Procedure: Scheduling Order
Hirth v. Montana State Fund [01/23/13] 2013 MTWCC 2 The Scheduling Order clearly states that this Court will only consider limiting witness testimony based on inadequate disclosure if the Scheduling Order procedures have been followed. Where Petitioner failed to follow the procedure for inadequate witness summaries set forth in the Scheduling Order, and offered no explanation as to why it failed to do so, the Court refused to consider Petitioner’s motion to limit the testimony of witnesses.
Peterson v. Montana Schools Group Ins. Auth. [03/22/05] 2005 MTWCC 13 Where a trial is reset and the setting is only a month and a half distant, the Court should ascertain whether counsel agree to extend pretrial deadlines. Absent their agreement, an opportunity should be provided for objections to any extension of pretrial deadlines and such deadlines should be extended only for good cause.
Darrah v. ASARCO [4/20/01] 2001 MTWCC 17 Failure to comply with expert disclosure requirements in the Scheduling Order will result in preclusion of the expert testimony.