In Re Marriage of Halko v. Halko
While a trial court has authority to dismiss a UIFSA action for discovery violations, the law requires a finding of egregious conduct by the violating party as a prerequisite to the severe penalty of dismissal.
While a trial court has authority to dismiss a UIFSA action for discovery violations, the law requires a finding of egregious conduct by the violating party as a prerequisite to the severe penalty of dismissal.
Trial court properly exercised discretion is allowing defendant to add an expert witness after the deadline. The excusable neglect standard of §801.15(2) does not apply to untimely motions to enlarge scheduling orders deadlines. Rather, Wis. Stats. §802.10 applies.
Trial court erroneously exercised its discretion by not permitting withdrawal of admissions when party failed to respond to the requests where merits would be served by withdrawal and the other parties would not be prejudiced.