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Discovery sanctions that are so severe as to inhibit presentation of the merits of a case should be reserved to address a party's flagrant bad faith or counsel's callous disregard for the responsibilities of discovery under the rules. The trial court's order states that the sanctions were imposed because of "Spohn's late production of witness statements in response to a Request for Disclosure." This is insufficient to justify the severity of the sanctions imposed.
May 05, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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