24.5.348 CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT

24.5.348 CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT (1) Appeals from the workers' compensation court shall be as in the case of an appeal from a district court as provided in Rule 72, Mont.R.Civ.P.

(2) The court's final certification for the purposes of appeal shall be considered as a notice of entry of judgment.

(3) In compliance with Rule 10(a) of the Rules of Appellate Procedure, an original and two copies of each transcript of proceedings must be lodged with the clerk of this court for filing.

(4) The court will certify its decisions as final without a determination of the amount of reasonable costs and attorney fees, except that:

(a) A party to the dispute may submit, with party's proposed findings and conclusions or otherwise at any time prior to issuance of the decision and certification, a request that the decision not be certified as final. Such a request must include a showing of the good cause upon which the request is based.

(b) The court in its discretion may grant the request, in which case the decision of the court shall not certify the judgment for purposes of appeal until the amount of the attorney fees and costs is determined.

(c) Regardless of whether or not the decision is certified as final for appeals purposes, ARM 24.4.344 shall still determine and limit the time within which to petition for new trial or request amendment to the court's findings of fact and conclusions of law.

(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 2.52.223; AMD, 1987 MAR p. 1618, Eff. 9/25/87; 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, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98.)