Harter & McClelland v Fraternal Order of Eagles

State of Michigan in the Supreme Court ( on appeal from the Michigan Court of Appeals ).
Supreme Court Docket No. 126255
Court of Appeals No. 244689

October 27, 2004

Argument:
I. The Sanction of Default must be used Cautiously
II. A Default is the most serious sanction; it must therefore be used only to punish the most serious discovery violations
III. A Default is rightly affirmed only where the record establishes repeated, intentional violations of a discovery order and no subsequent attempt to remedy the violation
IV. Leave must be granted to ensure that the Court of Appeals applies an appropriate level of scrutiny when reviewing a trial court's decision to issue the ultimate discovery sanction