with first class postage prepaid.
(a) If the respondent or third-party respondent is an unrepresented claimant, other individual, corporation, partnership, limited liability company, or other entity other than a Montana state agency, insurer doing business in Montana, self-insurer, insurance guarantee fund, or insurer qualified to do business in Montana at the time of an alleged injury or occupational disease and its successors and predecessors, then the party filing the petition or third-party petition shall cause personal service of a summons and the petition or third-party petition upon the respondent or third-party respondent in accordance with the provisions of the Mont. R. Civ. P. regarding service of summons and complaint.
(b) If the matter involves a third-party respondent, service shall include all pleadings and orders filed in the case to date.
(c) Time lines for service, return of service and response shall be in accordance with the rules of the workers' compensation court or as ordered by the workers' compensation court.
(d) The petitioner or third-party petitioner is responsible for providing correct names and addresses of all parties to be served by the court.
(2) All pleadings subsequent to the original petition, every written motion, and any other document described in Rule 5, Mont. R. Civ. P. shall be accompanied by proof of service as provided in Rule 5, Mont. R. Civ. P. when submitted to the court. Service by mail is complete on mailing and is deemed served on the date as shown on the proof of service.
(3) Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days shall be added to the prescribed period.
(4) In computing the time for any response as provided for in these rules, weekends and holidays shall be included. If a deadline falls on a weekend or holiday the deadline is the next workday.
(5) Unless the court specifically orders otherwise, filing with the court may be accomplished by mail addressed to the clerk, and such filing will be deemed complete on the date shown on the certificate of mailing.
(6) The court will accept fax filings, but an original of any document filed by fax should be filed in the court within three days. The signature of an attorney or party on any fax filing shall have the same effect, and carry the same representations and consequences, as a signature on an original filing.
(7) Every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record in her/his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the pleading, motion, or other paper and state her/his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certificate that the person has read the pleading, motion, or other paper; that to the best of her/his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney fee. (History: Sec. 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.203; 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, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/1/02.)
