What remedies may be used to prevent a witness from testifying in a civil trial?

Upon a showing both that the defense complied with the informal discovery procedures provided by the statute, and that the prosecutor has not complied with section 1054.1, "a court may make any order necessary to enforce the provisions of [the statute], including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order." ( 1054.5, subd. (b).) The trial court may also "advise the jury of any failure or refusal to disclose and of any untimely disclosure." (Ibid.) A court may prohibit a witness from testifying as a discovery sanction only if all other sanctions have been exhausted ( 1054.5, subd. (c)), and only upon "a showing of significant prejudice and willful conduct motivated by a desire to obtain a tactical advantage at trial." (People v. Jordan (2003) 108 Cal.App.4th 349, 358.)

" ' "[If] the truth is to be served, the failure to disclose, at least where not wilful, should not be punished by the suppression of evidence, but by giving the offended party a proper opportunity to meet the new evidence. . . ." ' " (People v. Reyes (1974) 12 Cal.3d

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