29-1919. Discovery; failure to comply; effect.
206 words·~1 min read·
/ne/chapter-29/29-1919A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921 , the court may:
(1)Order such party to permit the discovery or inspection of materials not previously disclosed;
(2)Grant a continuance;
(3)Prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed; or
(4)Enter such other order as it deems just under the circumstances.
Under the plain meaning of this section, if a party fails to comply with discovery and give notice of an intent to call a witness, the court may prohibit that witness from being called. State v. Sierra, 305 Neb. 249, 939 N.W.2d 808 (2020).
Under this section, on determination that a discovery order has not been complied with, the trial court has broad discretion to enter such other order as it deems just under the circumstances. State v. Surber, 221 Neb. 714, 380 N.W.2d 293 (1986).
Subsection
(4)of section 29-1919, R.R.S.1943, allows a court to enter no order at all. State v. Vicars, 207 Neb. 325, 299 N.W.2d 421 (1980).