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The post below was published on Thursday, February 3rd, 2011 at 8:33 AM.

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Second District: Certiorari, Obtaining Settlement Documents

Extraordinary writ fans are surely noticing the district courts’ increasing use of certiorari to quash orders denying discovery. I am the author of an extensive chapter on pre-trial writs in this bar publication, and I like to write on the subject, so I have a particular interest in the area.

This case caught my eye. It involved settlement agreements with nonparties. A trial court denied a motion to compel their discovery, and the Second District, finding irreparable harm, quashed the order. The district court determined that the discovery denial eviscerated the petitioner’s setoff defense and that proving harmful error post-trial would have been nearly impossible.

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