California Courts of Appeal
Feb. 9, 2016
What should you do about undisclosed witnesses?
The Court of Appeal recently held that exclusion of a party's witness for failure to identify the witness in discovery is appropriate only if the omission was willful or a violation of a court order. By Melissa R. McCormick
The California Court of Appeal recently held that exclusion of a party's witness for failure to identify the witness in discovery is appropriate only if the omission was willful or a violation of a court order compelling a response. Mitchell v. Superior Court, 2015 DJDAR 13609 (Dec. 22, 2015). Mitchell should remind practitioners that serving an interrogatory asking an opponent to identify all witnesses wi...
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