24.5.317 MEDICAL RECORDS
(1) "Medical records" for purposes of this rule includes all medical notes, reports, test results, correspondence, and other written records or materials regularly maintained by any medical provider as a part of the provider's records or file. "Medical records" includes all reports, correspondence, and other documents authored by any medical provider.
(2) Within the time set by the scheduling or other order of the court, the parties shall exchange all medical records in the parties' possession relevant to the claimant's work-related medical conditions, other than records of professional consultants who have not examined the claimant, will not be witnesses at trial, and whose records the party does not intend to offer into evidence. Failure to exchange any medical record by the exchange deadline precludes its use at trial except by stipulation of the parties or order of the court for good cause.
(3) Any party who intends to object to the admissibility of a medical record shall make such objection in writing. All objections to medical records must identify each medical record to which an objection is made and the particular objection to the record. The party shall serve its objections upon the adverse party within such time fixed by the scheduling or other order of the court. Failure to object to a medical record in the manner and within the time specified by this rule is deemed a waiver of any objection to the record, and constitutes an admission by the party that the record is authentic and admissible under the Montana Rules of Evidence and the rules of the Workers' Compensation Court.
(4) A party is not required to call as a witness the medical provider or the custodian of the medical record solely for the purpose of authenticating the medical record. If a party timely objects to the authenticity of a medical record, that party may call the medical provider or the custodian of the record as a witness either at trial or by deposition and may examine the witness regarding the authenticity of the medical record.
History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.317, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2001 MAR p. 153A, Eff. 3/1/01; AMD, 2014 MAR p. 2829, Eff. 3/1/15.