Rule 36.12.215 - DISCOVERY(1) Discovery under this rule may commence following the department's acknowledgement of receipt of valid objections.(2) Each party shall, within 10 days of a demand by another party, disclose the following: (a) The names and addresses of all witnesses that a party intends to call at the hearing together with a brief summary of each witness's testimony. All witnesses unknown at the time of said disclosure shall be disclosed, together with a brief summary of their testimony, as soon as they become known.(b) Any relevant written or recorded statements made by the party or by witnesses on behalf of the party shall be permitted to be inspected and reproduced by the demanding parties.(3) 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.(4) A party may serve upon any other party a written request for the admission of relevant facts or opinions, or of the application of law to relevant facts or opinions, including the genuineness of any document. The written answer shall either admit or deny the truth of the matters contained in the request, or shall make a specific objection thereto. Failure to make a written answer may result in the subject matter of the request being deemed admitted.(5) A demand or request for admission made pursuant to (1) or (3) hereof must be served at least 15 days prior to the hearing, and shall be answered in writing by the party to whom the demand or request is directed within 10 days of the service of the demand or request.(6) Any means of discovery available pursuant to the Montana Rules of Civil Procedure, excepting Rule 37(b) (1) and 37(b) (2) (D), is allowed provided such discovery is needed for the proper presentation of a party's case, is not for purposes of delay, and the issues in controversy are significant enough to warrant such discovery. Copies of all requests for discovery under this subsection must be filed with the hearings examiner. Objection for a demand for discovery may be made by motion to quash, and the form, filing, and disposition of such motion shall be governed by the provisions of ARM 36.12.213. If a party fails to reasonably comply with a proper demand for discovery, the hearing examiner may: (a) order that the subject matter of the order for discovery or any other relevant facts be taken as established for the purposes of the case in accordance with the claim of the party requesting the order; or(b) refuse to allow the party failing to comply to support or oppose designated claims or defenses, or prohibit that party from introducing designated matters into evidence.(7) Any demand for discovery made pursuant to (6) must be made so as to allow all responses to be completed at least 5 days prior to the hearing.Mont. Admin. r. 36.12.215
NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-602, MCA;