Procedure: Post-Trial Proceedings: Motion for Reconsideration
Lawrence
v. UEF [03/08/06] 2006 MTWCC 10 Where Respondent raises
no new issues in its motion for reconsideration and the issue upon which
its motion to dismiss was denied is clearly controlled by the Montana
Supreme Court’s decision in Colmore v. Uninsured Employers’
Fund, 2005 MT 239, 328 Mont. 441, 121 P.3d 1007, Respondent’s
motion for reconsideration is denied. |
Fleming
v. International Paper Co., as successor in interest to Champion Int'l
Co., and Liberty Northwest ins. Corp. 2005 MTWCC 57 Although
ARM 24.5.337(1) allows for reconsideration of any order or
decision of the Workers’ Compensation Court which would include
an order denying a motion for reconsideration, the interests of judicial
economy and finality mandate that the Court entertain motions for “re-reconsideration”
only under compelling circumstances. |
Fleming
v. International Paper Co., as successor in interest to Champion Int'l
Co., and Liberty Northwest ins. Corp. 2005 MTWCC 57 ARM
24.5.337 provides, in pertinent part, that “[u]pon receipt
of the response, or the expiration of the time for such response, the
motion will be deemed submitted for decision unless the court requests
oral argument.” The rule does not allow for the filing of a reply
brief in support of a motion for reconsideration and the Court declines
to read such a provision into the rule. |
Fleming
v. International Paper Co., as successor in interest to Champion Int'l
Co., and Liberty Northwest ins. Corp. 2005 MTWCC 57 Absent
compelling circumstances, new issues may not be raised for the first
time in a motion for reconsideration. |
Hansen
v. Liberty NW [06/23/05] 2005 MTWCC 32 Where
the evidence tendered in support of a motion for a new trial was available
to the party at the time of trial, the request for a new trial is denied.
|
State
Fund v. Murray [6/8/04] 2004 MTWCC 50 Motion for reconsideration
will be denied where the findings entered by the Court are supported
by the evidence and the law compels the result reached in the decision. |
Bauer
v. CNA [2/8/02] 2002 MTWCC 2A Upon a motion to reconsider a
grant of summary judgment, the Court will not consider issues not raised
by the pleadings. |
Bauer
v. CNA [2/8/02] 2002 MTWCC 2A A party cannot hold back evidence
when responding to a motion for summary judgment and then use it in
requesting reconsideration of an order granting or denying summary judgment,
at least where that evidence was known or should have been known to
the party. |
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. |
Hiett
v. MSGIA [12/19/01] 2001 MTWCC 66 It is improper for
a party to reargue his or her case through a motion for reconsideration.
Where the arguments have previously been raised, the proper remedy is
an appeal, not a motion to reconsider. |
Hiett
v. MSGIA [12/19/01] 2001 MTWCC 66 Issues cannot be raised
for the first time in a pretrial motion for reconsideration. |
McAdam
v. National Union Fire Ins. Co. of Pittsburgh [4/29/98] 1998 MTWCC 34
Where pro se claimant requested rehearing because Court's judgment
was "in contradiction of facts this court found," WCC reviewed
findings of fact and conclusions of law and found them consistent. The
fact that claimant also forwarded an MRI report after the initial motion,
which was received after the deadline for moving for a rehearing, does
not require a new hearing. Claimant is not, however, precluded from
filing a new petition on the basis of the MRI or other alleged new medical
information. |
Royal
Ins. Co. v. Roadarmel and White [7/30/99] 1999 MTWCC 48
[Summary Judgment Grant reversed; 2000
MT 259] Where respondents and cross-movants for summary judgment
did not contest statement of facts offered by other party, they cannot
do so on motion for reconsideration of ruling. Nor can they reargue
the merits of the motion. |
W.R.
Grace & Co. and Transportation Ins. Co. v. Riley [4/22/98] 1998
MTWCC 32 Motion captioned Motion for Rehearing denied where
it was in fact a motion to amend the Court's Declaratory Judgment and
was based on factual allegations not made in the proceeding. The factual
record was previously closed. |
Burglund v. Liberty Mut. NW Ins. Co. [05/01/95] 1995 MTWCC 31 While the Court will not simply reopen a case because claimant alleges subsequent developments post-trial, section 39-71-2909, MCA, grants the Court jurisdiction to consider subsequent changes in a claimant’s disability. Where claimant alleges decline in his condition since trial, including present inability to work and possible inability to return to his time-of-injury job, his remedy is to file a new petition. |