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Hundley v. Rite Aid of South Carolina2/28/2000
aith, that such conduct has accounted for expanding the scope of this action into a complex and laboriously pursued discovery contest with a commensurate unnecessary expenditure of court time and immeasurable diversion of resources, in terms of time and expense by Plaintiffs' counsel.
In total, the circuit court assessed more than $40,000 in sanctions against Rite Aid in fines, attorneys' fees, and costs for discovery abuses. Rite Aid has not appealed any of the discovery sanctions.
Although the defendants were not complying with discovery requests, they consented to a scheduling order delineating a discovery schedule which culminated in a date-certain trial set for October 7, 1996. The scheduling order was entered by Judge Hayes on August 6, 1996. The scheduling order required the taking of all expert depositions by September 6, 1996.
It is against this backdrop that the defendants seek reversal, based upon surprise at the extent of damage claimed by the Hundleys at trial.
A judge's ruling on whether to grant a continuance will not be disturbed absent an abuse of discretion. Reiland v. Southland Equip. Serv., Inc., 330 S.C. 617, 500 S.E.2d 145 (Ct. App. 1998). To justify a continuance, the moving party must show not only the absence of some material evidence, but also due diligence on his part to obtain it. Id., at 617, 500 S.E.2d at 145; Hudson v. Blanton, 282 S.C. 70, 316 S.E.2d 432 (Ct. App. 1984).
The parties were granted a day-certain trial, which gave them priority status over other cases pending on the court's docket. The administrative judge granted this request in deference to the complexity of the case. Our state has long recognized that " he authority of the court to grant continuances and to determine the order in which cases shall be heard is derived from its power to hear and decide cases. This adjudicative power of the court carries with it the inherent power to control the order of its business to safeguard the rights of litigants." Williams v. Bordon's, Inc., 274 S.C. 275, 279, 262 S.E.2d 881, 883 (1980).
The court bears a great responsibility when signing a scheduling order which grants this special request, because it directly impacts upon the rights of other litigants. When we review the denial of a continuance in the exercise of the court's discretion under these circumstances, we are mindful of the responsibility which the parties and their counsel assume by seeking and receiving a day-certain status. It is incumbent upon them to lay aside other business, and give priority in their preparation to that which they have asked the court to prioritize.
It would not be proper for a court to deny a continuance as a sanction for unrelated discovery abuse. Griffin Grading and Clearing, Inc. v. Tire Serv. Equip. Mfg. Co., Inc., 334 S.C. 193, 511 S.E.2d 716 (Ct. App. 1999) (sanction should be aimed at the specific conduct of the party sanctioned and not go beyond the necessities of the situation to foreclose a decision on the merits of a case). Nevertheless, in ruling upon a motion for continuance, the court must determine the merits of the moving party's argument, which entails an evaluation of credibility. Certainly a documented history within the case of discovery delay and abuse by a party may be properly considered when evaluating the credibility of that party's claim of surprise and prejudice.
The defendants first claim error in the failure to grant a continuance based upon the change in diagnosed condition of Gabrielle to mental retardation just before trial. As the Hundleys point out, the record does not reflect that Jones and Rite Aid requested a continuance after this change in Gabrielle's d
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