Case Analysis : Mother 's Lease At Her Apartment Essay

1173 Words Aug 22nd, 2016 null Page
Mother contends that the circuit court erred by excluding evidence purporting to be Mother’s lease at her apartment in Alabama, and evidence of her participation in a SpectraCare program. The Department and the children assert that the court properly exercised its discretion to exclude evidence that had not been disclosed in discovery pursuant to the court’s discovery order. Further, the Department and the children assert that even if Mother had complied with the court’s scheduling order, the evidence would still have been inadmissable because the documents could not be authenticated, and were hearsay. We hold that the court did not abuse its discretion by excluding the evidence as inconsistent with its prior scheduling order. Under Md. Rule 2-504(b)(1)(D), the court must generally provide a scheduling order which contains “a date by which all discovery must be competed. Notably, “[t]he scheduling order is not meant to function as a statute of limitations, and good faith substantial compliance with the scheduling order is ordinarily sufficient to forestay a case-ending sanction.” Maddox v. Stone, 174 Md. App. 489, 501 (2007). The circuit court, however, has the discretion to enforce its scheduling order through the use of appropriate sanctions, including the exclusion of evidence. Station Maint. Solutions, Inc. v. Two Farms, Inc., 209 Md. App. 464, 476 (2013) (“‘Indeed, if our courts could not enforce their scheduling orders through the threat and imposition of…

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