Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.323 - INTERROGATORIES

Current through Register Vol. 13, July 5, 2024
(1) A party may serve written interrogatories
				upon an adverse party either with the petition or at any time after the service
				of a petition. If a party wishes to serve interrogatories with the petition,
				the party shall furnish sufficient copies to the court for service with the
				petition.
(2) The party upon whom
				the interrogatories have been served shall serve a copy of the answers on the
				party submitting the interrogatories within the time set forth in
				24.5.320, unless the court
				lengthens or shortens the time. Answers must not be due in less than 30 days
				from the service of the petition.
(3) If the interrogatories are propounded
				upon the claimant or any other party who is a natural person, then the party
				shall sign the answers under oath . If the party is the insurer or other entity
				which is not a natural person, then the party's attorney or other
				representative of the party may sign the answers and such answers need not be
				verified. Whether or not verified, the signature of the person signing the
				answers constitutes a certification that the answers are complete and truthful
				to the best of the signor's knowledge.
(4) If the answers to interrogatories are
				made on behalf of an insurer or some other party which is not a natural person,
				the party propounding the interrogatories may, after receiving the answers,
				request that the answers be verified, under oath, by the person employed by the
				insurer or party, other than an attorney for the insurer or party, having the
				most knowledge of the subject matters mentioned in the interrogatories. The
				request must be made in writing but need not be filed with the court. Within
				the time set forth in 24.5.320, the insurer or other party shall provide the
				requested verification.
(5) Proof
				of service of interrogatories and answers thereto must be filed with the court
				simultaneously with the service of discovery on the other party.
				Interrogatories and answers thereto must not be filed except by leave of court.
				When a motion is filed making reference to an interrogatory answer, the party
				filing the motion shall also submit the interrogatory and interrogatory answer
				to which reference is made. Answers to interrogatories may be used at trial to
				the extent allowed by the Montana Rules of Evidence and the Montana Rules of
				Civil Procedure.
(6) No party
				shall serve on any other party more than 20 interrogatories in the aggregate,
				inclusive of subparts. Subparts of any interrogatories must relate directly to
				the subject matter of the interrogatory. Any party desiring to serve additional
				interrogatories must file a written motion setting forth the proposed
				additional interrogatories and the reasons establishing the necessity for their
				use.
(7) Each interrogatory must
				be answered separately and fully in writing under oath unless it is objected
				to, in which event the reasons for objection must be stated in lieu of an
				answer. Objections may be made because of annoyance, expense, embarrassment,
				oppression, irrelevance, or other good cause. Objections must be signed by the
				party making them. The party answering the interrogatories shall set forth a
				verbatim recopy of each of the interrogatories, followed by the answer or
				objection thereto.
(8) The court
				will, except in extraordinary circumstances, sustain objections to numerous and
				complex interrogatories which are not limited to the important facts of the
				case and which are concerned with numerous minor details.
(9) An interrogatory is not objectionable
				merely because it is phrased in the form of a request for admission.
Sec.
					 2-4-201
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901
					 MCA;