Bonnie Duart v. Department of Correction — Eveleigh, J., dissenting

Summary

Justice Eveleigh, joined by Justice Vertefeuille, dissented from the majority's modification of the governing standard for new-trial motions based on discovery noncompliance. The dissent would discard the existing framework entirely and require the movant to prove substantial, relevant noncompliance, after which the noncompliant party would bear the burden of rebutting a presumption that the undisclosed information was material. The dissent would reverse and remand for reconsideration under that proposed framework.