The applicant brought a motion to reopen the evidentiary portion of the trial to admit two documents concerning loans made to relevant corporations.
The documents were in the parties' possession prior to and throughout the trial.
The court dismissed the motion, finding it was a collateral attack on a prior order that permitted a pleading amendment but expressly prohibited further trial evidence.
The court also held that issue estoppel applied and that the marginal probative value of the documents was outweighed by the prejudice of further delay and expense.