Expert witness discovery is governed by Montana’s Rules of Civil Procedure, Rule 26. MONT. CODE ANN. § 20-5-26 (West 2017). This rule allows discovery into the amount of compensation that is paid to an expert witness when a party makes a motion and the court feels it is appropriate to allow discovery into said information. Id. Case law does not specifically note whether other financial information is discoverable, but it does note that the rules governing discovery should promote liberal discovery. Weimar v. Lyons, 164 P.3d 922 (Mont. 2007). Additionally, the court is given authority to determine whether information is discoverable or not. Henrickson v. State, 84 P.3d 38 (Mont. 2004).

Download SEAK’s: 247 Sample Deposition Questions for Expert Witnesses