Springing orders in case management prior to trial should only be made as a last resort where necessary to enable the court to fairly determine the substantive dispute, and only where the party has shown contumelious disregard for court orders. The criterion for compliance must be clear and unequivocal and must not require qualitative assessment of the character, efficacy or completeness of the mandated procedural step. Springing orders must be construed strictly, and compliance is assessed by reference to the terms of the springing order itself, not by reference to other orders not expressly incorporated.
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