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BERRY v. KELTNER

No. 09SA5.

208 P.3d 247 (2009)

Michelle K. BERRY, Plaintiff v. Jennifer KELTNER, Defendant.

Supreme Court of Colorado, En Banc.

May 26, 2009.

Attorney(s) appearing for the Case

Cooper & Clough, P.C., John E. Clough, Wendy J. Lewis, Denver, Colorado, Attorneys for Plaintiff.

Wick & Trautwein, LLC, Kent N. Campbell, Kimberly B. Schutt, Fort Collins, Colorado, Attorneys for Defendant.

Justice RICE delivered the Opinion of the Court.

Plaintiff Michelle Berry brought this original proceeding to challenge a pretrial order precluding testimony from an expert witness she did not disclose by the applicable deadline. As we have held in the past, C.R.C.P. 37(c) dictates that a party be sanctioned for failure to comply with certain discovery deadlines by the preclusion of evidence or witnesses, unless the party's failure to comply is either substantially...

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