DocketNumber: No. CV88 0342934 S
Citation Numbers: 1994 Conn. Super. Ct. 10010
Judges: CORRADINO, J.
Filed Date: 10/3/1994
Status: Non-Precedential
Modified Date: 7/5/2016
Through no fault of counsel I must decide this important matter the same day it is presented to me. The arbitration hearing is imminent. CT Page 10011
Our rule P.B. § 220B in effect uses the same language as Federal Rule of Civil Procedure
I agree with that authority but regard this case as a waiver not an "exceptional circumstances" case. The defendant is, of course, not obligated to present this expert's testimony at the arbitration hearings. Once it has done so it is clear reading § 218 and § 243 et seq. together that the defendant could not rely on P.B. 220(B) to preclude discovery including the taking of a deposition. The parties cannot represent to a certainty that a decision in arbitration, no matter how it is decided, will preclude any court litigation. It can't be said with any certainty whether and under what circumstances if that is true, the testimony of this expert will or will not be permitted to be used at any trial. That being the case giving the discovery rules the liberal interpretation they are meant to have and the purposes behind Rule 26(b)(4) and thus P.B. § 220(B), the motion for protective order is denied.
Corradino, J.