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that we consider dismissal an appropriate sanction. The pretrial
order stated:
If any unexcused failure to comply with this Order
adversely affects the timing or conduct of the trial,
the Court may impose appropriate sanctions, including
dismissal, to prevent prejudice to the other party or
imposition on the Court. * * *
Before the trial of this case, we examined petitioner’s
complaints about pretrial proceedings in a lengthy hearing on his
motion for continuance. There petitioner demonstrated that, 2
months before trial, he may have encountered some difficulty in
determining which attorney would handle the case for respondent.
This difficulty, however, did not prejudice his preparation of
the case. Petitioner has also contended that his preparation was
impaired by having to receive physical therapy twice a week
before the trial of this matter. Again, we determined that he
has shown no prejudice to his preparation of his case because of
these treatments.
We reaffirm our conclusion to that effect.
C. Quashing the Subpoena
Petitioner has also questioned the Court’s granting of the
motion to quash his subpoena issued to Ms. Chervin, counsel for
Kidder Peabody in the District Court proceedings that petitioner
instituted. Ms. Chervin sought to quash the subpoena, asserting
in an affidavit that petitioner had failed to provide the fees
and mileage required by Rule 148. She further averred that she
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