Mohr v. District Court of the Fourth Judicial District

This Court accepted jurisdiction of relator’s application for a writ of supervisory control directed to the Missoula County District Court. The relator, as a plaintiff in a personal injury action, had moved the trial court for a protective order to the effect that in granting the defendant’s motion under Rule 35, M.R.Civ.P., the trial court should permit plaintiff’s counsel to be present in the examining room. The trial court denied the motion and the plaintiff filed a petition in this Court asking for a writ of supervisory control.

We hold that the party’s attorney has a right to be present…