Ward v. Hester

The question presented in this case is whether the imposition of sanctions, as provided by Civ. R. 37, preventing the defendant Continental from introducing evidence regarding agency and scope of employment at trial, was within the court’s discretion.

This case involves the construction of Civ. R. 37(B), effective July 1, 1970, which, in pertinent part, provides:

“(1) If a deponent fails to be sworn or to answer a question after being directed to do so by the court, the failure may be considered a contempt of that court.

“(2) If any party or an officer * * fails to obey an order to provide or…