Discovery: Subpoenas: Quashing

Vandervalk v. Montana State Fund [07/23/09] 2009 MTWCC 24 Where a pro sé claimant personally served two subpoenas upon the respondent insurer, those subpoenas are quashed. Under ARM 24.5.331(3), subpoenas cannot be served by a party to the action.

Liberty NW Ins. Corp. v. Behr [6/19/98] 1998 MTWCC 54 Where an insurer had filed a petition for declaratory judgment that an individual was an employee at the time of an explosion allegedly causing her injury, and the individual had already filed a lawsuit in federal court relating to the incident, the WCC quashed the insurer's motion to compel IME, depositions notices, and subpoenas, all filed within eleven days of the petition, before respondent had even had the chance to respond. All further discovery was stayed until respondent has a chance to answer the petition and these motions and issues are fully briefed and decided.