Montana Code Annotated 1995

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     Rule 13. Discovery. A. SCOPE AND LIMITS. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:
     (1) Parties may move for a hearing to obtain discovery through the use of motions to produce or through written interrogatories, or both, regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the parties seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought is inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
     (2) (a) The frequency or extent of use of the discovery set forth in this rule must be limited by the court if it determines that:
     (i) the discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive;
     (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or
     (iii) the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the party's resources, and the importance of the issues at stake in the litigation.
     (b) The court may act upon its own initiative after reasonable notice or pursuant to Rule 9 or 14.
     (3) The type and extent of discovery, as well as the appropriate timeframes, must be determined by the court at the hearing.
     B. DEPOSITIONS. Depositions to be used in justice or city courts must be taken as provided in Rules 26 and 28 through 30, M.R.Civ.P.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.

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