Section 46 Failure to Divulge Information in Discovery

• Library: Civil Trial Practice 2008 Supp Forms

. The court erred in allowing [Witness White to testify over the defendant's objection because the defendant submitted interrogatories to the plaintiff requesting names of all witnesses to the accident. The plaintiff's answers to these interrogatories failed to divulge the name of Witness White and, even though the plaintiff obtained the name of the witness after filing his answers to the interrogatories, he was required to furnish the witness's name to the defendant when he acquired it before trial. The...