Defendant presented plaintiff's deposition to the court as an evidence but did not disclose plaintiff's disclosure requests. Defendant futher filed a motion for sanctions against plaintiff. Now, plaintiff has filed a reply to the defendant's motion to sanctions, plaintiff also filed a motion to reset trial date which was granted by judge, a motion for contempt and/or sanctions and a motion for sanctions against defendant. Since, defendant intentionally misled the court by not providing a very important evidence and presenting the least important evidence. Plaintiff could not prove his case without defendant's disclosure. What penalties might be posed against the defendant and his attorney?
Elder Law Attorney
Hopefully you have a lawyer. If so, ask your lawyer these questions. Too few facts are provided (the context of the proceedings in which the deposition testimony was offered). If this was a summary judgment proceeding, the non-movant may have had the duty to bring forward conflicting evidence to raise a fact issue. You need your lawyer to answer these questions and if you don't have one, you need one now!
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