Procedure: Post-Trial Proceedings: Re-opening the Record

Monroe v. MACO Workers Comp Trust [08/26/13] 2013 MTWCC 23 A motion to allow additional evidence filed post-trial is essentially a motion to reopen the record.  It will not be granted where Respondent was aware through Petitioner’s discovery responses that Petitioner had other OD claims for asbestos-related disease and Respondent failed to either inquire about the claims with the Employment Relations Division or to respond to Petitioner’s objections with a motion to compel.  A party’s failure to act to gather information does not provide a basis to reopen a case after the close of evidence.