Montana § 31-4-108 Disclosure And Discovery Of Litigation Financing Contracts

Montana Statutes

§ 31-4-108 — Disclosure And Discovery Of Litigation Financing Contracts

Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 4 LITIGATION FINANCING·Part 1 Litigation Financing Transparency andConsumer Protection Act

31-4-108 . Disclosure and discovery of litigation financing contracts.

(1)Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract:

(a)each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative;

(b)the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and

(c)any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proce

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31-4-108 . Disclosure and discovery of litigation financing contracts. (1) Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract:
(a) each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative;
(b) the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and
(c) any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proceeding, claim, or cause of action.
(2) The disclosure obligation under subsection (1) exists regardless of whether a civil action or an administrative proceeding has commenced.
(3) The disclosure obligation under subsection (1) is a continuing obligation, and within 30 days of entering into a litigation financing contract or amending an existing litigation financing contract, the consumer or the consumer's legal representative or a party or a party's legal representative shall disclose and deliver any new or amended litigation financing contracts.
(4) The existence of the litigation financing contract and all participants or parties to a litigation financing contract are permissible subjects of discovery in any civil action, administrative proceeding, claim, or cause of action to which litigation financing is provided under the litigation financing contract, regardless of whether a civil action or an administrative proceeding has commenced.

Montana § 31-4-108 (Disclosure And Discovery Of Litigation Financing Contracts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.