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24.5.348    CERTIFICATION OF DECISIONS, APPEALS TO SUPREME COURT

(1) Appeals from the Workers' Compensation Court must be made as in the case of an appeal from a district court as provided in M. R. Civ. P. 72.

(2) The court's final certification for the purposes of appeal is considered a notice of entry of judgment.

(3) Appeals must be in compliance with the Montana Rules of Appellate Procedure.

(4) The court certifies its decisions as final without a determination of the amount of reasonable costs and attorney fees, except that:

(a) At any time prior to issuance of the decision and certification, a party to the dispute may submit a request that the court not certify the decision as final. Such a request must include a showing of good cause upon which the request is based.

(b) The court in its discretion may grant the request, in which case the decision of the court must not certify the judgment for purposes of appeal until the amount of the attorney fees and costs is determined.

(c) Regardless of whether or not the decision is certified as final for appeal purposes, ARM 24.5.344 determines and limits the time within which a party may petition for new trial or request amendment to the court's findings of fact and conclusions of law.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.348, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15.

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