ARM 24.5.326

Re: John David Miller - The St. Paul Travelers Companies Inc. v. Liberty Northwest Ins. Co. [10/26/07] 2007 MTWCC 44 The Court awarded sanctions pursuant to ARM 24.5.326 in the form of attorney fees and costs where Respondent objected to or provided incomplete responses to Petitioner’s requests for production and interrogatory regarding a complete claims file, including, but not limited to all claims correspondence, claims adjusting notes, and communications with and between Respondent’s medical director. The Court found Respondent’s assertion that the requests were irrelevant and not calculated to lead to the discovery of admissible evidence to be unreasonable.

State Compensation Insurance Fund v. Montana Sign, Skinner Enterprises, Lifestyle Homes and Andy Skinner [11/24/99]1999 MTWCC 74, 74A Where subparts contained within interrogatories merely specify the information needed to answer the interrogatory, they should not be counted as separate interrogatories for purposes of determining whether the number of interrogatories exceeded the Court's limitation of 20 interrogatories (ARM 24.5.323(6)).

Stone v. State Fund [8/1/96] 1996 MTWCC 57 Insurer moved to vacate trial and compel deposition of pro se claimant who told insurer, "I, will give no deposition, under oath, or otherwise." ARM 24.5.326 allows sanctions for failure to make discover. Motion to vacate trial date and compel discovery is granted. Claimant is cautioned that failure to submit to deposition may result in dismissal of petition with prejudice.