Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 7. Judicial Review of Contested Cases

Mont. Code Ann. § 2-4-703

Receipt Of Additional Evidence

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 7
  5. 2-4-703 Receipt of additional evidence

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 7. Judicial Review of Contested Cases

Receipt Of Additional Evidence

2-4-703. Receipt of additional evidence. If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

History: En. Sec. 16, Ch. 2, Ex. L. 1971; amd. Sec. 17, Ch. 285, L. 1977; R.C.M. 1947, 82-4216(5).

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1982–2022 · leading case: Pannoni v. Board of Trustees, Browning School District No. 9
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Pannoni v. Board of Trustees, Browning School District No. 9 (2004) mont · cites it 32× “" Section 2-4-703, MCA (emphasis added). The agency may then modify its findings and decision based on the additional evidence and file the modifications or new findings with the reviewing court.”
O'NEILL v. Department of Revenue (1987) mont · cites it 8× “Our analysis of these issues begins with the Montana Administrative Procedure Act (MAPA) Section 2-4-703, MCA, which requires prior permission of the court before any additional evidence can be presented to an administrative agency: “If, before the date set for hearing,…”
BNSF Railway Co. v. O'Dea (2009) ca9 · cites it 2× “[8] Mont.Code Ann. § 2-4-703. [9] Int'l Coll.”
Schneeman v. State, Dept. of Labor & Ind. (1993) mont · cites it 6× “She relies on § 2-4-703, MCA, a provision of the Montana Administrative Procedure Act (MAPA), which allows for the presentation of additional evidence during judicial review of a contested case if the evidence is material and there is a good reason for failure to present it in…”
Wage Claim of Holbeck v. Stevi-West, Inc. (1989) mont · cites it 5× “) Section 2-4-703, MCA. The evidence sought to be introduced by Stevi-West consisted of testimony of three individuals employed by the bowling center concerning the number of employees supervised by Holbeck.”
Whitehall Wind, LLC v. Montana Public Service Commission (2010) mont · cites it 5× “The PSC further argued that § 2-4-703, MCA, precluded augmentation of the record because Whitehall had not made the necessary showing.”
Arlington v. MILLER'S TRUCKING, INC. (2012) mont · cites it 6× “The court acknowledged that it could order the consideration of additional evidence, pursuant to §2-4-703, MCA, which provides: If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of…”
SHAMROCK MOTORS, INC., Plaintiff-Appellee, v. FORD MOTOR COMPANY, Defendant-Appellant (1997) ca9 “Mont. Code Ann. § 2-4-703 . Rather, the court is required to return the case to the agency so that it can hear that evidence and then “modify its findings and decision” if it deems that appropriate.”
Pryor School District Nos. 2 & 3 v. Superintendent of Public Instruction (1985) mont · cites it 6× “Section 2-4-703, MCA. *79 The appellant, school district, did apply for leave to submit additional evidence pursuant to Section 2-4-703, MCA.”
Hi-Line Radio Fellowship v. Department of Revenue (1987) mont · cites it 11× “” Section 2-4-703, MCA, relating to judicial review of contested cases under the “Montana Administrative Procedure Act,” provides: “If, before the date set for hearing, application is made to the court for leave to present additional evidence .”
Department of Labor & Industry v. Al's Sales, Inc. (1990) mont · cites it 5× “Section 2-4-703, MCA. In the case now before us, it is clear that the lower court was not adequately informed of the circumstances surrounding the default.”
BNSF Railway Company v. Rod (2022) mtd · cites it 11× “…modifications, new findings, or decisions with the reviewing court. Mont. Code Ann. § 2-4-703 . BNSF argues, and the Court agrees, that its motion to present additional evidence is timely because there has not been a hearing yet on the petition for judicial review. To…”
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— Mont. Code Ann. § 2-4-703(3) — 1 case
Ibsen v. MSBME (2021) mont
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