Evidence: Exclusion: Failure to Provide Discovery

Overholt v. Liberty Northwest Insurance [02/26/13] 2013 MTWCC 5 Where Respondent failed to provide Petitioner with a copy of an audio recording of its claims adjuster’s interview  with Petitioner, but produced a transcript, the Court denied Petitioner’s motion to prohibit Respondent’s use of the audio recording.  However, the Court ordered Respondent to produce to Petitioner a copy of the audio recording.

Ganje v. LIberty Mutual Fire Ins. [10/24/02] 2002 MTWCC 52 Court will not exclude evidence on the grounds that the party failed to identify the evidence in answer to written discovery requests where the answering party objected to the discovery and the propounding party failed to move to compel answers to the discovery.