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 will issue an order or will issue findings of fact and 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 20 days after the order or judgment is served.

(2) If a petition for a new trial or request for amendment is filed, the party requesting the new trial or amendment shall set forth specifically and in full detail the relief requested. An opposing party will have 10 days from the date of service pursuant to ARM 24.5.303(3) to respond.

(3) If a petition for a new trial or request for amendment is filed, the original order or judgment issued by the court shall not be considered the final decision of the court pending the denial or granting of the new trial or amendment.

(4) If a new trial is granted, the matter will be 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 will issue an order or findings of fact and conclusions of law and judgment setting forth the court's determination of the disputed issues. (History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; 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.)