Posted by rjbiii on August 10, 2008
Discovery is run largely by attorneys, and the court and the judicial process depend upon honesty and fair dealing among attorneys. Thus the court may impose appropriate sanctions on a party that, without substantial justification, fails to disclose information required by Rule 26(a) or 26(e)(2). A failure to disclose under Rule 37 encompasses both the destruction of evidence, or spoliation, and untimely production of documents and information required to be produced.
In re September 11th Liab. Ins. Coverage Cases, 243 F.R.D. 114, 31-32 (S.D.N.Y. 2007).
Posted in 2nd Circuit, Attorney Liability, Case Blurbs, Duty to Disclose, Duty to Preserve, Duty to Produce, FRCP 26(a), FRCP 26(e), Judge Alvin K. Hellerstein, S.D.N.Y | Leave a Comment »
Posted by rjbiii on August 28, 2007
Rule 26(e)(1) requires a party to seasonably amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is materially incomplete or incorrect and if the other parties have not already been made aware of the additional or corrective information through the discovery process or in writing. Phoenix Four, Inc. v. Strategic Resources Corp., 2006 WL 1409413 (S.D.N.Y 2006).
Posted in 2nd Circuit, Discovery, Duty to Disclose, FRCP 26(e), S.D.N.Y | Leave a Comment »