It is not unusual for a Buffalo personal injury lawsuit to involve a dispute over what documents or other evidence will or will not to be disclosed to the other party. When this happens, the party seeking the evidence will usually request that the Court intervene and determine whether the evidence must be provided.
Even if the Court determines that the evidence must be turned over, there is not necessarily any additional sanction to the other party. Section 3126 of the Civil Practice Law and Rules, however, does provide for sanctions when a party fails to comply with a court order for disclosure or wilfully fails to disclose information. In this situation, the sanctions that the Court may impose include:
1. An order that the issues to which the information is relevant shall be deemed resolved for purposes of the action in accordance with the claims of the party obtaining the order; or
2. An order prohibiting the disobedient party from supporting or opposing designated claims or defenses, from producing in evidence designated things or items of testimony, or from introducing any evidence of the physical, mental or blood condition sought to be determined, or from using certain witnesses; or
3. An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment by default against the disobedient party.
If you have been injured and have any questions regarding this topic, please feel free to call my office at 716-542-544.
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