Evidence: Exclusion: Failure to Provide Discovery

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.

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.