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24.5.316    MOTIONS

(1) Unless a different time is specified in these rules, the time for filing any motion to amend a pleading, to dismiss, to quash, for summary judgment, to compel, for a protective order, in limine, or for other relief shall be fixed by the court in a scheduling or other order.

(2) When an appeal is taken from a final order of the department of labor and industry, unless a different time is fixed by order of the court any motion related to the appeal must be filed and served prior to the date for submission of briefs.

(3) Every motion shall be in writing and accompanied by a supporting brief. The brief may be accompanied by appropriate supporting documents and affidavits. An adverse party shall file an answer brief, which shall be accompanied by appropriate documents and affidavits, within 10 days. Within 5 days thereafter the moving party may file a reply brief. The filing deadlines set in this rule may be changed by order of the court. In addition to the requirements set forth in this rule, a party filing a motion for summary judgment under ARM 24.5.329 as well as a party opposing that motion, shall comply with the requirements of that rule.

(4) Failure to file briefs may subject the motion to summary ruling. Failure of the moving party to file a brief with the motion shall be deemed an admission that the motion is without merit. Failure of the adverse party to timely file an answer brief may be deemed an admission that the motion is well taken. Reply briefs are optional and failure to file a reply brief will not subject the motion to summary ruling.

(5) Unless otherwise ordered, oral argument will not be permitted. Unless oral argument is ordered, or unless the time is enlarged by the court, the motion is deemed submitted at the expiration of any of the applicable time limits. If oral argument is ordered the motion will be deemed submitted at the close of argument unless the court orders additional briefs, in which case the motion will be deemed submitted at the time set for filing of the final brief.

(6) An application for an extension of time for filing briefs or affidavits shall be made in writing but may be filed by fax. An application for extension may be granted by the court without notice to the adverse party only upon the applicant's written certification that an attempt has been made to contact the adverse party. Whenever an ex parte extension has been granted, the moving party shall immediately advise the adverse party of the new due date. Except under extraordinary circumstances, extensions of more than 10 days from the original due date shall not be granted.

(7) Nothing in this rule shall be construed to preclude the filing or presentation of motions or objections related to evidentiary and other matters arising at trial.

(8) Motions regarding discovery, procedure and similar pretrial issues may be presented informally by telephone conference call. The moving party shall arrange the call and for the participation of all parties. The court may designate a hearing examiner to preside and decide the motion. The court may make an oral ruling or direct that the motion be presented in writing and briefed. Any oral order shall thereafter be confirmed by written order.

History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from Admin. , 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 921, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96.

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