Defendant has failed to respond to any discovery requests. Plaintiff's subsequent motion to compel was granted + monetary sanctions awarded. Defendant still didn't respond and didn't pay any sanctions.
I wanted to do a Motion For Issues Sanctions & Terminating Sanctions to strike Defendant's Answer to the Complaint (to get a default judgment). However, the Clerk said the earliest that motion could go on calendar was 3 months AFTER the scheduled trial date. I went in ex parte to shorten time on hearing the motion but it was denied.
Trial is approaching in a few days. I want to limit D's testimony. Can I still bring up Issues/Terminating Sanctions as a Motion In Limine, or should it be a Motion In Limine to Exclude testimony/evidence based on D's discovery violation?
Thanks, I'm a newbie