Zimmerman v. Shakman
In Zimmerman v. Shakman, 204 Ariz. 231, 62 P.3d 976 (App. 2003), the Court reversed the grant of a motion in limine that effectively dismissed the plaintiff's case because the trial court failed to conduct an evidentiary hearing to assess whether the plaintiff or his attorney was to blame for the alleged disclosure violation. Id. at 237, P23, 62 P.3d at 982.
Additionally, the trial court failed to make specific findings as to what evidence had not been disclosed and did not consider lesser sanctions. Id.
Based upon the plaintiff's prior disclosures in a pretrial statement and the supplemental list of witnesses, we found that "trial could have proceeded, limited only to that evidence." Id. at P22.