Procedure: Motions: Cross Motions

Wombold v. Montana State Fund [12/29/09] 2009 MTWCC 40 Where the claimant moved for summary judgment and the insurer did not cross-motion in a case where the issue was purely an issue of law with no issues of material fact remaining, the Court concluded that while it may be appropriate to grant summary judgment in favor of the non-moving party with no formal cross-motion, the claimant must be afforded notice and an opportunity to be heard. The Court therefore reserved entering judgment for a period of time to allow the claimant to respond.