Montana Code Annotated

Mont. Code Ann. § 27-6-704 (2026)

Panel Proceedings And Decision Privileged From Disclosure In Court Actions

✓ current as of May 2026

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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 6. MONTANA MEDICAL LEGAL PANEL ACT

Part 7. Effect of Proceedings in Court Action -- Confidentiality

Panel Proceedings And Decision Privileged From Disclosure In Court Actions

27-6-704. Panel proceedings and decision privileged from disclosure in court actions. (1) A panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.

(2) The decision and the reasoning and basis for the decision of the panel are not admissible as evidence in an action subsequently brought in a court of law and are not evidence for any purpose in an action brought under 33-18-201, 33-18-242, or common law.

History: En. 17-1311, 17-1312 by Secs. 11, 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(6), (7), 17-1312(part); amd. Sec. 30, Ch. 12, L. 1979; amd. Sec. 8, Ch. 376, L. 1983; amd. Sec. 3, Ch. 59, L. 1995; amd. Sec. 1, Ch. 253, L. 2005.

Notes of Decisions

Cited in 6 cases, 1981–2000 · leading case: Linder v. Smith, 629 P.2d 1187 (Mont. 1981).

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Linder v. Smith, 629 P.2d 1187 (Mont. 1981). · cites it 8× “A claimant must submit his claim to the panel prior to filing in court, section 27-6-301, MCA, but the claimant is not bound by the decision of the panel, section 27-6-606, MCA, nor is the decision admissible in a subsequent judicial action, section 27-6-704, MCA. *23 Plaintiff…”

Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). · cites it 3× “Section 27-6-704(2), MCA, provides that “[no] statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

Huether v. Dist. Court of the Sixteenth Jud. Dist. of Montana, 2000 MT 158 (Mont. 2000). · cites it 6× “The court held as follows: Section 27-6-704(2), MCA, provides that: "(no) statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

Adams v. St. Francis Reg'l Med. Ctr., 955 P.2d 1169 (Kan. 1998). · cites it 2× “The Act made it mandatory for a litigant to submit a medical malpractice claim to a screening panel, but did not bind the litigant with the decision of the panel or permit its being admitted in a subsequent judicial action.”

City of Missoula v. Robertson, 2000 MT 52 (Mont. 2000). · cites it 2× “…student’s room); § 26-1-608(1), MCA (photographs of stolen property); § 26-1-704, MCA (voluntary claim payments); § 26-1-813(3), MCA (mediator’s reports); § 27-1-221(7), MCA (liability for punitive damages); § 27-1-308(3), MCA (collateral sources of recovery); § 27-1-705(3),…”

State Ex Rel. Hufford v. Montana Med.-Legal Panel, 724 P.2d 186 (Mont. 1986). · cites it 9× “Section 27-6-704 ( 2 ) , MCA, provides that: "[nlo statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

— Mont. Code Ann. § 27-6-704(1) — 1 case

State Ex Rel. Hufford v. Montana Med.-Legal Panel, 724 P.2d 186 (Mont. 1986). “Section 27-6-704 ( 2 ) , MCA, provides that: "[nlo statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

— Mont. Code Ann. § 27-6-704(2) — 5 cases

Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). “Section 27-6-704(2), MCA, provides that “[no] statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

Linder v. Smith, 629 P.2d 1187 (Mont. 1981). “A claimant must submit his claim to the panel prior to filing in court, section 27-6-301, MCA, but the claimant is not bound by the decision of the panel, section 27-6-606, MCA, nor is the decision admissible in a subsequent judicial action, section 27-6-704, MCA. *23 Plaintiff…”

Huether v. Dist. Court of the Sixteenth Jud. Dist. of Montana, 2000 MT 158 (Mont. 2000). “The court held as follows: Section 27-6-704(2), MCA, provides that: "(no) statement made by any person during a hearing before the panel may be used as impeaching evidence in court.”

City of Missoula v. Robertson, 2000 MT 52 (Mont. 2000). “…student’s room); § 26-1-608(1), MCA (photographs of stolen property); § 26-1-704, MCA (voluntary claim payments); § 26-1-813(3), MCA (mediator’s reports); § 27-1-221(7), MCA (liability for punitive damages); § 27-1-308(3), MCA (collateral sources of recovery); § 27-1-705(3),…”

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