10-04-2024, 08:48 AM
It wasn't a summary judgment. It was a sanction for refusing to obey a court order.
Judges hate getting involved in discovery disputes. They prefer to rely on the parties to work things out. But if that doesn't work then one party will move the court to issue an order requiring the other party to comply with the discovery rules by sitting for a deposition, answering deposition questions that weren't answered, producing documents, or some other discovery matter. But if the other party doesn't comply the party that requested the order can (and probably will) ask the court to impose some sort of sanction. Here are the Connecticut and Texas rules on the available sanctions:
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At the hearing on the motion the party asking for the sanctions will have to convince the judge that the other party has, in fact, disobeyed the order. Given that the rendering of a default judgment is the most onerous sanction there is, and given that this sanction was imposed not once but twice in separate state courts, it is inconceivable (except for those who see conspiracies everywhere) that there wasn't sufficient evidence to sustain the sanctions that were imposed. But hey, maybe I'm wrong and Jones will get the default judgments reversed on appeal, assuming that he has the wherewithal to pursue an appeal of either or both cases. But I'm not holding my breath.
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