(1) Any party may seek procedural relief in a contested case by means of an appropriate motion. Appropriate motions include motions to dismiss, motions for summary judgment or judgment upon the pleadings, motions to strike and any other motion provided for or permitted by the Montana Rules of Civil Procedure.

(2) Motions shall clearly state the procedural relief sought by a party, the grounds and authority supporting the entry of an order granting the motion, any prejudice which would result should the motion be denied, and the precise relief desired. All motions which assert factual matters not of record as the grounds for relief must be accompanied by affidavits or verified exhibits which show the facts upon which the proposed relief is grounded. Each motion must be supported by a brief or memorandum of law showing the moving party's entitlement to relief as a matter of law. The commission or hearing examiner may deny any motion which is not supported by an affidavit, where required, and which is not supported by a brief or memorandum of law.

(3) Upon filing a motion or within five days thereafter, the moving party shall file the brief provided for in (2) . Within ten days after service of that brief the opposing party shall file an answer brief. Within ten days after the service of the answer brief the moving party may file a reply brief or other appropriate response.

(4) The failure to file a brief or a memorandum of law may subject the motion to summary ruling, and failure of a moving party to file a brief in support of the motion may be treated as an admission the motion is without merit. The failure to file an answer brief may be treated as an admission the motion is well taken and should be granted. The filing of a reply brief by the movant is optional and failure to file one will not subject the motion to summary ruling.

(5) The hearing examiner or the commission may order live or telephonic oral argument upon a motion on its own motion or that of a party, or may limit argument upon motions to the moving and responding papers. Unless oral argument is required, a motion is deemed submitted for a ruling upon the expiration of the time allowed by (3) or by any enlargement of time allowed by order. Where oral argument is allowed, the motion is deemed submitted at the close of oral argument or upon further order.

(6) Oral motions may be heard during the course of hearing or in extraordinary situations which do not result in prejudice to a party.