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Rule Title: LITIGATION EXPENSES: CONTENTS OF PETITION AND ANSWER
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Department: ENVIRONMENTAL QUALITY
Chapter: RECLAMATION
Subchapter: Strip and Underground Mine Reclamation Act: Miscellaneous Provisions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.1309    LITIGATION EXPENSES: CONTENTS OF PETITION AND ANSWER

(1) A petition for costs, expenses, or attorney fees must include the name of the person from whom costs and expenses are sought and the following must be submitted in support of the petition:

(a) an affidavit setting forth in detail all costs and expenses including attorney fees reasonably incurred for or in connection with, the person's participation in the proceedings;

(b) receipts or other evidence of such costs and expenses; and

(c) where attorney fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services.

(2) Any person served with a copy of the petition shall have 30 days from service of the petition within which to file an answer to such petition.

 

History: 82-4-205, MCA; IMP, 82-4-251, MCA; NEW, 1980 MAR p. 2875, Eff. 10/31/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.


 

 
MAR Notices Effective From Effective To History Notes
17-432E 2/10/2024 Current History: 82-4-205, MCA; IMP, 82-4-251, MCA; NEW, 1980 MAR p. 2875, Eff. 10/31/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.
1/13/1989 2/10/2024 History: 82-4-204, 82-4-205, MCA; IMP, 82-4-251, MCA; NEW, 1980 MAR p. 2875, Eff. 10/31/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042.
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