24.5.326    FAILURE TO MAKE DISCOVERY--SANCTIONS

(1) If a party fails to respond to discovery pursuant to these rules, or makes evasive or incomplete responses to discovery, or objects to discovery, the party seeking discovery may move for an order compelling responses. With respect to a motion to compel discovery, the court may, at the request of a party or upon its own motion, impose such sanctions as it deems appropriate. Such sanctions include but are not limited to awarding the prevailing party attorney fees and reasonable expenses incurred in obtaining the order or in opposing the motion. The court imposes sanctions against the non-prevailing party unless the party's position with regard to the motion to compel was substantially justified or other circumstances make sanctions unjust. If the party fails to make discovery following issuance of an order compelling responses, the court may order such sanctions as it deems just under the circumstances. Prior to any imposition of sanctions, the court provides the party who may be sanctioned with the opportunity for a hearing.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.326, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15.