Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE
Subchapter 24.5.3 - Procedural Rules
Rule 24.5.303 - SERVICE AND FILING
Universal Citation: MT Admin Rules 24.5.303
Current through Register Vol. 18, September 20, 2024
(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.
AUTH: 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
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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