Varner v. Howe’s Empirical Analysis

Citation profile

22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “6. Duty to Supplement. A party who has responded to a request for discovery that was correct and complete when made is under no duty to supplement his response to include information thereafter acquired, except the following shall be supplemented not less than thirty days prior to the beginning of tidal unless the court finds that a good cause exists for permitting or requiring later supplementation. a. A party is under a duty to reasonably supplement his response if he obtains information upon the basis of which: (1) he knows that the response was incorrect or incomplete when made; (2) he knows that the response though correct and complete when made is no longer true and complete and the circumstances are such that failure to amend the answer is in substance misleading; or b. If the party expects to call an expert witness when the identity or the subject matter of such expert witness’ testimony has not been previously disclosed in response to an appropriate inquiry directly addressed to these matters, such response must be supplemented to include the name, address and telephone number of the expert witness and the substance of the testimony concerning which the expert witness is expected to testify, as soon as is practical, but in no event less than thirty (30) days prior to the beginning of trial except on leave of court.”

   1 later decision quote this exact passage · from the majority
   e.g. State Farm Fire & Casualty Co. v. Morua

2. “At the risk of appearing hypertechnical, we would mildly disagree for several reasons with the holdings of Jones, Soefje, Kramer, Circle Y and Munday that verification of supplemental answers is not necessary. If the formalities of Rule 168 are mandatory (though waivable), then it logically follows that a supplementation to the answers previously given should observe the same formalities. Otherwise, a clever party or his attorney, without appearing to give evasive or incomplete answers, could hold back on material information and then provide it in an unsworn supplement just before the cutoff date.”

   1 later decision quote this exact passage · from the majority
   e.g. Morua v. State Farm Fire & Casualty Co.

3. “Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the judgment is to provide for the adjudication of such costs. If the judgment provides that costs are to be borne by the party by whom such costs were incurred, it shall not be necessary for any of the parties to present a record of court costs to the court in connection with the entry of a judgment.”

   1 later decision quote this exact passage · from the majority
   e.g. Nolte v. Flournoy