Discovery: Interrogatories
Burnside
Lund v. St. Paul [12/06/01] 2001 MTWCC 62 The Workers' Compensation
Court will not order a party to answer a contention interrogatory which
asks for mental impressions of opposing counsel or which are so broad
that they call for opposing counsel to lay out every item of evidence
which might support the party's contention. If the Rules of Civil Procedure
contemplate such interrogatory, this Court refuses to adopt such rule
and is not required to do so. Such interrogatories lead to delay and mischief
and are inappropriate in light of the expedited nature of Workers' Compensation
Court proceedings. |
Killion
v. State Fund [5/13/98] 1998 MTWCC 40 Motion to compel denied
where interrogatories are largely duplicative of earlier interrogatories
which respondent answered, or plainly go beyond information relevant to
claimant's constitutional challenge to provision that death benefits payable
to a widow cease upon remarriage. |
Fisch v. State Fund [9/13/00] 2000 MTWCC 55 Where a party fails to timely object to interrogatories, its objections shall generally be deemed waived except as to materials that a non-party has a privilege or constitutionally protected interest. Whether the doctrine should be extended to personal privileges of a party, the Court reserves judgment. Further, even though objections are waived, the Court will not compel answers to patently irrelevant, wholly improper, or patently burdensome and onerous discovery. Here, information sought by interrogatories involved rates paid for domiciliary care, raising no issues of privilege or privacy regarding rates paid in institutional setting. Rate information prior to claimant's injury was patently irrelevant and need not be produced. |
Taves
v. AIU Ins. Co. [11/30/99] 1999 MTWCC 76 Where sole issue was
whether claimant should be referred to medical center in Denver for treatment
of pulmonary condition which insurer accepted as occupational disease,
claimant objected to interrogatories asking for information about other
medical conditions or medications taken for other conditions. Claimant
was ordered to provide basic medical information about other medical conditions
from which she now suffers or has suffered since the onset of her pulmonary
condition and about medications she has taken since that onset, as those
other medical conditions and medications, per a doctor's testimony, could
impact evaluation and treatment of the respiratory condition. |
State
Fund v. Montana Sign, Skinner Enterprises, Lifestyle Homes and Andy Skinner
[11/24/99]1999 MTWCC 74, 74A In a case involving whether claimant
was injured in the course and scope of an employment covered by a policy
with State Fund, interrogatories seeking information about construction
projects of respondents not close in time to the alleged injury are overbroad
in time; respondents' objections to those interrogatories are sustained.
The remaining interrogatories, designed to obtain information about employment
of other people by the companies in question, and contractor-subcontractor
relationships, are appropriate. |
StateFund
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)). |
Mark
Fjelstad v. Fireman's Fund [10/15/99] 1999 MTWCC 62 Claimant sought
to compel answers to interrogatories about relationship between insurer
and physician who performed independent medical examination, including
number of IMEs particular physician had performed for insurer within last
six years and total yearly compensation to physician, and to compel production
of documents relating to same. While claimant is entitled to ask the Court
to evaluate this physician's credibility in light of the frequency of
his IMEs for this insurer, that point can be made without broad or unduly
burdensome discovery. Respondent ordered to identify the total annual
number of independent medical examinations the doctor has conducted at
the request of the insurer over the last three year period, and the amount
of compensation paid to the doctor by the insurer for such work. If that
information is not readily available, the insurer may respond with an
estimate for both. The request for any additional information, and for
documents, is overly broad and burdensome. |
Jacques
v. Borden, Inc. [3/20/97] 1997 MTWCC 15 An attorney for a corporate
respondent insurer may sign interrogatory answers. While the rules of
the Workers' Compensation Court make no provision for signature by an
attorney for a corporation on interrogatory answers, precedent of federal
courts, under rules identical to the M.R.Civ.Pro., allows an attorney
to sign such answers. Moreover, under ARM
24.5.303(7), an attorney's signature to any document in the WCC
is his/her certification that it is made to the best of his/her knowledge,
information and belief. Sanctions awarded against petitioner's counsel
for filing a motion obviously part of "hardball" litigation
tactics, not based on any real concern in this particular case. |
Byun
v. Alexis Risk Management [12/05/94] 1994 MTWCC 108 The purpose
of written discovery is to provide meaningful information relevant to
the issues of the case. The rule allowing discovery was not intended
as a weapon to be used merely to increase the work and litigation costs
of the party opponent. |
Byun
v. Alexis Risk Management [12/05/94] 1994 MTWCC 108 If
the matters identified in interrogatories were fully explored and adequately
answered in a deposition, it would be oppressive to require the answering
party to restate the information in answer to interrogatories. It is
also unnecessary for the deponent’s counsel to go through a previously
taken deposition and identify the page number where information appears.
Petitioner is required only to state whether her deposition provided
all the information sought by the interrogatory. If the deposition did
not so provide, claimant must supplement her deposition testimony in
response to the interrogatories. |