State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for July, 2007

OPINION & ORDER: Marriage of Horton

Posted by mtlawlibrary on July 31, 2007

The Montana Supreme Court has issued an Opinion & Order in the following matter:

No. DA 06-0457,

2007 MT 181,

TAMMY LEE HORTON,

Petitioner and Appellant,

v.

ROBERT D. HORTON,

Respondent and Respondent.

Posted in Appellate Procedure, Civil Procedure, Court Rules, Opinion and Order | Leave a Comment »

UNPUBLISHED OPINION: State v. Champagne

Posted by mtlawlibrary on July 31, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following matter: 

DA 06-0322,

2007 MT 180N,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

RAMONA “DOLL” CHAMPAGNE,

a/k/a RAMONA DONEY,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

NEW BOOKS: Discovery, Discovery, Discovery

Posted by mtlawlibrary on July 30, 2007

The Law Library has recently purchased several new practice-oriented books on the discovery process.  These books are great resources for lawyers, paralegals, and self-represented litigants alike. 

  • Model Interrogatories, by Kevin R. Culhane

This great two-volume set includes a chapter on practice tips regarding state limitations on interrogatories, information and sample forms for responding to interrogatories and for compelling answers to interrogatories, and information on how to use interrogatories at trial.  The bulk of the book, however, is dedicated to sample interrogatories for use in particular kinds of cases, including Vehicular Negligence, Product Liability, Premises Liability, Bad Faith, Legal and Medical Malpractice, and various Employment Law claims.   Includes CD-Rom for easy cutting and pasting.

  • Triple-Threat Discovery Forms, by R. Rogge Dunn

This one-volume set includes sample Interrogatories, Requests for Production and Requests for Admission (the “triple threat” of the title) for general Personal Injury, Wrongful Death, Bad Faith, slip and Fall, Product Liability, various Employment Law, and Construction cases.  In addition, it includes numerous other sample documents pertaining to discovery matters, such as letters to opposing counsel and clients; interview questions for potential expert witnesses; sample deposition outlines; deposition guidelines for clients; sample protective orders and motions to quash; and sample releases, amongst others.  It’s a one-stop shop for your basic discovery needs!  Also includes CD-Rom.

This one-volume set includes information on the purposes and uses of depositions, how to prepare for deposition, deposition techniques, including objections during depositions, and expert depositions.  The heart of the set is dedicated to providing in-depth information on discovery strategies and sample depositions for particular types of cases.  For example, with respect to the typical Vehicular Liability case, Mr. Schaeffer provides basic information on the elements of and defenses to the case and then discusses strategical concerns such as timing of discovery, the use of exhibits during the depositions, and lists of typical deponents in these types of cases.   Finally, Schaeffer provides a sample deposition of a defendant vehicle driver, the police officer who completed the accident report, and the defendant’s accident reconstruction expert, as well as thumbnail deposition outlines for a passenger, a witness, and an ambulance driver.  Discovery forms and a sample complaint are also included.  Other claims covered are Premises Liability, Product Liability, Medical Malpractice, and Employment Discrimination Claims as well as Insurance Coverage Disputes.  A CD-Rom is also included.

Posted in Discovery, New Book | Leave a Comment »

UNPUBLISHED OPINION: Wolfe v. Newman

Posted by mtlawlibrary on July 25, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 06-0351,

2007 MT 179N,

TERRY L. WOLFE and LAURA WOLFE,

Plaintiffs and Respondents,

v.

JAN B. NEWMAN,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: Marriage of Rudolf

Posted by mtlawlibrary on July 25, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

05-664,

2007 MT 178,

IN RE THE MARRIAGE OF

LOU RUDOLF,

Petitioner and Appellant,

and

JERI NAGEL RUDOLF,

Respondent and Respondent.

Posted in Civil, Divorce, Domestic Relations, Maintenance/Alimony, Opinion, Property Settlement | Leave a Comment »

OPINION: Hughes v. Lynch

Posted by mtlawlibrary on July 25, 2007

The Montana SUpreme Court has issued an Opinion in the following matter:

05-535,

2007 MT 177,

EUGENE F. HUGHES, JR., M.D.,

Plaintiff and Appellant,

v.

LAURA LYNCH and the STATE

OF MONTANA,

Defendants and Respondents.

Posted in Civil, Malicious Prosecution/Abuse of Process, Opinion, Summary Judgment, Tortious Interference with Contract | Leave a Comment »

OPINION & ORDER: Clark Fork Coalition v. Mont. Dept. of Envt’l Quality

Posted by mtlawlibrary on July 25, 2007

The Montana Supreme Court has issued an Opinion and Order in the following matter:

No. DA 06-0774,

2007 MT 176,

CLARK FORK COALITION, ROCK CREEK

ALLIANCE, INC., CABINET RESOURCE GROUP,

MONTANA ENVIRONMENTAL INFORMATION 

CENTER, AND TROUT UNLIMITED,

Plaintiffs/Appellants,

v.

MONTANA DEPARTMENT OF 

ENVIRONMENTAL QUALITY, 

Defendant/Respondent.

Posted in Appellate Procedure, Civil, Civil Procedure, Constitutional Law, Due Process, Intervention, Motion to Dismiss, Opinion and Order | Leave a Comment »

OPINION: State v. Ibarra-Salas

Posted by scanner1 on July 18, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 05-600,

2007 MT 173,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

ROGELIO IBARRA-SALAS,

Defendant and Appellant.

Posted in Constitutional Law, Criminal, Criminal Procedure, Ineffective Assistance, Jury Selection, Opinion, Postconviction Relief | Leave a Comment »

OPINION: State v. Skinner

Posted by scanner1 on July 18, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0066,

2007 MT 175,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

DANIEL IVAN SKINNER,

Defendant and Appellant.

Posted in Constitutional Law, Criminal, Directed Verdict, Evidence, Hearsay, Incest, Opinion | Leave a Comment »

OPINION:Reisbeck v. Farmers Insurance Exchange

Posted by scanner1 on July 18, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0234,

2007 MT 171,

GERALD REISBECK,

Plaintiff and Appellant,

v.

FARMERS INSURANCE EXCHANGE, TRUCK INSURANCE EXCHANGE, FIRE

INSURANCE EXCHANGE, MID-CENTURY INSURANCE COMPANY, FARMERS

NEW WORLD LIFE INSURANCE COMPANY, FARMERS INSURANCE GROUP,

Defendants and Respondents.

Posted in Civil, Contract, Opinion, Parol Evidence, Summary Judgment | Leave a Comment »