WebJustia › US Law › Case Law › Washington Case Law › Washington Court of Appeals, Division II Decisions › 2024 › Marriage Of: Patricia A. Price, Respondent vs. Thomas W. … WebDec 31, 2024 · ¶ 10 Prior to imposing a severe discovery sanction such as excluding witnesses, the court must explicitly consider the factors from Burnet of whether a lesser sanction would probably suffice, whether the violation at issue was willful or deliberate, and whether the violation substantially prejudiced the opponent’s ability to prepare for trial.
Don’t Count the Witnesses Before They’re Called–A Return to Tri…
WebIt argues that a trial court need only consider the Burnet factors when it imposes the “most severe” sanctions of dismissal or default. ... to educate, and to ensure that the wrongdoer does not profit from the wrong. Burnet, 131 Wn.2d at 496, citing Washington State Physicians Ins. Exch. & Ass'n v. Fisons Corp., 122 Wn.2d 299, 356, 858 P.2d ... WebJustia › US Law › Case Law › Washington Case Law › Washington Court of Appeals, Division I Decisions › 2011 › Bearrach Mcmonagle & Jennifer Glyzinski. Respondents V. David Allan, Appellants certified pre owned boats
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WebApr 26, 2016 · We hold that the Burnet factors are inapplicable to dismissal of a case under CR 40(d). ¶ 29 The court in Burnet held that a trial court must consider certain factors on the record before choosing one of the harsher remedies allowable under CR 37(b) for violation of a discovery order. 131 Wash.2d at 494, 933 P.2d 1036. http://courts.mrsc.org/supreme/131wn2d/131wn2d0484.htm WebApr 21, 2011 · ¶ 14 The trial court twice sanctioned Blair by excluding her witnesses, entering orders on August 14, 2007, and on October 15, 2007. Blair challenges the propriety of these orders on the ground that the record does not reflect the trial court's consideration of the Burnet factors, 131 Wash.2d 484, 933 P.2d 1036, when entering the orders. certified pre owned boats miami