During a personal injury trial, the plaintiff's counsel brought a motion under Rule 53.01(3) to recall the plaintiff as a witness after new documents were produced during the cross-examination of the plaintiff's family doctor.
The documents, which had not been disclosed prior to trial, contained notes and handwriting suggesting the plaintiff was attempting to manage her medical case.
The court granted the motion, finding that the interests of justice and trial fairness required giving the plaintiff an opportunity to explain the newly produced documents, and imposed restrictions on counsel's communications with the plaintiff prior to her recall.
