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Gohl v. State Fund/Liberty NW [7/20/00] 2000 MTWCC 45 Objections to inadmissible evidence in deposition must be made at the time of the deposition and briefed in the parties' proposed findings or they are deemed waived. |
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Gohl v. State Fund/Liberty NW [7/20/00] 2000 MTWCC 45 Claimant's deposition was admissible at trial over his objection where Mont.R.Evid. 801(d)(2) allows admission of the deposition of a party opponent regardless of whether the party testifies or is available to testify and Rule 802 Mont.R.Evid. allows a court to adopt rules permitting additional exceptions to the hearsay rule, which the Workers' Compensation Court has accomplished through ARM 24.5.322, authorizing the admission of any deposition taken in a workers' compensation proceeding. |
| Taves v. AIU Insurance Company [11/30/99] 1999 MTWCC 76 Where insurance counsel moved to compel claimant to appear at a resumed deposition, WCC considered the fact that said counsel had rejected the suggestion of claimant's counsel to contact the WCC during deposition for resolution of the dispute, rather than to terminate the deposition. The deposition was not ordered resumed where the questions giving rise to the dispute were not reasonably calculated to lead to admissible evidence and insurance counsel unilaterally chose to terminate the deposition rather than seek an immediate ruling. |