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State v. Golder8/31/2000
other relevant circumstances. Waters, 228 Mont. at 495, 743 P.2d at 621. In the instant case the record establishes that noncompliance was not willful and no prejudice resulted. Golder cites no authority counter to the standard of review applied in Waters, and this Court adheres firmly to the precedent set forth therein.
12 Finally, even if the District Court or this Court were to impose sanctions in the instant case, the sanctions available to all courts in Montana are consistent with what actually transpired in this matter. The most severe sanctions are reserved for instances where a party has truly been surprised, in which case a mistrial could be declared. That is not the case here. Less severe sanctions include ordering the disclosure of the information not previously disclosed. Here, the District Court ordered disclosure of the materials requested, and the order was ultimately complied with. Nowhere in the statute does it state that sanctions in such instances are mandatory.
13 Established precedent and statutory language both support the discretion of Montana courts to refuse to impose sanctions for discovery violations where there is no prejudice or undue surprise. We conclude the District Court did not abuse its discretion in declining to suppress the testimony of the Knapps and that there was no prejudice or undue surprise as a result.
14 Affirmed.
J. A. TURNAGE
We concur: JAMES C. NELSON; W. WILLIAM LEAPHART; JIM REGNIER; TERRY N. TRIEWEILER
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