Thursday, January 19, 2023

Motions For Sanctions Are Not Designed to Test The Veracity of a Party's Discovery Responses


In the case of Morel v. Patt, No. 2021-C-0506 (C.P. Leh. Co. July 17, 2022 Caffrey, J.), the court found that the court granted in part and denied in part a Defendant’s Motion for Sanctions raising various alleged discovery violations by a Plaintiff.

In its decisions, the court found in at least one instance the Plaintiff failed to make a good faith effort to identify her treatment providers and to produce related treatment records during the course of discovery.  
As such, the court found that the Defendants were entitled to recover attorney’s fees and expenses incurred in the effort to secure such information.

Otherwise, the Court found that sanctions were not warranted on other claims of discovery violations asserted by the defense.  In this regard, the court noted that the rules of discovery are not designed to allow a motion for sanctions to be utilized to test the veracity of a party's claims of a lack of information or documentation to produce in discovery.  Rather, the rules are designed to compel that parties make good faith efforts to comply with the requirements of discovery.    

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Dec. 13, 2022).


Source of image:  Photo by Etkaterina Bolovtsova on www.pexels.com.

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