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Tag Archives: discovery sanctions

Plaintiff gets new trial after discovery sanction struck down (access required)

A Wake County auto tort plaintiff will get a new trial after the Court of Appeals held that the trial court abused its discretion by ordering production of documents and simultaneously sanctioning him for failing to comply with its order. The trial court sanctioned the plaintiff by excluding two medical bills totaling $3,455 from evidence. Noting that the jury considered $8,705 of medical bills before awarding $12,000, the Court of Appeals posited that "the jury intended to cover all medical bills stemming from the accident plus an additional amount for pain and suffering."

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Double-murder trial brings discovery statute into focus (access required)

A homicide investigator's handwritten notes have become the focus of what some attorneys are calling the biggest murder trial in Charlotte in a decade. The case, State v. Montgomery, involves the killing of two Charlotte-Mecklenburg police officers in 2007. Attorney Bill Powers of Charlotte-based Powers McCartan said if police officers and prosecutors don't turn over their entire file, except for work product, they may be subject to sanctions. Powers is not involved in Montgomery.

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