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Workers’ Compensation Court

2015 Biennium Workers’ Compensation Court Goals and Objectives

Goal #1: Continue flexible policy of trying cases when and where the parties wish.
Objective: The Court has statewide jurisdiction and holds regular trial terms in five Montana cities: Billings, Great Falls, Helena, Kalispell, and Missoula. Week-long trial terms are held in each city four times a year. In the past, the Court has also held trials in Butte, Red Lodge, Big Fork, Miles City, Malta, Columbus, Bozeman, Sidney, and Plains.

Goal #2: Continue to maintain the average time between trial and decision to within 90 days of trial or submission.
Objective: The Court has law clerks on staff who attend trials. The law clerks are law school graduates who conduct legal research and assist with drafting and finalizing decisions and interim Orders. The Court maintains an in-house submitted list which prioritizes cases by date of trial or submission of motions and is reviewed weekly by the law clerks and Judge.

The Court has been encouraging parties practicing before the Court to have all motions fully briefed and depositions filed on their due date so that the matter can be finally submitted at the conclusion of the trial. In addition, recent procedures have been implemented to facilitate rulings on motions to assist matters proceeding to trial in a timely manner. The clerk of court and deputy clerk I also act as pretrial hearing examiners. The pretrial hearing examiners facilitate the pretrial process to ensure the matter will be submitted at the conclusion of the trial.

The Court endeavors to issue bench rulings whenever possible, thus expediting decisions. In order to facilitate this goal, the Court has a court reporter/deputy clerk on staff. This facilitates the issuance of bench rulings which could not otherwise be issued immediately upon the conclusion of a trial.

Goal #3: Continue to manage common fund and related cases efficiently.
Objective:

The Court has implemented procedures to allow for the dismissal of parties who are not properly within the common fund. The Court has also appointed a Special Master to address the numerous pretrial matters which allows common fund cases to be handled efficiently and not negatively impact the Court’s regular docket. The Court continues to strive toward managing the common fund and related cases in an efficient, effective manner. Each document filed in a common fund or related case is posted on the Court's website for the public’s perusal, enabling everyone access to the status of each case. A weekly e-mail is sent to parties of common fund and related cases as a reminder to keep the parties apprised of recent filings and events.

Goal #4: Reporting of interim conferences readily available.
Objective: The Court has a court reporter/deputy clerk on staff. This allows any interim conferences to be reported should the Court or parties request, while maintaining an efficient clerk’s office within budget constraints.

Goal #5: Continue to post final, published decisions on the Court’s website and provide efficient search tools and a topics index for research purposes.
Objective: The Court will continue to post its published decisions and any substantive orders on its website. The law clerks compose topics in each published decision for research purposes. The topics are then input into the topics indexes and uploaded onto the Court's website. The Court endeavors to refine its search engine by partnering with information technology personnel and encourages attorneys practicing before the Court to utilize the topics index and search engines in conducting legal research.

Goal #6: Continue to maintain the Workers’ Compensation Court website.
Objective: The Court has an extensive website with helpful information for parties practicing before the Court. The court clerks are proficient in uploading information on the website to ensure current data and information for its users. Court decisions are published on the website dating back from 1993 to the present. Additionally, a topics index is available which is useful for legal research. Links to Montana Supreme Court decisions and other state agencies are also provided on the website. Court personnel are readily accessible through e-mail address links located on the website. The website contains the Court’s calendar, which is continually updated. The website also contains the Court rules, legal forms, general information, and helpful hints.

Goal #7: Continue to support easy accessibility by pro se (unrepresented) parties.
Objective: The Workers’ Compensation system is intended to be primarily self-administering. In furtherance of this goal, the Court is designed to make navigating through the system as easy as possible for pro se (unrepresented) parties. One of the ways this goal is accomplished is by keeping the extensive website updated. Additionally, the Court provides helpful assistance with any procedural question a pro se party may have. Along with the Court’s rules, the website contains forms and an informational brochure specifically geared toward pro se parties. Hard copies of these materials are also available upon request.

Goal #8: Continue to support settlement conferences and mediation services.
Objective: The Court urges parties to engage in settlement discussions and offers settlement conference and mediation services with a staff law clerk on a case-by-case basis.

Montana Workers' Compensation Court Website: http://wcc.dli.mt.gov/