36.12.213 MOTIONS TO HEARING EXAMINER
(1) Any party may seek relief by means of an appropriate written motion. Written motions shall clearly state the relief sought by a party and the grounds and authority supporting the entry of an order granting the motion. 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.
(a) All written motions other than motions for summary judgment shall contain a statement that each party has been contacted and state whether the party contests the motion. Uncontested written motions shall be accompanied by a proposed order for the hearing examiner's consideration.
(b) Within ten days after service of a contested motion, each opposing party shall file a written response stating with particularity the factual and legal basis for opposition to the motion.
(c) Within ten days of being served with a response, the moving party may file a written reply in support of the written motion.
(d) A written motion, response, or reply may include a request for oral argument on the motion. At the hearing examiner's discretion the parties may be ordered to appear at a specific time and place for oral argument telephonically or in person before ruling on the motion.
(e) The original of all written motions, responses, and replies must be filed with the hearing examiner.
(f) A copy of all written motions, responses, and replies must be served on all parties.
(g) All written motions, responses, and replies must include a signed certificate of service setting forth the date and manner of service on all parties.
(2) At the hearing examiner's discretion, oral motions may be considered during a contested case hearing.
(a) The hearing examiner may request that an oral motion and/or any response presented at the time of hearing be submitted in writing before ruling.
(b) The hearing examiner may enter an oral ruling granting, denying, or modifying the relief requested at the time of hearing.
(3) The hearing examiner shall enter an order on all written and oral motions granting, denying, or modifying the relief requested. All orders of the hearing examiner regarding written and oral motions shall state with particularity the basis for the order and shall be:
(a) issued in writing prior to the hearing; or
(b) incorporated in writing into the hearing examiner's decision or final order following hearing.
History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.