24.5.324 REQUEST FOR PRODUCTION (1) A party may serve upon an adverse party with the petition or at any time after the service of a petition a request for production. Where a party wishes to serve a request for production with the petition, the party shall furnish sufficient copies to the court for service with the petition. The request may be:

(a) to produce and permit the party making the request, or the party's agent, to inspect and copy any designated documents or records, or to copy, test, or sample any tangible things, which may be relevant and which are in the possession, custody or control of the party upon whom the request is served; or

(b) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the limits of relevancy.

(2) Requests for production and answers thereto shall not be filed except by leave of the court. When a motion is filed making reference to a request for production, the party filing the motion shall submit with that motion, the request for production, the response thereto and the documents produced pursuant to the response. Requests for production and answers thereto may be used at trial to the extent allowed by the Mont. R.Evid. and the Mont.R.Civ.P.

(3) The party upon whom a request is served shall serve a written response within 20 days after service of the request. The court may allow a longer or shorter time. In no event shall a response be due in less than 30 days from the service of the petition. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. For a partial objection, the part shall be specified.

(4) If the request is for production of the file of a party and objection is made to such production on the grounds of privilege or work product, the objecting party shall produce all documents other than those specific documents which are subject to objection. Where the objection is only to part of a document, the document shall be produced with the objected portions deleted. The objecting party shall also provide in its response a list of documents which are subject to objections, specifically identifying:

(5) Where the objecting party asserts that this minimal information would encroach upon the attorney-client privilege or the work product doctrine, the party must state how disclosure of the information would violate the privilege or doctrine.

(6) An objection based on a claim of attorney-client privilege or work-product will be ruled on only upon the filing of a motion to compel, at which time the following procedure shall apply:

(7) If the request is intended to obtain production of documents which are not in the adverse party's possession but are within the adverse party's custody or control, unless otherwise ordered by the court, the adverse party may in lieu of providing the documents, provide an authorization or a release as necessary to obtain such documents from all persons or entities physically possessing the documents. History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.216; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 1996 MAR p. 557, Eff. 2/23/96.)


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