Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction
E-Discovery LLC
JUNE 28, 2025
It asserted prejudice because it could not call the person who took the photos as a trial witness. As a “remedy” for the purported “discovery violation,” the court ruled that it would not admit the photographs into evidence until after the City had the opportunity to cross-examine Mr. Johnson about “the origin” of the photographs.
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