Cancellation Rule Applied After Party Fails to Supplement Discovery Responses
Application of the cancellation rule can devastate a case. Here is the rule as stated in Farber v. Nucsafe, Inc., No. E2022-00428-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2023): Under Tennessee’s cancellation rule, “contradictory statements by the same witness regarding a single fact cancel each other out.” Helderman v. Smolin, 179