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P0202 A stay of trial court proceedings issued by the Court of Appeal deprives the trial court of jurisdiction to declare a mistrial that would render the appeal moot; a court should remedy a treating physician's failure to prepare for a deposition by issuing an order directing further discovery on specified terms rather than by granting an eleventh hour motion in limine to exclude opinion testimony by the physician.CitationFATICA v SUPERIOR COURT (Unprepared Expert) 99 CA4 350 [See: Schreiber v Est of Kiser 22 C4 31, T/AT 2/00]
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