Procedure: Motions: Generally

Insurance Company of State of Pennsylvania and Carol Bergquist v. State Fund [5/2/00] 2000 MTWCC 26 Where time for filing motion to amend response to petition has been set in WCC scheduling order, and missed by one day by moving party, the question is whether there is good cause to extend the deadline and excuse the moving party from its failure to file a timely motion. Where the deadline was missed by one day, the parties have already agreed to postpone the trial date, and the proposed amendments appear to state tenable defenses, the amendment of the response is allowed.
Stormont v. National Union Fire of Pittsburgh [1/3/96]1996 MTWCC 1 While lack of supporting affidavits and discovery may not always be fatal to a motion for summary judgment (for example, where the briefs reveal agreement to facts necessary to resolve the motion), summary judgment will be denied where the moving party does not comply with rules requiring authenticated evidence or sworn discovery to support the motion.