Dostal v. Uninsured Employers' Fund [11/05/12] 2012 MTWCC 41 Since ARM 24.5.337 does not provide for a reply brief, the Court granted Respondent’s motion to strike Petitioner’s reply brief to her motion for reconsideration. |
Cornelius v. Lumbermen's Underwriting Alliance [08/07/12] 2012 MTWCC 29 Where Respondent set forth a list of alleged “facts [which] deserve some more attention,” but offered no insight into what it expected the Court to do or how the list of items should cause the Court to reconsider its decision, the Court concluded that Respondent had not set forth grounds entitling it to reconsideration of the Court’s decision. |
Siebken
v. Liberty Northwest Ins. Co. [12/18/07] 2007 MTWCC 56
Where a matter was submitted and decided on briefs without a trial,
Petitioner’s “Petition for a New Trial” will be considered
as motion for reconsideration as a new trial cannot be granted where
no trial occurred. |
Michalak
v. Liberty Northwest Ins. Corp. [04/24/07] 2007 MTWCC 14A
Petitioner’s motion to amend the Court’s findings nunc
pro tunc to correct a clerical error was granted although Respondent
opposed the motion on the grounds that the Court lacked jurisdiction
due to the filing of an appeal. The Court retains jurisdiction pursuant
to ARM 24.5.337 to correct clerical errors even after a party files
a notice of appeal to the Montana Supreme Court. The language of Rule
60(a) of the Montana Rules of Civil Procedure is unambiguous. A clerical
error may be corrected at any time. |
Thompson
v. State of Montana, Liberty Northwest Ins. Co. and Montana State Fund
[01/11/06] 2006 MTWCC 1 ARM 24.5.337(1) does not provide
for the parties to request oral argument. Absent a request from the
Court, a motion for reconsideration is deemed submitted for decision
upon receipt of the nonmoving party’s response or the expiration
of the time for such response. |
Satterlee
v. Lumberman's Mutual Casualty Company [03/02/06] 2006 MTWCC 8
ARM 24.5.337 does not allow for a reply brief to be filed by the moving
party. Accordingly, the motion to file a reply brief must be denied.
Fleming v. International Paper Co., 2005 MTWCC 57. |
| Geery v. Travelers [5/1/03] 2003 MTWCC 35 A motion challenging a decision and order of the Court, whether raising new grounds or not, is a motion for reconsideration which must be filed within 20 days of the decision and order. ARM 24.5.337. |
| 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. |
| ERD/UEF v. Total Mechanical Heating [11/17/00] 2000 MTWCC 70 Motions to reconsider must be filed within 20 days. |