Procedure: Parties

Hartford v. Montana State Fund, In re Claim of McKirdy [08/01/12] 2012 MTWCC 28 The Court concluded that, where the claimant was not a party to this action, the Court could not make a ruling which would affect the claimant’s interests since the claimant is entitled to due process of law.

Benton v. Uninsured Employers' Fund [01/16/09] 2009 MTWCC 2 Where the UEF joined in Respondent’s motion for summary judgment and Respondent was subsequently dismissed as a party, judicial economy is not served by requiring a pro forma “do over” of the motion and order, irrespective of whether Respondent was a proper party to the action. The UEF’s joinder in the employer’s motion renders the issue of whether the employer was a proper party at the time it filed the motion moot.

Rausch v. Montana State Fund & Ruhd v. Liberty [02/22/05] 2005 MTWCC 9 A summons hales the summoned party into court and makes the summoned party a party respondent to the action.