Courts hate disputes over pretrial discovery. Not only do those disputes often involve detailed factual arguments, but they are usually boring. It is no fun to review multiple document requests or interrogatories that have been responded to with vague, repetitive objections that take hours to sort out. While there are special discovery masters that might be appointed to take a first shot at resolving those disputes, too often that just postpones, but does not avoid the need for court involvement.

The Delaware Court of Chancery has now decided that its past guidance on how to conduct discovery has not cured this problem. It is time, instead, to impose increased sanctions for the most often repeated discovery abuses. Thus, in Terramar Rental Centers v. Marion #2-Seaport Trust U/A/D June 21, 2002, Del. Ch. C.A. No. 12875-VCL (December 4, 2018), issued an “evidence-preclusion order” to cure discovery misconduct. As Terramar points out, it is not the first time these discovery abuses have occurred.

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