Montana Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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Multi-State
Control #:
US-02753BG
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Word; 
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Description

Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for or invalidity of the claim or its ...

Answer. Requests for the Production of Documents. Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.

A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.

Before action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any district court of the state of Montana may file a verified petition in the district court in the county of the residence of any expected adverse party.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests ...

(1) Either party may make a motion for an order to obtain discovery through the use of requests for production, depositions and written interrogatories, regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the parties ...

No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative ( ...

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Montana Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection