United States Tenth Circuit

District court's exclusion of expert testimony as a sanction, after finding the government violated discovery orders by failing to timely disclose impeachment evidence regarding that witness, was improper where a continuance would have cured the unfair surprise suffered as a result of the delayed disclosure.

Appellate Information

• Decided 05/31/2002
• Published 05/31/2002

Judges

• Before BRISCOE and BALDOCK, Circuit Judges, and ALLEY, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sean Connelly, Assistant United States Attorney (John W. Suthers, United States Attorney;  Robert C. Troyer, Assistant United States Attorney, with him on the briefs), Denver, CO, for the Plaintiff-Appellant.


• For Appellees:
  
• John M. Richilano of Richilano & Ridley, PC (Lisa Monet Wayne, Denver, CO;  Stephen C. Peters and Marci A. Gilligan of Lindquist & Vennum, PLLP, Denver, CO, with him on the brief), Denver, CO, for Defendants-Appellees.