40-5-1038. Assistance with discovery. A tribunal of this state may:

Terms Used In Montana Code 40-5-1038

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)request a tribunal outside this state to assist in obtaining discovery; and

(2)upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.