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Fontanari Parcels GVC Job No. 4,106, consisting of 71 pages with appendices <br />(the "GVC Report") <br />6. The Walter and GVC Reports disclose, for the first time, the opinions of their <br />respective authors concerning the sufficiency and appropriateness of the <br />investigations of Huddleston -Berry, and Fugro, and the repair and reclamation plans <br />proposed by Stover and Huddleston -Berry as part of TR -69. <br />II. ARGUMENT <br />A Legal Standards <br />C.R.S. § 24-4-105(4) and (7) provides the MLRB with wide discretion in the <br />administration of the Formal Hearing, including the admission of evidence. To that end, <br />SCC asks MLRB to consider C.R.C.P. 37(c)(1), which is utilized by Colorado District <br />Courts, and authorizes those courts to impose sanctions for violation the expert disclosure <br />requirements of C.R.C.P. 26(a)(2)(13)(1). Specifically, C.R.C.P. 37(c)(1) provides that "[a] <br />party that without substantial justification fails to disclose information required by C.R.C.P. <br />Rules 26(a) or 26(e) shall not, unless such failure is harmless, be permitted to present any <br />evidence not so disclosed at trial or on a motion made pursuant to C.R.C.P. 56." C.R.C.P. <br />37. Where a party fails to timely endorse an expert witness, as required by C.R.C.P. <br />26(a)(2), and the failure is not either substantially justified or harmless, the court acts within <br />its discretion when it precludes the expert from testifying. See Todd v. Bear Valley Vill. <br />Apartments, 980 P.2d 973, 978 (Colo. 1999). <br />The self-executing nature of C.R.C.P. 37(c) "recognizes that consistent enforcement <br />of sanctions is an essential component of an effective case management system and is <br />necessary not only to punish discovery violations in particular cases but also to deter <br />3 <br />