40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies. (1) A party who has served on the other party a preliminary declaration of disclosure under 40-4-252 or a final declaration of disclosure under 40-4-253 and who has provided the information required in the declarations with sufficient particularity may, within a reasonable time, request from a noncomplying party preparation of the appropriate declaration of disclosure or further particularity in a declaration.
(2) If a noncomplying party fails to comply with a request under subsection (1), the complying party may file either or both of the following:
(a) a motion to compel a further response;
(b) a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure.
(3) If a party fails to comply with any provision of 40-4-251 through 40-4-258, the court shall, in addition to any other remedy provided by law, order the noncomplying party to pay to the complying party any reasonable attorney fees or costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
History: En. Sec. 5, Ch. 326, L. 1997.
Structure Montana Code Annotated
Chapter 4. Termination of Marriage, Child Custody, Support
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-201. Separation agreement
40-4-202. Division of property
40-4-204. Child support -- orders to address health insurance -- withholding of child support
40-4-206. Payment of maintenance or support to court -- handling fee of clerk
40-4-209. Security or guaranty to secure support
40-4-210. Child support jurisdiction -- nonresident individual
40-4-211. Jurisdiction -- commencement of parenting proceedings
40-4-212. Best interest of child
40-4-213. Interim parenting plan
40-4-215. Investigations and reports
40-4-217. Notice of intent to move
40-4-218. Judicial supervision
40-4-219. Amendment of parenting plan -- mediation
40-4-221. Determination of child's care upon death of parent
40-4-225. Access to records by parent
40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children
40-4-227. Rights of parents and children -- policy -- findings
40-4-228. Parenting and visitation matters between natural parent and third party
40-4-229. through 40-4-232 reserved
40-4-233. Final parenting plan -- purpose and objectives
40-4-234. Final parenting plan criteria
40-4-235. through 40-4-250 reserved
40-4-252. Preliminary declaration of disclosure -- penalty
40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies