sanction for a discovery violation (Mississippi) · Go Syfert
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sanction for a discovery violation in Mississippi

8 Mississippi opinions name it 2 courts 2001–2025 1 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Conklin v. Boyd Gaming Corp.green
missctapp · 2011 · cited in 2 Mississippi opinions naming this issue, 2012–2013
2 sentences

2013The question is whether the circuit court’s dismissal with prejudice was, as Buckley argues, “too excessive a sanction for a discovery violation.” In Conklin v. Boyd Gaming Corp-, 75 So.3d 589, 592 (¶8) (Miss.Ct.App.2011), this Court recently stated: [T]he trial court should only dismiss a cause of action because of discovery violations under the most extreme circumstances.

2012The question is whether the circuit court’s dismissal with prejudice was, as Buckley argues, “too excessive a sanction for a discovery violation.” In Conklin v. Boyd Gaming Corp., 75 So.3d 589, 592 (¶ 8) (Miss.Ct.App. 2011), this Court recently stated: [T]he trial court should only dismiss a cause of action because of discovery violations under the most extreme circumstances.

22
Robert Patrick Terrell v. State of Mississippigreen
miss · 2018 · cited in 1 Mississippi opinions naming this issue, 2025–2025
2 sentences

2025Box set forth “procedures [to] apply when the State attempts to enter previously undisclosed evidence over the defendant’s objection.” Id. 9 witnesses in his favor.” Id. (internal quotation marks omitted).

2025The supreme court has cautioned that when imposing a sanction for a discovery violation, “[t]he court cannot disregard the fundamental character of the defendant’s right to offer the testimony of 3 Rule 17.9 “adopted the procedures set forth in Box v. State, 437 So. 2d 19, 23-24 (Miss. 1983) (Robertson, J., specially concurring).” Terrell v. State, 237 So. 3d 717, 730 (¶51) (Miss. 2018).

11
Box v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025The supreme court has cautioned that when imposing a sanction for a discovery violation, “[t]he court cannot disregard the fundamental character of the defendant’s right to offer the testimony of 3 Rule 17.9 “adopted the procedures set forth in Box v. State, 437 So. 2d 19, 23-24 (Miss. 1983) (Robertson, J., specially concurring).” Terrell v. State, 237 So. 3d 717, 730 (¶51) (Miss. 2018).

11
Eaton Corp. v. Frisbygreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018Ct. App. 2013); see also Eaton Corp., 133 So. 3d at 747 (¶45).

2018Ct. App. 2013) ; see also Eaton Corp. , 133 So.3d at 747 (¶ 45).

11
Avare v. Gulfside Casino Partnershipgreen
missctapp · 2013 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018We will affirm a trial court’s dismissal as a sanction for a discovery violation “unless there is a definite and firm conviction that the trial court committed a clear error of judgment in the conclusion it reached upon weighing [the] relevant factors.” Avare v. Gulfside Casino P’ship, 178 So. 3d 796, 798 (¶4) (Miss.

2018We will affirm a trial court's dismissal as a sanction for a discovery violation "unless there is a definite and firm conviction that the trial court committed a clear error of judgment in the conclusion it reached upon weighing [the] relevant factors." Avare v. Gulfside Casino P'ship , 178 So.3d 796 , 798 (¶ 4) (Miss.

11
Preston Overton v. State of Mississippigreen
miss · 2016 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017See Overton v. State , 195 So.3d 715 (Miss. 2016) (reversing for a new trial after finding that the trial court abused its discretion by excluding a defense witness as a sanction for a discovery violation); Willard v. State , 219 So.3d 569 , 574-76 (¶¶ 19-29) (Miss.

11
White v. Whitegreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013According to Pierce “the decision whether to impose sanctions for a discovery abuse is vested in the trial court’s discretion.” Id. at 1388 (citing White v. White, 509 So.2d 205, 207 (Miss.1987)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Thompson v. Patino green
miss · 2001
2 sentences

2003The plaintiffs rely on Thompson v. Patino, 784 So.2d 220 (Miss.2001) wherein we held that the striking of an expert designation was considered to be too harsh a sanction for a discovery violation.

2001The plaintiffs rely on Thompson v. Patino, 784 So.2d 220 (Miss. 2001) wherein we held that the striking of an expert designation was considered to be too harsh a sanction for a discovery violation.

22001–2003
Chad Willard v. State of Mississippi green
missctapp · 2017
1 sentence

2017See Overton v. State , 195 So.3d 715 (Miss. 2016) (reversing for a new trial after finding that the trial court abused its discretion by excluding a defense witness as a sanction for a discovery violation); Willard v. State , 219 So.3d 569 , 574-76 (¶¶ 19-29) (Miss.

12017–2017
Pierce v. Heritage Properties, Inc. green
miss · 1997
2 sentences

2013According to Pierce “the decision whether to impose sanctions for a discovery abuse is vested in the trial court’s discretion.” Id. at 1388 (citing White v. White, 509 So.2d 205, 207 (Miss.1987)).

2013The seminal case on dismissal as a sanction for a discovery violation under Rule 37(b)(2) is Pierce, 688 So.2d 1385 .

12013–2013

Where else courts name it

OH 42 (1998–2026) IL 26 (1980–2026) FL 19 (1982–2024) OR 13 (1993–2026) MD 11 (1983–2024) WA 10 (1998–2019) ID 10 (1999–2021) MS 8 (2001–2025) MI 6 (2016–2026) AZ 6 (1995–2017) CO 6 (2009–2026) NJ 5 (2017–2020) ND 4 (2012–2023) NY 4 (2015–2026) ME 4 (2012–2025) MO 4 (1993–2020) PA 4 (2005–2016) CA 4 (2013–2024) NC 3 (2009–2021) OK 3 (1998–2009) NM 2 (2016–2025) WI 2 (1991–2019) WY 2 (2016–2016) NE 2 (2024–2025) MA 2 (1999–2023) CT 2 (2020–2020) TN 2 (2002–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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