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Detwiler v. Gall, Landau & Young Construction Co.

(1986) The defendant in a negligence action served interrogatories on the plaintiff requesting identifying information about consulting experts. Plaintiff objected to providing information about nonwitness consulting experts, and the defendants successfully sought an order from the trial court compelling answers to the interrogatories. Plaintiff was granted expedited discretionary review before the Court of Appeals, which held that: (1) identities of nonwitness experts are not discoverable absent a showing of exceptional circumstances, and (2) parties have a duty to seasonably supplement responses to interrogatories requesting information about expert witnesses, and exclusion of expert’s testimony is an appropriate sanction for failure to supply supplementary responses.

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