Discovery in a Montana divorce is the formal exchange of information under the Montana Rules of Civil Procedure. Each spouse may send the other written questions and requests for documents, take testimony under oath in a deposition, and subpoena records from banks, employers and other third parties. It comes on top of the financial disclosures that every divorcing couple must exchange, and it is used when those disclosures leave real questions unanswered. This page is part of our Montana Divorce Guide.
Disclosure Comes First
Montana does not make you ask for the basics. Each spouse must serve a preliminary declaration of disclosure within 60 days of service of the petition, listing all assets and liabilities, with an income and expense declaration (MCA § 40-4-252). A final declaration follows before settlement or trial (MCA § 40-4-253). Our page on financial disclosure in a Montana divorce covers those documents.
The disclosure statutes say plainly that they do not take away the formal discovery procedures in the Rules of Civil Procedure (MCA § 40-4-258). Disclosure tells you what your spouse says exists. Discovery lets you test it.
The Discovery Tools
| Tool | What it is | Timing | M. R. Civ. P. |
|---|---|---|---|
| Interrogatories | Written questions to the other spouse, answered in writing under oath. No more than 50, counting discrete subparts, unless the parties agree or the court orders otherwise. | 30 days after service | Rule 33 |
| Requests for production | Requests to produce documents, electronically stored information, or things in the other spouse's possession, custody, or control. | 30 days after service | Rule 34 |
| Requests for admission | Written requests to admit a fact or that a document is genuine. A matter is admitted unless it is answered or objected to in time. | 30 days after service | Rule 36 |
| Depositions | Questions answered out loud, under oath, and recorded. Limited to 1 day of 7 hours unless the parties agree or the court orders otherwise. | Reasonable written notice | Rule 30 |
| Subpoenas | Orders to someone outside the case, such as a bank or an employer, to produce records or testify. | Notice to all parties at least 10 days before production | Rule 45 |
| Physical or mental examination | Only by court order, on motion and for good cause, when a party's condition is in controversy. | Set by the order | Rule 35 |
The scope is broad. Parties may obtain discovery of any non-privileged matter relevant to a claim or defense, and the information does not have to be admissible at trial if it appears reasonably calculated to lead to admissible evidence (Rule 26(b)(1)).
Written Discovery: Questions and Documents
Interrogatories must be answered separately and fully in writing under oath, and the person answering must sign them. Objections must be stated with specificity, and a ground not raised in a timely objection is waived unless the court excuses the failure for good cause (Rule 33(b)).
Requests for production must describe each item or category with reasonable particularity. The response must either agree to produce or state an objection with reasons, and an objection to part of a request must still permit inspection of the rest (Rule 34(b)). In a divorce these requests are aimed at things like statements, tax returns, business records, and appraisals.
Requests for admission deserve special care. A matter is admitted unless you serve a written answer or objection within 30 days, and an admitted matter is conclusively established unless the court allows it to be withdrawn or amended (Rule 36(a)(3), (b)). Setting them aside to deal with later is a serious mistake.
Depositions
A deposition is testimony given under oath before trial, in front of an officer who records it. A party may depose any person, including the other spouse, on reasonable written notice to every other party (Rule 30(a)(1), (b)(1)). Unless the parties agree or the court orders otherwise, a deposition is limited to 1 day of 7 hours (Rule 30(d)(1)). The parties may agree, or the court may order, that a deposition be taken by telephone or other remote means (Rule 30(b)(4)).
Expert witnesses, such as a business valuator or an appraiser, can be the subject of discovery too. A party may use interrogatories to require the other side to identify each expert it expects to call and the substance of the expert's opinions, and may depose an expert whose opinions may be presented at trial (Rule 26(b)(4)(A)).
Subpoenas to Banks, Employers and Others
Your spouse's bank, employer, or retirement plan is not a party to the divorce, so a request for production does not reach it. A subpoena does. It can command a person to produce designated documents or electronically stored information in that person's possession, custody, or control (Rule 45(a)(1)).
Two protections are built in. First, every party must be given notice no less than 10 days before the commanded production (Rule 45(c)(1)). Second, the person subpoenaed may serve a written objection before the earlier of the time for compliance or 14 days after service, and the court must quash or modify a subpoena that does not allow a reasonable time to comply, requires disclosure of privileged matter, or imposes an undue burden (Rule 45(d)).
Limits and Protective Orders
Discovery is not unlimited. The court must limit discovery that is unreasonably cumulative or duplicative, that can be obtained from a more convenient or less expensive source, or whose burden or expense outweighs its likely benefit, considering the needs of the case, the amount in controversy, and the parties' resources (Rule 26(b)(2)(C)). Privileged material is outside the scope altogether.
A party or any person from whom discovery is sought may also move for a protective order. For good cause, the court may protect a person from annoyance, embarrassment, oppression, or undue burden or expense, including by forbidding the discovery or limiting its scope (Rule 26(c)(1)). The motion must certify a good faith effort to resolve the dispute first.
When a Spouse Does Not Comply
An evasive or incomplete answer is treated as a failure to answer (Rule 37(a)(4)). The remedy is a motion to compel. If a party then disobeys the court's discovery order, the court may issue further just orders, such as treating facts as established, barring that party from offering certain evidence, or treating the failure as contempt (Rule 37(b)(2)(A)). See contempt in family court.
Two related rules matter in a divorce. The automatic economic restraining order restrains both spouses from intentionally destroying property without reasonable justification, specifically including electronically stored materials, electronic communications, and financial records (MCA § 40-4-126(1)). And failing to disclose an asset on the final declaration is presumed to be grounds for awarding it to the other spouse (MCA § 40-4-253(4)). Our page on hidden assets and dissipation explains more.
Discovery deadlines are set in the scheduling order described in our Montana divorce timeline. If you have been served with requests, note the date you received them and get advice early.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Civil Procedure. It is not legal advice about your specific case.