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Interrogatory Answer Abandoned in Later Testimony

Posted: Mon Sep 29, 2014 11:06 pm
by Administrator
"A party may be embarrassed by its answer to a pretrial interrogatory in which it took a position different from one that it later asserts, and it is right that it should have to explain its change of position, but its answer to the interrogatory should not be a bar to taking a different position at the trial. Of course, the supplementation requirements of Rule 26(e) must also be complied with.” 8A Wright and Miller, Federal Practice and Procedure, § 2181. [In the case at bar, the additional information was provided at a deposition as allowed by Fed.R.Civ.P. 26(e)(1)(A).]

Malone v. Greenville County
Slip Copy, 2008 WL 4458868
September 30, 2008