Monday, July 23, 2007

discovery - sanctions - factors

Reilly v. Ernst & Young LLP - Superior Court- July 18, 2007

Trial court abused its discretion by ordering the deemed admission of a party's Request for Admissions due to other party's failure to verify its responses to the RFA.

The following factors militated strongy against such a deemed admission

- the prejudice caused to the other party and whether the prejudice can be cured
- the defaulting party's willfulness or bad faith in failing to comply with the discovery order. - the number of discovery violations
- the importance of the precluded evidence in light of the failure to comply