69-2-203. Investigatory powers of counsel. (1) The consumer counsel has all the investigatory powers necessary to perform the counsel’s duties as provided in this section and all discovery powers sanctioned by the Montana Rules of Civil Procedure and the Montana Administrative Procedure Act. It is the specific intent of this section to provide the authority and availability of the process of discovery to the consumer counsel in administrative contested-case procedure. Violations of discovery procedure must be heard and administered by the district court. In the event of an appeal to district court for enforcement of discovery procedures, the time limits imposed by 69-3-302 and 69-3-303 are suspended pending order of the district court.

Terms Used In Montana Code 69-2-203

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202

(2)The consumer counsel may examine in any commission proceedings, under oath, any officer, director, manager, or employee of any regulated company and may inspect the business and corporate records of any regulated company in accordance with the law to aid in the exercise of the consumer counsel’s duties.