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Legal Memorandum: Extension of a Discovery Deadline

Issue: When should the court extend discovery?

Area of Law: Litigation & Procedure
Keywords: Extension of a discovery; Gather information about a disputed issue
Jurisdiction: Virgin Islands
Cited Cases: 317 F. Supp. 2d 605
Cited Statutes: None
Date: 04/01/2006

The trial judge should allow extension of a discovery deadline when necessary to gather information about a disputed issue.  See Singer v. Guckenheimer Enters., Inc., No. Civ.A. 03-0026 (E.D. Pa. July 13, 2004) (allowing the plaintiffs to extend the discovery deadline so as to obtain deposition testimony).  When further discovery is warranted even after the court’s extension of an initial discovery period, the party arguing noncompliance with discovery appropriately seeks further remedial action by the trial court.  Id.

See also Gov’t of the V.I. v. Ubiles, 317 F. Supp. 2d 605, 608-09 (D.V.I. 2004) (the trial court abused its discretion in imposing severe discovery sanction, given that delay was not caused by bad faith and there was no showing of prejudice by the delay to the opposing party).

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