Atchley v. Louisiana Pacific Corp. [3/9/15] 2015 MTWCC 3 Appropriate sanctions were warranted where Petitioner failed to produce a key document in response to Respondent’s request for production and after the Court ordered her to produce it, including: (1) the Court granting Respondent’s motion to extend the scheduling deadlines to allow it reasonable time to investigate the withheld document; (2) the Court allowing Respondent to supplement its exhibit list; (3) the Court considering and ruling on any pretrial motions regarding the withheld document; (4) the Court permitting the reconvening of Petitioner’s expert’s deposition in order to question him regarding the withheld document; (5) the Court requiring Petitioner to pay all expenses and Respondent’s reasonable costs incurred in reconvening the expert’s deposition; and (6) the Court vacating the current trial setting.

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.