Joann F. Christian

Summary

The Court held that the trial court abused its discretion by refusing to confer with the parties about discovery problems and possible scheduling adjustments when there was still sufficient time to avoid dismissal. Although dismissal was an appropriate consequence once the case reached the eve of trial, the trial court should earlier have considered revised discovery deadlines, sanctions, or rescheduling. The Court also refined the governing practice for informal extensions and requests to modify scheduling orders.