The plaintiffs did not object to the order, nor did they produce Dr. Shinstrom for deposition on the appointed day. Dr. Hayes subsequently filed a motion to dismiss. The trial court granted Dr. Hayes's motion, and dismissed the plaintiffs' action. This appeal followed. Dr. Hayes argues that, since he had tried on four different occasions to depose Dr. Shinstrom and since Dr. Shinstrom violated the Superior Court's order mandating that he appear at the deposition, the trial court did not exceed the bounds of its discretion in dismissing the claims.
Liberal discovery is one way to achieve the purposes of the Maine Rules of Civil Procedure.
Employee Staffing of Am. Dr. Hayes attempted to depose Dr. Shinstrom for nearly 28 months. We next consider plaintiffs' conduct throughout the proceedings and the plaintiffs' bona fides in failing to comply with the discovery rules. Other than the assertion that Dr. Hayes could have deposed Dr. Shinstrom in Washington State, the record is devoid of any evidence regarding the conduct of the parties over the years. The trial court could have concluded that plaintiffs' conduct throughout this litigation has been contemptuous of the discovery rules.