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36.12.215    DISCOVERY

(1) Written discovery may commence upon service of the hearing notice and appointment of hearing examiner. Unless otherwise specified in this rule or order of the hearing examiner, the methods, scope, and procedures of discovery available pursuant to the Montana Rules of Civil Procedure apply to written discovery in a contested case.

(2) A party may make a written demand upon another party requesting the disclosure of witnesses and written documents following the commencement of discovery. Within ten days of a service of a written demand, the responding party must:

(a) disclose the names and addresses of all witnesses known to the responding party to have knowledge of relevant facts along with a brief summary of the facts known by each witness, whether the responding party intends to call the witness as a witness at hearing, and the anticipated testimony of any witness the responding party intends to call as a witness at hearing. All witnesses unknown at the time of said disclosure shall be disclosed, together with a brief summary of the expected testimony, as soon as they become known;

(b) identify all relevant documents, maps, photographs, correspondence, recorded statements, or other written materials;

(c) provide the name and address of the custodian of such information; and

(d) disclose whether the responding party intends to use the evidence at hearing.

(3) Unless otherwise provided for by order of the hearing examiner, within ten days of being served with written requests for production of documents, written interrogatories, and/or written requests for admission, the responding party shall serve written responses and/or objections upon the requesting party.

(4) Any party unreasonably failing upon demand to make the disclosure by this rule, may be foreclosed from presenting any evidence at the hearing through witnesses not disclosed or through witnesses whose statements are not disclosed.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-602, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.

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