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38.2.5021    PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --USE OF CONFIDENTIAL INFORMATION--GENERAL

(1) Where written or oral reference to confidential information is required, reference must be by general citation of title or exhibit number or by non-confidential description and summary, such as the non-confidential summary supplied by the provider. If further reference to confidential information is necessary, oral reference must be presented in camera and written reference must be separated, clearly marked, filed with the commission under seal, and served only on counsel of record for each party.

(2) Where reference to confidential information is required in a commission decision, every effort will be made to make such reference through non-confidential summary. If it is not possible to make such reference by non-confidential summary, such reference must be separated, clearly marked, sealed, and served only on counsel of record for each party.

(3) Where in camera proceedings are recorded, stenographically or otherwise, the recording and all transcription of the recording must be separated, clearly marked, sealed, and maintained in accordance with the governing procedural order. The person recording the in camera proceeding and the person transcribing the recording of the in camera proceeding must comply with the governing protective order and must sign a nondisclosure agreement.

History: 69-3-103, MCA; IMP, 69-3-105, MCA; NEW, 2000 MAR p. 2037, Eff. 7/28/00; AMD, 2004 MAR p. 2592, Eff. 10/22/04.

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