It is less than two weeks before the start of trial and you’re making sure your trial team is well prepared. Your trial notebook is perfectly organized, your witnesses are all lined up to testify, your motions in limine have been filed and you have reviewed prior testimony of opposing counsel’s experts. There should be no more surprises. However, when you walk into your office that morning, you receive an unexpected e-mail from opposing counsel — a new expert report. You think to yourself, “We are six months past the case management expert deadlines. No way is the court going to allow this expert to testify.”
Well, think again, because the answer may shock you.
