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24.5.303    SERVICE AND FILING

(1) The court adheres to the following service rules:

(a) The court requires a party to make service in certain circumstances.

(i) Generally, the court makes service upon opposing parties and others, as designated in the petitioner's or third-party petitioner's instructions, by mail from Helena, Montana, with first-class postage prepaid. The petitioner or third-party petitioner shall provide the following for each party the petitioner or third-party petitioner wishes the court to serve, including the petitioner or third-party petitioner:

(A) a copy of the petition or third-party petition; and

(B) a correct name and address.

(ii) However, the party filing the petition or third-party petition shall make personal service upon the respondent or third-party respondent in accordance with the provisions of the Montana Rules of Civil Procedure regarding service of summons and complaint if the respondent or third-party respondent is an entity other than a Montana state agency, insurer doing business in Montana, self-insurer, insurance guarantee fund, or insurer qualified to do business in Montana at the time of an alleged injury or occupational disease and its successors and predecessors.

(b) The court requires that different materials be served depending on the identity of the server and whether the matter involves a third-party respondent.

(i) When the Workers' Compensation Court makes service, it serves copies of the petition, amended petition, or third-party petition.

(ii) When the party filing the petition or third-party petition makes service, the party shall serve a summons and the petition or third-party petition.

(iii) If the matter involves a third-party respondent, the court or third-party petitioner shall include all pleadings the parties have filed and orders the court has issued in the case to date with service.

(c) The court requires a certificate of service as follows:

(i) Each party shall provide the court with a certificate of service as described in M. R. Civ. P. 5 when filing a pleading after the original petition, a written motion, or any other document described in M. R. Civ. P. 5.

(ii) The court deems service complete on the date as shown on the certificate of service.

(2) The court adheres to the following filing rules:

(a) The court does not charge a filing fee.

(b) A party may accomplish filing with the court as follows:

(i) by mail to P.O. Box 537, Helena, MT 59624-0537;

(ii) by hand delivery to 1625 11th Avenue, Helena, MT;

(iii) by fax to (406) 444-7798; or

(iv) by e-mail attachment to dliwccfilings@mt.gov.

(c) The court deems filing complete upon receipt by the court. However, a party filing by fax or e-mail attachment shall ensure that the court receives a hard copy original within the time set forth in ARM 24.5.320.

 

History: 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.303, 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, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.

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