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24.5.303(2) The court adheres to the following filing rules:(a) The court does not charge a filing fee.(b) A party may accomplish filing with the court as follows:(i) by mail to P.O. Box 537, Helena, MT 59624-0537;(ii) by hand delivery to 1625 11th Avenue, Helena, MT;(iii) by fax to (406) 444-7798; or(iv) by e-mail attachment to dliwccfilings@mt.gov.(c) The court deems filing complete upon receipt by the court. However, a partyfiling by fax or e-mail attachment shall ensure that the court receives a hard copyoriginal within the time set forth in ARM 24.5.320. (History: 2-4-201, 39-71-2901,39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2903, 39-712905, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM2.52.303, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90;AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD,1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD,2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018MAR p. 305, Eff. 3/15/18.)24.5.304 ALTERNATIVE PLEADING (REPEALED) (History: 2-4-201, MCA; IMP, 2-4201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM2.52.304, 1989 MAR p. 2177, Eff. 12/22/89; REP, 1994 MAR p. 27, Eff. 1/14/94.)24.5.305 NATURE OF RULES (1) These rules are procedural in nature and will beapplied uniformly to all cases regardless of the date of injury unless specificallyotherwise provided. (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW,1990 MAR p. 847, Eff. 5/1/90.)24.5.306 BREVITY IN PLEADINGS AND FORM OF PAPER PRESENTED FORFILING (1) The court encourages brevity in pleadings and other documents. The courtmay return documents that in the court's opinion, are rambling or verbose withinstructions to correct deficiencies.(2) The parties shall file all documents in the form set forth below.(a) The parties shall use standard quality opaque, unglazed, recycled,unnumbered, unlined, 8 1/2 x 11-inch paper.(b) The parties shall legibly handwrite or typewrite all text.Rules of the Workers’ Compensation Court8

24.5.306(i) For typewritten or machine-printed text, the parties shall use a font sizeof no smaller than 12 points.(ii) The court requests that the parties use a sans-serif font, preferably theArial font. The court does not reject documents produced with a legibletypeface as nonconforming.(c) The parties shall single-space text, double-space between paragraphs, printon one side of the paper, and use a top margin of 1 1/2 inches and margins of 1inch on all remaining sides.(d) The parties shall place the title of the document and the page number as afooter at the bottom of the second and all subsequent pages.(e) The parties shall leave lines 1 through 7 of the right one-half of page 1 blankfor the use of the clerk.(f) The parties shall two-hole punch the top of any document over 5 pages inlength.(g) The parties shall include the number the court has assigned to the file, if any.(h) An attorney representing a party, or a party appearing without an attorney,shall place the name of the attorney or party appearing without an attorney,together with an address, phone number, fax number, and e-mail address, ifavailable, in the upper left-hand corner of the first page.Rules of the Workers’ Compensation Court9

24.5.306(i) At least one attorney of record shall sign every pleading, motion, orother paper of a represented party in the attorney's individual name. Aparty who is not represented by an attorney shall sign the pleading,motion, or other paper. Except when a rule or statute specifically providesotherwise, a party need not verify the party's pleadings or include anaffidavit with them. The court deems an attorney or party to have madethe same representations by signing a document whether the attorney orparty files by mail, hand delivery, fax, or e-mail attachment. The courtdeems an attorney's or party's signature on a pleading, motion, or otherpaper a certification that the party has read the pleading, motion, or otherpaper; that to the best of the party's knowledge, information, and beliefformed after reasonable inquiry it is well grounded in fact and is warrantedby existing law or good faith argument for the extension, modification, orreversal of existing law; and that the party has not interposed it for anyimproper purpose, such as to harass or to cause unnecessary delay orneedless increase in the cost of litigation. If an attorney or party signs apleading, motion, or other paper in violation of this rule, the court, uponmotion or upon its own initiative, imposes upon the person who signed it, arepresented party, or both, an appropriate sanction, which may include anorder to pay to the other party or parties the amount of the reasonableexpenses incurred because of the filing of the pleading, motion, or otherpaper, including a reasonable attorney fee. The court strikes unsignedpleadings, motions, or other papers unless, upon notification, the attorneyor party promptly rectifies the omission. (History: 2-4-201, 39-71-2901,MCA; IMP, 2-4-201, 39-71-2901, 39-71-2905, 39-71-2914, MCA; NEW,1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD,2018 MAR p. 305, Eff. 3/15/18.)24.5.307 THIRD-PARTY PRACTICE (1) The respondent may file a third-party petitionwith the court naming anyone not already a party to the action who may be liable to anynamed party for any or all of the claims asserted in the petition.(a) The third-party petitioner shall ensure that the third-party petition includes ashort, plain statement of the third-party petitioner's contentions with regard to thethird-party respondent's liability and may incorporate allegations of the petitionand/or the response to the petition.(b) The third-party petitioner shall file the third-party petition in accordance withARM 24.5.303 and ARM 24.5.320.(c) The third-party petitioner shall serve the third-party petition in accordancewith ARM 24.5.303.(2) After filing a response to a petition, the respondent may only attempt to join a thirdparty into a pending case through noticed motion in accordance with ARM 24.5.308 andARM 24.5.320.Rules of the Workers’ Compensation Court10

24.5.307(3) Within the time set forth in ARM 24.5.320, the third-party respondent shall serveupon all parties, and file with the court, a response that complies with ARM 24.5.302.(History: 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93,Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff.3/15/18.)24.5.307A JOINDER AND SERVICE OF ALLEGED UNINSURED EMPLOYERS(REPEALED) (History: 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905,MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD,2002 MAR p. 93, Eff. 1/18/02; REP, 2014 MAR p. 2829, Eff. 3/1/15.)24.5.308 JOINING THIRD PARTIES (1) The joinder of parties is governed whereappropriate by the considerations set forth in M. R. Civ. P. 14, 19, 20, and 21.(2) Unless otherwise permitted by order of the court, a motion to join a third party mustbe served within the time set forth in ARM 24.5.320. The motion must be filed andserved on all parties and the proposed third party. Any party and the proposed thirdparty shall have the time set forth in ARM 24.5.320 to serve objections to the motion.The court may, for good cause shown, grant joinder on such terms and conditions asare necessary to protect the interests of the existing parties, including the interest in aspeedy remedy.(3) If the joinder of a third party results in the trial being vacated and good cause isshown, the court may order the insurance company alleged to be at risk at the time ofthe accident to pay benefits pending the trial. Such insurer may seek indemnity from theresponsible insurer if it is later determined that it is not liable.(4) Within the time set forth in ARM 24.5.320, the joined party shall serve upon allparties, and file with the court, a response which complies with ARM 24.5.302. (History:2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-712901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.308, 1989MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p.922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2000 MAR p. 1513, Eff.6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15.)Rules of the Workers’ Compensation Court11

24.5.30924.5.309 INTERVENTION (1) A party may intervene in a pending proceeding as setforth in M. R. Civ. P. 24(a) and (b).(2) If the court vacates the trial because of a party's intervention and the petitionerdemonstrates good cause, the court may order the insurance company alleged to be atrisk at the time of the accident to pay benefits pending the trial. This insurer may seekindemnity from the responsible insurer if the court later determines that it is not liable.(History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff.11/26/83; TRANS, from ARM 2.52.309, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829,Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.)24.5.310 TIME AND PLACE OF TRIAL GENERALLY (1) The court has divided thestate into six geographic areas. Generally, the court holds trials in the places designatedin (3) except for trials in the Butte venue, which the court holds in Helena unless theparties request otherwise. Upon agreement of the parties and consent of the court, orupon order of the court, the court may hold a trial at any time and any place. The courtattempts to accommodate parties' requests for special trial settings; however, the courtreserves the discretion to determine the time and place of all trials.(2) The court commences trials on Monday of the week set for trial. The court convenesin each area four times per year unless the court finds good cause to cancel a trial term.Court is in session or recess at the convenience of the court. The court regularlyprepares a schedule that sets deadlines, the dates for pretrial conferences and trials,and the location of the pretrial conferences or trials in each area.(3) The court has named each of the six areas designated for trial schedule purposesfor the principal city in the counties making up the area as follows:(a) Kalispell area:(i) Flathead and Lincoln.(b) Missoula area:(i) Lake, Mineral, Missoula, Ravalli, and Sanders.(c) Butte area:(i) Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Powell, SilverBow, Gallatin, Park, Sweet Grass, and Wheatland.(d) Billings area:Rules of the Workers’ Compensation Court12

24.5.310(i) Big Horn, Carbon, Golden Valley, Musselshell, Petroleum, Stillwater,Treasure, Yellowstone, Carter, Custer, Dawson, Fallon, McCone, PowderRiver, Prairie, Richland, Rosebud, Wibaux, Daniels, Garfield, Phillips,Roosevelt, Sheridan, and Valley.(e) Great Falls area:(i) Blaine, Cascade, Chouteau, Fergus, Glacier, Hill, Judith Basin, Liberty,Pondera, Teton, and Toole.(f) Helena area:(i) Broadwater, Lewis and Clark, and Meagher.(4) Upon receipt of a petition regarding a dispute meeting the requirements of theserules, the court issues a scheduling order fixing deadlines for discovery, the filing ofpretrial motions, preparation of a pretrial order and other pretrial matters; setting thedate of the final pretrial conference; and setting a trial at a time that allows 75 days'notice. The court may, for good cause, hold a trial over to the next regular trial date orspecially set the trial for a different time and/or place. (History: 2-4-201, MCA; IMP, 2-4201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p.1618, Eff. 9/25/87; TRANS, from ARM 2.52.310, 1989 MAR p. 2177, Eff. 12/22/89;AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2003MAR p. 650, Eff. 4/11/03; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p.305, Eff. 3/15/18.)24.5.311 EMERGENCY TRIALS (1) The petitioner shall indicate any request foremergency trial in the title of the petition, and explain the facts constituting theemergency in the petition. The court may hold a trial upon less than 75 days' notice ifthe petitioner demonstrates good cause. The court designates these trials "emergencytrials." The petitioner shall set forth facts constituting the emergency in sufficient detailfor the court to determine whether an emergency exists. The petitioner shall also setforth a statement indicating the petitioner is ready to proceed to trial. If the petitionerdoes not demonstrate good cause for the emergency setting in the petition, the courtsets the trial on its regular trial calendar. The court may find that an emergency exists ifthe petitioner demonstrates:a) the potential for irreversible or serious harm resulting from inability to obtainmedical care or medications;(b) undue financial hardship constituting an inability to obtain the necessities oflife such as food, shelter, clothing, or transportation; or(c) other facts establishing an emergency.Rules of the Workers’ Compensation Court13

24.5.311(2) The court, on its own motion, may set a trial as an emergency trial. When the courtorders an emergency trial, the court provides reasonable notice of the time and placefor a pretrial conference and for the trial.(3) If the court makes a preliminary determination that good cause exists for anemergency trial setting, the court issues a notice to the opposing party, indicating that:(a) the petitioner filed a request for emergency trial;(b) the court made a preliminary determination that the petitioner set forth goodcause; and(c) the opposing party may file a written objection, containing a concisestatement setting forth the basis for the objection, within the time set forth in ARM24.5.320.(4) The court schedules a hearing as soon as practicable after either the opposingparty files a written objection or the time set forth in ARM 24.5.320 for objection to therequest for emergency trial setting runs, whichever occurs first. The court may hold thehearing in person or by phone. The court conducts the hearing to determine the validityof any objections to the emergency trial setting and to confirm the parties are preparedto proceed to trial. The court issues an order granting or denying the request for anemergency trial setting within 5 business days, or as soon as practicable, after theconclusion of the hearing. The court includes a scheduling order fixing the deadlinesreferenced in ARM 24.5.310(4) within either the emergency or regular trial setting.(History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff.11/26/83; TRANS, from ARM 2.52.311, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305,Eff. 3/15/18.)24.5.312 SETTING TIME AND PLACE OF TRIAL BY STIPULATION OR IN BESTINTERESTS OF THE COURT (REPEALED) (History: 2-4-201, MCA; IMP, 2-4-201,39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM2.52.312, 1989 MAR p. 2177, Eff. 12/22/89; REP, 2003 MAR p. 650, Eff. 4/11/03.)24.5.313 RECUSAL (REPEALED) (History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901,MCA; NEW, 1998 MAR p. 1281, Eff. 5/15/98; REP, 2014 MAR p. 2829, Eff. 3/1/15.)24.5.314 ADJUDICATION OF INTERIM BENEFIT CLAIMS UNDER 39-71-610, MCA(1) Appeals of determinations by the Department of Labor and Industry regardinginterim benefits under 39-71-610, MCA, may be presented to the court in letter form.The court initially addresses such appeals informally through telephone conferenceinvolving all parties.Rules of the Workers’ Compensation Court14

24.5.314(2) If any party objects to informal resolution of a dispute under 39-71-610, MCA, thecourt holds a formal evidentiary hearing on an expedited basis. Such hearing may beconducted through telephone conference if all parties agree. If requested by any party,the court promptly holds an in-person hearing in Helena or, at the court's discretion, insome other venue at a date and time set by the court. (History: 2-4-201, 39-71-610, 3971-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 2000MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15.)24.5.315 PRETRIAL IDENTIFICATION OF WITNESSES AND EXHIBITS(1) At the time set by the court, the parties shall exchange and file with the court:(a) a list of all lay witnesses, including those the parties identified in the petitionfor hearing or response to petition for hearing, along with a summary of thesubject matter on which the parties expect each lay witness to testify;(b) a list of all expert witnesses, including those the parties identified in thepetition for hearing or response to petition for hearing, along with a summary ofthe subject matter on, and the nature of the facts and opinions to, which theparties expect each expert witness to testify; and(c) a list of all proposed exhibits, identifying the exhibit by date, author, andnumber of pages.(2) If a party considers another party's disclosures inadequate, the party shall contactthe other party within the time set by the court to request additional information. If theparty remains dissatisfied with the information provided by the other party, thedissatisfied party may move to compel further disclosure in accordance with ARM24.5.316 and any deadline on these motions set by the court. (History: 2-4-201, MCA;IMP, 2-4-201, 39-71-2901, MCA; NEW, 2018 MAR p. 305, Eff. 3/15/18.)24.5.316 MOTIONS (1) The court fixes the deadline for filing a motion to amend apleading, to dismiss, to quash, for summary judgment, to compel, for a protective order,in limine, or for other relief in a scheduling or other order, unless the court specifies adifferent time in these rules.(2) The moving party shall make every motion in writing or on the record.(a) The moving party shall state within the motion whether any other partyopposes it. If the moving party is unable to contact any other party, the movingparty shall certify that the moving party attempted to do so.(b) If the moving party contacts all other parties and none oppose the motion,the moving party need not file any other documents beyond the motion. Thecourt deems the motion ripe for decision and rules.Rules of the Workers’ Compensation Court15

24.5.316(c) If a party opposes the motion, or if the moving party is unable to contact anyother party, the moving party shall file the motion with a supporting brief. Themoving party may include supporting documents and affidavits with the briefs. Aparty opposing a motion

Workers' Compensation Court to the judge or the clerk of court. Persons may direct inquiries or submissions regarding specific cases to the clerk of court, and shall include with any such inquiry or submission the number the court has assigned to the file, if any. (4) Personnel Roster. Persons may contact the workers' compensation judge and clerk