ARM 24.5.303 - SERVICE AND COMPUTATION OF TIME

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.

Bauer v. CNA [2/8/02] 2002 MTWCC 2A Where an order of the Court is served by mail, 3 days are added to the 20 day period allowed for the filing of a motion for reconsideration. ARM 24.5.337 and 24.5.303.