Montana Code Annotated
Part 7. Remedial Action Upon Release of Hazardous Substance
75-10-747. Discovery

75-10-747. Discovery. (1) Each person participating in the allocation process for a facility may conduct discovery for a period of not more than 90 days from the date of the last notice or nomination letter. Discovery requests by each person participating in the allocation process, including the orphan share representative, are limited to the following unless otherwise agreed to by all persons participating in the allocation, including the orphan share representative:
(a) 5 1-day oral depositions not to exceed 8 hours each;
(b) 25 written interrogatories, including subparts;
(c) 50 requests for admission; and
(d) 50 requests for production of documents.
(2) The persons participating in the allocation process may extend the discovery period for up to 30 days if all persons agree to the extension in writing.
(3) Any participating person who is not responsive to discovery requests or who does not participate in the subsequent allocation proceeding and is allocated a share of liability remains subject to liability as provided in 75-10-715.
History: En. Sec. 17, Ch. 415, L. 1997.

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