“In general, the purpose of discovery is to make a trial less a game of blindman's buff and more a fair contest with the basic issues and facts disclosed to the fullest practicable extent.” (See Stlla v. Spaulding (2013) 67 A.3d 247, 252.)
“Discovery is one of the most important legal tools available in the search for truth, the fundamental purpose of litigation.” (See id.)
“It allows parties to acquire the fullest knowledge of relevant facts so that cases are decided by what the facts reveal, not by what facts are concealed.” (See id.)
"Any party to any action pending in a county court, court of chancery or municipal court may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.” (See State Highway Board v. Shepard (1969) 127 Vt. 525, 527.)
However, “Trial Rule 37 permits trial courts to impose various sanctions upon parties failing to comply with discovery.” (See Stout v. A.M. Sunrise Const. Co., Inc. (1987) 505 N.E.2d 500, 503.)
“Rule 37 provides for various degrees of sanctions for discovery violations.” (See Trevor v. Icon Legacy Custom Modular Homes, LLC (2019) 217 A.3d 496, 511-12.)
“Subsection (c)(1) of Rule 37 explains that [a] party that without substantial justification fails to supplement responses as required by Rule 26(e) is not, unless such failure is harmless, permitted to use as evidence at trial ... any witness or information not so disclosed." (See id.)
“Along with the exclusion of evidence, Rule 37(c)(1) also permits a trial court to impose other appropriate sanctions, including the requirement to pay reasonable expenses, including attorney's fees and any of the actions authorized under Rule 37(b)(2)(A), (B), and (C)." (See id.)
“Rule 37(b)(2)(C) permits a trial court to issue [a]n order ... rendering a judgment by default against the disobedient party." (See id.)
“We find nothing ambiguous about the cross reference's language— Rule 37(c)(1) authorizes a trial court to exclude the evidence at issue, and [i]n addition to or in lieu of this sanction, it may also order the payment of reasonable fees or any of the sanctions authorized by Rule 37(b)(2)(A)-(C), which includes entering default judgment against a party.” (See id.)
“We do not find a distinction, based on the presence of a violated court order, in the plain language of Rule 37 between the sanctions available for Rule 26(e) violations.” (See id.)
“The trial court has discretion to sanction parties for failure to obey orders regarding discovery.” (See Bashara v. Caton, SUPREME COURT No. 2011-026, at *4 (Vt. Aug. 31, 2011).)
“This may include rendering a judgment by default against the disobedient party." (See id.)
“Discovery sanctions are reviewed for an abuse of discretion, however, litigation-ending sanctions are reserved for only the most flagrant cases." (See id.)
“Before entering a sanction of default, the court must first find that the disobedient party acted in bad faith or deliberate and willful disregard for the court's orders." (See id.)
It is well settled that “V.R.C.P. 37(b)(2) expressly provides that a party failing to comply with discovery requests or orders may be sanctioned in varying degrees, from the imposition of costs to dismissal or default.” (See C.C. Miller Corp. v. Ag Asset, Inc. (1989) 151 Vt. 604, 606.)
It is also well settled that “although V.R.C.P. 37, governing sanctions for discovery abuses, does not specifically address a party's failure to seasonably supplement discovery, the trial court has inherent authority to enforce V.R.C.P. 26(e) by excluding evidence, granting a continuance, or by taking other appropriate action.” (See White Current Corp. v. Vermont Electric Coop (1992) 158 Vt. 216, 223.)
Dec 15, 2023
03/27/2024 Active - Pretrial
Windsor County
Windsor County, VT
Contract - Other
Commercial
Breach of Contract
Dec 05, 2023
Default Judgment
Windham County
Windham County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Dec 04, 2023
Stipulated Judgment
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Nov 16, 2023
12/29/2023 Active - Answer Due
Windham County
Windham County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Nov 13, 2023
01/23/2024 Active - Pretrial
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Nov 09, 2023
Summary Judgment
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Nov 09, 2023
11/15/2023 Active - Ready for Final Hearing
Washington County
Washington County, VT
Nov 08, 2023
Dismissal
Lamoille County
Lamoille County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Sep 28, 2023
02/28/2024 Active - Pretrial
Windsor County
Windsor County, VT
Real Property
Property
General Property
Aug 14, 2023
08/14/2023 Active - Service Due
Chittenden County
Chittenden County, VT
Declaratory Judgment
Aug 04, 2023
09/18/2023 Active - Pretrial
Windsor County
Windsor County, VT
Jul 25, 2023
Non-Jury Verdict
Hon. Corbett, Dickson
Rutland County
Rutland County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jul 19, 2023
10/02/2023 Active - Pretrial
Washington County
Washington County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jul 07, 2023
04/25/2024 Active - Ready for Trial
Rutland County
Rutland County, VT
Declaratory Judgment
Jul 05, 2023
08/10/2023 Active - Pretrial
Lamoille County
Lamoille County, VT
Miscellaneous - Other
Jun 19, 2023
Dismissal
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jun 15, 2023
04/09/2024 Active - Pretrial
Windham County
Windham County, VT
Tort - Personal Injury
Torts
Personal Injury
Jun 14, 2023
09/06/2023 Disposed
Hon. Corbett, Dickson
Windsor County
Windsor County, VT
Miscellaneous - Other
Jun 07, 2023
08/22/2023 Active - Pretrial
Windham County
Windham County, VT
Claim Against Gov. - Rule 75 (Non-Prisoner)
Jun 02, 2023
Voluntary Dismissal
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Jun 01, 2023
11/20/2023 Active - Pretrial
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
May 15, 2023
Dismissal
Lamoille County
Lamoille County, VT
Miscellaneous - Other
Apr 12, 2023
05/22/2023 Active - Mediation
Chittenden County
Chittenden County, VT
Mar 21, 2023
10/30/2023 Active - Ready for Trial
Bennington County
Bennington County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Mar 01, 2023
07/13/2023 Active - Mediation
Rutland County
Rutland County, VT
Tort - Malpractice Medical
Torts
Malpractice
Feb 21, 2023
02/16/2024 Active - Pretrial
Rutland County
Rutland County, VT
Contract - Other
Commercial
Breach of Contract
Feb 16, 2023
10/20/2023 Active - Mediation
Washington County
Washington County, VT
Contract - Other
Commercial
Breach of Contract
Jan 31, 2023
02/01/2024 Active - Mediation
Windsor County
Windsor County, VT
Tort - Malpractice Other
Torts
Malpractice
Jan 26, 2023
05/22/2023 Active - Mediation
Chittenden County
Chittenden County, VT
Contract - Other
Commercial
Breach of Contract
Dec 23, 2022
Dismissal
Orleans County
Orleans County, VT
Prisoner Case - Review of Governmental Action
Dec 20, 2022
02/09/2024 Active - Mediation
Orange County
Orange County, VT
Declaratory Judgment
Dec 14, 2022
Dismissal
Washington County
Washington County, VT
Miscellaneous - Other
Dec 07, 2022
06/19/2023 Active - Mediation
Windham County
Windham County, VT
Contract - Other
Commercial
Breach of Contract
Nov 23, 2022
02/09/2023 Active - Pretrial
Rutland County
Rutland County, VT
Miscellaneous - Other
Nov 10, 2022
10/05/2023 Active - Mediation
Chittenden County
Chittenden County, VT
Declaratory Judgment
Oct 31, 2022
09/11/2023 Disposed
Grand Isle County
Grand Isle County, VT
Contract - Other
Commercial
Breach of Contract
Oct 28, 2022
08/15/2023 Active - Pretrial
Windsor County
Windsor County, VT
Tort - Slander/Libel/Defamation
Torts
Slander,Libel,Defamation
Oct 03, 2022
04/23/2024 Active - Mediation
Orange County
Orange County, VT
Tort - Personal Injury
Torts
Personal Injury
Oct 03, 2022
06/09/2023 Disposed
Orleans County
Orleans County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Sep 20, 2022
03/28/2024 Active - Motion Under Advisement
Windham County
Windham County, VT
Collection - Non-Credit Card
Sep 07, 2022
02/08/2023 Active - Mediation
Chittenden County
Chittenden County, VT
Contract - Other
Commercial
Breach of Contract
Aug 29, 2022
10/19/2023 Active - Mediation
Chittenden County
Chittenden County, VT
Tort - Personal Injury
Torts
Personal Injury
Aug 01, 2022
Voluntary Dismissal
Chittenden County
Chittenden County, VT
Contract - Buyer Plaintiff
Commercial
Breach of Contract
Jul 25, 2022
11/02/2022 Active - Answer Due
Essex County
Essex County, VT
Miscellaneous - Other
Jun 24, 2022
09/22/2023 Disposed
Chittenden County
Chittenden County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jun 21, 2022
Non-Jury Verdict
Franklin County
Franklin County, VT
Contract - Other
Commercial
Breach of Contract
Jun 06, 2022
Appealed
Bennington County
Bennington County, VT
Jun 06, 2022
Appealed
Bennington County
Bennington County, VT
Jun 06, 2022
Dismissal
Windham County
Windham County, VT
Tort - Malpractice Medical
Torts
Malpractice
May 31, 2022
09/27/2023 Disposed - Appeal Pending
Hon. Teachout, Mary M.
Orleans County
Orleans County, VT
Claim Against Gov. - Other
May 26, 2022
06/14/2022 Active - Pretrial
Orange County
Orange County, VT
Collection - Credit Card
May 13, 2022
Stipulated Judgment
Washington County
Washington County, VT
Prisoner Case - Review of Governmental Action
Apr 11, 2022
04/04/2023 Active - Mediation
Rutland County
Rutland County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Apr 01, 2022
12/26/2023 Active - Ready for Trial
Washington County
Washington County, VT
Contract - Buyer Plaintiff
Commercial
Breach of Contract
Mar 25, 2022
Other
Chittenden County
Chittenden County, VT
Mar 24, 2022
Dismissal
Windham County
Windham County, VT
Mar 23, 2022
Other
Windham County
Windham County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Mar 11, 2022
Dismissal
Windham County
Windham County, VT
Tort - Malpractice Medical
Torts
Malpractice
Mar 02, 2022
Judgment (Other)
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Feb 16, 2022
Other
Franklin County
Franklin County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Jan 21, 2022
08/02/2023 Disposed
Windsor County
Windsor County, VT
Prisoner Case - Review of Governmental Action
Jan 14, 2022
06/06/2022 Active - Mediation
Bennington County
Bennington County, VT
Tort - Intentional Tort
Torts
Intentional Torts
Jan 13, 2022
Dismissal
Windham County
Windham County, VT
Tort - Personal Injury
Torts
Personal Injury
Dec 17, 2021
11/29/2022 Active - Mediation
Windham County
Windham County, VT
Contract - Buyer Plaintiff
Commercial
Breach of Contract
Nov 22, 2021
01/10/2024 Active - Ready for Trial
Windsor County
Windsor County, VT
Tort - Negligence
Torts
General Negligence
Nov 22, 2021
Voluntary Dismissal
Chittenden County
Chittenden County, VT
Nov 19, 2021
Default Judgment
Franklin County
Franklin County, VT
Collection - Non-Credit Card
Nov 08, 2021
Voluntary Dismissal
Hon. Gerety, Robert P., Jr.
Windsor County
Windsor County, VT
Collection - Non-Credit Card
Nov 03, 2021
05/04/2022 Active
Orleans County
Orleans County, VT
Prisoner Case - Post Conviction Relief
Oct 25, 2021
10/24/2023 Active - Mediation
Windham County
Windham County, VT
Tort - Malpractice Medical
Torts
Malpractice
Oct 22, 2021
01/15/2024 Active - Pretrial
Franklin County
Franklin County, VT
Contract - Other
Commercial
Breach of Contract
Oct 12, 2021
11/27/2023 Active - Ready for Trial
Windham County
Windham County, VT
Tort - Personal Injury
Torts
Personal Injury
Sep 29, 2021
09/14/2023 Disposed
Rutland County
Rutland County, VT
Sep 27, 2021
Voluntary Dismissal
Chittenden County
Chittenden County, VT
Landlord/Tenant - Other
Property
Landlord-Tenant
Sep 17, 2021
Voluntary Dismissal
Caledonia County
Caledonia County, VT
Sep 01, 2021
09/20/2022 Disposed
Addison County
Addison County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Aug 23, 2021
09/08/2023 Active - Mediation
Addison County
Addison County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Aug 23, 2021
09/08/2023 Active - Mediation
Addison County
Addison County, VT
Landlord/Tenant - Eviction
Property
Landlord-Tenant
Aug 06, 2021
02/01/2024 Active - Pretrial
Franklin County
Franklin County, VT
Employment - Discrimination
Labor and Employment
Discrimination
Jul 28, 2021
03/18/2024 Active - Pretrial
Windham County
Windham County, VT
Declaratory Judgment
Jul 16, 2021
03/15/2024 Active - Pretrial
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Jul 16, 2021
03/15/2024 Active - Pretrial
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Jul 16, 2021
03/15/2024 Active - Pretrial
Chittenden County
Chittenden County, VT
Miscellaneous - Other
Jul 14, 2021
Dismissal
Rutland County
Rutland County, VT
Jul 13, 2021
11/15/2022 Active - Pretrial
Washington County
Washington County, VT
Declaratory Judgment
Jun 28, 2021
Dismissal
Addison County
Addison County, VT
Jun 25, 2021
11/18/2022 Active - Mediation
Caledonia County
Caledonia County, VT
Miscellaneous - Other
Jun 25, 2021
01/16/2024 Active - Ready for Jury Draw
Windsor County
Windsor County, VT
Miscellaneous - Other
Jun 17, 2021
Dismissal
Washington County
Washington County, VT
May 21, 2021
Judgment (Other)
Chittenden County
Chittenden County, VT
Real Property
Property
General Property
May 11, 2021
09/06/2022 Disposed
Hon. Mello, Robert A.
Washington County
Washington County, VT
May 10, 2021
Dismissal
Caledonia County
Caledonia County, VT
Prisoner Case - Review of Governmental Action
Apr 20, 2021
09/05/2023 Active - Mediation
Bennington County
Bennington County, VT
Tort - Negligence
Torts
General Negligence
Apr 19, 2021
09/15/2023 Disposed
Windham County
Windham County, VT
Employment - Discrimination
Labor and Employment
Discrimination
Apr 06, 2021
Appealed
Washington County
Washington County, VT
Appeal - Probate
Probate
General Probate
Mar 18, 2021
01/18/2022 Active - Pretrial
Franklin County
Franklin County, VT
Tort - Slander/Libel/Defamation
Torts
Slander,Libel,Defamation
Mar 15, 2021
Dismissal
Windsor County
Windsor County, VT
Declaratory Judgment
Feb 22, 2021
Appealed
Windham County
Windham County, VT
Contract - Buyer Plaintiff
Commercial
Breach of Contract
Feb 22, 2021
Non-Jury Verdict
Windsor County
Windsor County, VT
Miscellaneous - Other
Feb 09, 2021
Dismissal
Rutland County
Rutland County, VT
Miscellaneous - Other
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