State v. Beloit Concrete Stone Co.

The state appeals from the judgment dismissing its action against defendants, entered because the trial court found that the state willfully violated two discovery orders. The orders required the state to produce for deposition then-secretary of the Department of Natural Resources (DNR), Anthony Earl, 1 and to pay defendants $200 expenses as a sanction for failure to provide discovery. The issues are whether the defendants were entitled as of right to take the secretary’s deposition, whether they may recover motion expenses from the state, and whether dismissal is appropriate. We decide the…