Flora v. Shulmister

In this appeal, we decide the question whether a trial court abused its discretion by imposing monetary sanctions because a litigant’s counsel failed to produce an autopsy report in response to a request for production of documents. Because we conclude that the attorney, after reasonable inquiry, could have formed a reasonable belief, grounded in fact and warranted under existing law, that the report contained facts known and an opinion held by an expert and was, thus, discoverable only pursuant to Rule 4:1(b)(4), we will reverse the judgment of the circuit court awarding the sanctions.

FACTS…