Jones v. Murphy

The issue presented in this appeal is whether the Ohio Rules of Civil Procedure permit the exclusion of expert testimony pursuant to a motion in limine as a sanction for the violation of Civ. R. 26(E)(1)(b). For the reasons that follow, we answer in the affirmative, and thus uphold the court of appeals’ decision.

Appellants do not dispute the fact that they have violated Civ. R. 26(E) (l)(b)1 by failing to supplement their response to the expert witness disclosure interrogatory. Appellants contend, however, that exclusion of the testimony of the non-disclosed experts is not permitted by the…