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Re: Scruffer post# 73301

Friday, 09/13/2019 6:45:58 AM

Friday, September 13, 2019 6:45:58 AM

Post# of 96939
Interesting read.
Stall tactics are in play in the face of written law,


Rule of Civil Procedure 37(c)(1) provides, "If a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information . . . to supply evidence on a motion, at a hearing, or at trial, unless the failure was substantially justified or is harmless." To determine whether a failure to disclose was harmless, courts in the Third Circuit consider the Pennypack factors: (1) the prejudice or surprise to the party against whom the evidence is offered; (2) the possibility of curing the prejudice; (3) the potential disruption of an orderly and efficient trial; (4)

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