Wommack v. National Farmers Union Property & Casualty Co., et al. [12/26/14] 2014 MTWCC 22 The plain language of § 39-72-602, MCA, provides that the OD evaluation must be completed before a petition for hearing is filed with the Court.  Therefore, the Court will dismiss any case filed before completion of the OD evaluation due to the “jurisdictional defect.”