MATTER OF MRCP 45
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1 THE SL'PREME COURT OF THE STATE OF MOKTANA N RE: PROPOSED AMEhTMENT TO RULE 45 OF THE MONTAVA RULES 1 ) ORDER On June 24, 2003, James H. Goetz, on behalf of the Montana Supr Advisory Commission on the Montana Rules of Civil and Appellate Procedure, su to this Court a proposed amendment to Rule 45, M.R.Civ.P. The proposed amendment, which consists of language to he added as subsection (a)(4) of Rule 45, appears on Attachment A to this Order, and the Advisory Commission's Comment regarding the amendment appears thereafter. Good cause having been shown, IT IS ORDERED that effective September 1,2003, Rule 45, M.R.Civ.P., is amended by the addition of the language set forth in Attachment A, incorporated by reference herein, which shall be denominated as Rule 45(a)(4), h4.R.Civ.P. The Clerk shall mail copies of this Order to the Code Commissioner of the Legal Services Division for the State of Montana; to all Clerks of the District Court of the State of Montana with a request that each Clerk furnish a copy to each District Court Judge in their respective counties; to the Clerk of the United States District Court for the State of Montana; to the Chair of the Advisory Commmion on Rules of Civil and Appellate Procedure; to the Montma State Law Librarian; to the President and Executive Director of the State Bar of Montana with the request that this order be published in the next available issue of the Montana L a y e r ; to the State Reporter Publishing Company; and to West Group. DATED this *day of July, 200 ATTACHMENT A Rule 45(a)(4) (4) A party or an attorney responsible for the issuance and service of a subpoena seekinghealth care information, as definedby 50-16-504(6), Montana Code Annotated, shall comply with the provisions of 50-16-535 and -536, Montana Code Annotated. Advisory Commission Comment to Rule 45(a)(4) This provision was added so that it would be clear that the compulsory process features of Rule 45 comply with the specific protective features regarding health care information found in the Montana statutes, 50-16-535 and -536, MCA.
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