Discovery: Privileges: Private Investigator

Martin v. Montana State Fund [08/26/11] 2011 MTWCC 25 More than two months after trial, Petitioner moved to compel Respondent to disclose certain documents and information contained within surveillance reports.  Since this case had already been tried and Respondent never named the investigator as a witness nor attempted to introduce the surveillance report or its contents into evidence, the report is protected as work product and Petitioner’s motion was denied.