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If a party fails to supplement discovery responses when required or fails to comply with a disclosure requirement ordered by the court pursuant to a Rule 16 scheduling or pre-trial order, the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the ...
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court. (B) the reasons for perpetuating the testimony.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Rule 35 refers to Idaho Criminal Rule 35, which controls a Motion for Correction of Sentence. A Rule 35 Motion can do two things: (1) correct an illegal sentence, or (2) reduce a legal sentence because it is excessive or unduly harsh. You may file only one motion to reduce a legal sentence.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
(1) Contempt Initiated by a Judge; Written Charge of Contempt. A judge may initiate contempt proceedings by issuing a written charge of contempt and having it served upon the respondent.
Rule 37(e) curative measures or sanctions are available only if ESI that should have been preserved ?is lost.? The Advisory Committee Note provides that: ?Because electronically stored information often exists in multiple locations, loss from one source may be harmless when substitute information can be found elsewhere ...