Judge Fuentes Warns: When Seeking Dismissal With Prejudice as a Discovery Sanction, “Follow the Procedural Safeguards” of Rule 4:23-5

Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this […]

The post Judge Fuentes Warns: When Seeking Dismissal With Prejudice as a Discovery Sanction, “Follow the Procedural Safeguards” of Rule 4:23-5 appeared first on Appellate Law NJ Blog.

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