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24.5.316    MOTIONS

(1) Unless a different time is specified in these rules, the deadline 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 is 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 must be in writing and accompanied by a supporting brief. Supporting documents and affidavits may accompany the briefs. An adverse party shall file a response brief, accompanied by appropriate documents and affidavits, within the time set forth in ARM 24.5.320. Within the time set forth in ARM 24.5.320 thereafter, the moving party may file a reply brief. The filing deadlines 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.

(a) A party shall not be required to file a response to a summary judgment motion earlier than the deadline for filing a response to a petition.

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

(5) Unless otherwise ordered, the court does not permit oral argument. Unless the court orders oral argument, 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 the court orders oral argument, the motion is deemed submitted at the close of argument unless the court orders additional briefs, in which case the motion is 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 must be made in writing but may be filed electronically or by fax. The application must state whether any party agrees to or opposes the extension of time requested. The court may grant an application for an extension of time without notice to the adverse party only upon the applicant's written certification that an attempt was made to contact the adverse party. Whenever the court grants an ex parte extension, the moving party shall immediately advise the adverse party of the new due date. Except under extraordinary circumstances, the court does not grant extensions of more than 10 days from the original due date. If the filing deadline has passed, the court grants extensions of time only for good cause shown.

(7) Nothing in this rule precludes 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. 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 must thereafter be confirmed by written order.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.316, 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; AMD, 2014 MAR p. 2829, Eff. 3/1/15.

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