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
In Matter of City of Hagerstown, __ Md. App. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. The Court affirmed the holding that the asserted prejudice from the failure to produce was insufficient to support exclusion of the evidence.
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