Opinion
AF 07-0157
06-28-2022
IN THE MATTER OF THE MONTANA RULES OF CIVIL PROCEDURE
ORDER
On April 26, 2011, this Court adopted new Montana Rules of Civil Procedure with an effective date of October 1, 2011. It has come to the Court's attention that a word was inadvertently omitted from M. R. Civ. P. 37(d), which the Advisory Commission on Rules of Civil and Appellate Procedure and this Court intended to be a verbatim adoption of Fed.R.Civ.P. 37(d). The Court has decided to revise M. R. Civ. P. 37(d)(1)(A)(i) to conform with Fed.R.Civ.P. 37(d)(1)(A)(i) as was intended.
IT IS THEREFORE ORDERED that M. R. Civ. P. 37(d)(1)(A)(i) is revised as follows, effective immediately. New language to be added to the Rule is underlined:
[Rules of Civil Procedure] Rule 37. Failure to Make Discovery; Sanctions
(d) Party's Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, or Respond to a Request for Inspection.
(1) In General.
(A) Motion; Grounds for Sanctions. The court where the action is pending may, on motion, order sanctions if:
(i) a party or a party's officer, director, or managing agent-or a person designated under Rule 30(b)(6) or 31(a)(4)-fails, after being served with proper notice, to appear for that person's deposition ....
This Order and the attached rules shall be posted on the Court's website. In addition, the Clerk is directed to provide copies of this Order and the attachment to the State Law Library, Todd Everts, Shana Harrington, and Karl Krempel at Montana Legislative Services, Bethany Ahrens at Thomson Reuters, Patti Glueckert and the Statute Legislation department at LexisNexis, and to the State Bar of Montana, with the request that the State Bar provide notice of the revised Rule on its website and in the next available issue of the Montana Lawyer.