Can a party be prevented from introducing documents as evidence when those documents were responsive to a discovery request but were not disclosed?

California, United States of America


The following excerpt is from Lave v. Charter Commc'ns, LLC, D076206 (Cal. App. 2020):

A trial court may impose an evidentiary sanction precluding a party from introducing documents as evidence when those documents were responsive to a discovery request by the opposing party but were not disclosed and the issue arises for the first time at trial despite assurances that all responsive documents had been produced. (Pate v. Channel Lumber Co. (1997) 51 Cal.App.4th 1447, 1454-1455 (Pate).) The trial court has broad

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