Opinion

Duffy v. Pendleton Memorial Methodist Hospital

  • 2010 La.App. 4 Cir. 0660
  • 53 So. 3d 636
  • 2010 La. App. LEXIS 1709
  • 2010 WL 5034707
Court
Louisiana Court of Appeal
Filed
Dec 8, 2010
Status
Published
Author
Tobias
On the bench
Murray, McKay, Tobias
Cited by
2 cases
Authority
More cited than 11.0%

The opinion

TOBIAS, J.,

Concurs and Assigns Reasons.

Ill respectfully concur.

I write separately to emphasize that under our jurisprudence an order of dismissal or another draconian sanction for failure to comply with court-ordered discovery is only allowed when the client, as distinguished from the client’s lawyer alone, has been notified in advance that the client’s case will be dismissed or other draconian sanction imposed if the discovery order is not complied with. See Horton v. McCary, 93-2315, p. 10 (La.4/11/94), 635 So.2d 199, 203 . This can present a party’s counsel seeking the discovery in a difficult position because he/she may not have a way of notifying his/her opponent’s client directly without violating the Rules of Professional Conduct for communicating with his/her opponent’s client directly. The only practical way around the conundrum is for the party seeking compliance with a discovery order to obtain an order of court, preferably written, directing that service of the order requiring discovery be served upon the party from whom the discovery is sought. See Raspanti v. Litchfield, 05-1512, 06-033, p. 1 (La.App. 4 Cir.11/21/06), 946 So.2d 234, 245 (Tobias J., concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.