24.5.337    MOTION FOR RECONSIDERATION

(1) A party may move for reconsideration of any decision of the Workers' Compensation Court only upon the following three grounds:

(a) that the court overlooked some fact material to the decision;

(b) that the court overlooked some issue presented by the party that would have proven decisive to the case; or

(c) that the court's decision conflicts with a statute or controlling decision not addressed by the court.

(2) A party shall file any motion for reconsideration of a decision within the time set forth in ARM 24.5.320. The court reviews the motion before any other party responds. The court denies those motions it determines have no merit and orders the other party or parties to respond to those motions it determines may have merit. If the court orders a response, it deems the motion submitted for decision upon receipt of the response or the expiration of the time for the response unless the court requests oral argument. The court does not consider reply briefs from moving parties.

(3) Within 20 days of its issuance of any decision, the court may, on its own motion, reconsider the decision.

(4) If a party seeks reconsideration of an appealable decision, the court does not deem the original decision final until and unless the court denies the motion.

(5) No party may file a brief in support of or opposition to a motion for reconsideration that exceeds 5 pages.

 

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1998 MAR p. 2167, Eff. 8/14/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.