prejudice or any basis for sanctions which included the striking of Kamhi’s answer, entering a default or preventing Kamhi from presenting evidence or testimony at trial. At no time did the court make any findings that Kamhi consciously and deliberately disregarded the trial court’s order to submit her witness and exhibit lists or that she acted in bad faith. Moreover, her failure to timely comply with the court’s order was more a failure by her attorneys. In each instance, Kamhi was still represented by counsel when she failed to timely serve her witness and exhibit lists. Id. at 1036-37 (emphasis added[) deflations omitted). Weinberg, 121 Hawai'i at 435-37, 220 P.3d at 298-300. The IGA also discussed, inter alia, Maddox v. Stone, 174 Md.App. 489, 921 A.2d 912, 919-21 (Spec.App.2007) (<HOLDING>) and Long v. Steepro, 213 F.3d 983, 986 (7th
holding the master shall consider the following factors in deciding whether to grant relief from an entry of default 1 the timing of the motion for relief 2 whether the defendant has a meritorious defense and 3 the degree of prejudice to the plaintiff if relief is granted holding that in determining whether a discovery violation warrants the sanction of exclusion of evidence a court must look to whether the violation was substantial the timing of the violation the reason for the violation the degree of prejudice to the parties whether such prejudice may be cured by a postponement and the desirability of a continuance holding that in selecting a proper discovery sanction a court should typically consider 1 the reasons the government delayed producing requested materials including whether the government acted in bad faith 2 the extent of prejudice to defendant as a result of the delay and 3 the feasibility of curing the prejudice with a continuance holding that violation of state law was not a per se constitutional violation holding that when determining prejudice under the objective test relevant considerations include 1 whether the extrinsic evidence was received by the jury and the manner in which it was received 2 whether it was available to the jury for a lengthy period of time 3 whether it was discussed and considered extensively by the jury 4 whether it was introduced before a jury verdict was reached and if so at what point during the deliberations and 5 whether it was reasonably likely to affect the verdict considering the strength of the governments case and whether the governments case outweighed any possible prejudice caused by the extrinsic evidence