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MT · rules

Mont. R. Civ. P. 33

Interrogatories to Parties

activein force · 2022-06-28 – presentact-effective-date

(a) In General.

(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve

on any other party no more than 50 written interrogatories, including all discrete

subparts. Leave to serve additional interrogatories may be granted to the extent

consistent with Rule 26(b)(2).

(2) Scope. An interrogatory may relate to any matter that may be inquired into under

Rule 26(b). An interrogatory is not objectionable merely because it asks for an

opinion or contention that relates to fact or the application of law to fact, but the court

may order that the interrogatory need not be answered until designated discovery is

complete, or until a pretrial conference or some other time.

(b) Answers and Objections.

(1) Responding Party. The interrogatories must be answered:

(A) by the party to whom they are directed;

(B) if that party is a public or private corporation, a partnership, an association,

or a governmental agency, by any officer or agent, who must furnish the

information available to the party.

(2) Time to Respond. The responding party must serve its answers and any

objections within 30 days after being served with the interrogatories, except that a

defendant may serve answers or objections within 45 days after service of the

summons and complaint upon that defenda nt. A shorter or longer time may be

stipulated to under Rule 29 or be ordered by the court.

(3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not

objected to, be answered separately and fully in writing under oath.

(4) Objections. The grounds for objecting to an interrogatory must be stated with

specificity. Any ground not stated in a timely objection is waived unless the court,

for good cause, excuses the failure.

(5) Signature. The person who makes the answers must sign them, and the attorney

who objects must sign any objections.

(c) Use. An answer to an interrogatory may be used to the extent allowed by the Montana

Rules of Evidence.

(d) Option to Produce Business Records. If the answer to an interrogatory may be

determined by examining, auditing, compiling, abstracting, or summarizing a party’s

business records (including electronically- stored information), and if the burden of

deriving or ascertaining the answer will be substantially the same for either party, the

responding party may answer by:

(1) specifying the records that must be reviewed, in sufficient detail to enable the

interrogating party to locate and identify them as readily as the responding party

could; and

(2) giving the interrogating party a reasonable opportunity to examine and audit the

records and to make copies, compilations, abstracts, or summaries.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
519efb88f6a9df052ee8bde033db3b9bf3262a7a668119b0e8bb9cfc6256cbd5
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