Montana State Fund v. Simms [02/01/12] 2012 MT 22 Under § 44-5-303(1), MCA, State Fund has the burden to demonstrate that it is entitled to receive the requested confidential criminal justice information.  Once it meets its burden, the burden shifts to the opposing party to demonstrate why the information should not be disseminated.

Montana State Fund v. Simms [12/29/10] 2010 MTWCC 41 While State Fund, as a whole, does not operate under the weight of the Criminal Justice Information Act, the State Fund Fraud Group, including the Special Investigative Unit, is subject to the CJIA because it is designated as being a criminal justice agency within the meaning of § 44-5-103(7)(b), MCA.