18.2.105    MOTIONS FOR SUMMARY JUDGMENT

(1) Any party may move, with or without supporting affidavits, for summary judgment in the party's favor upon all or some of the contested issues in any proceeding that comes before the department. A motion for summary judgment may be granted if the motion, affidavits, and other documentation show that there is no genuine issue as to any material fact and one party is entitled to a favorable decision as a matter of law.

(2) A party is entitled to a hearing on a motion for summary judgment.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 2010 MAR p. 1731, Eff. 7/30/10.