The Defendant Physicians sought an extension of time to serve three expert reports under Rule 53.03(4) of the Rules of Civil Procedure, which the Plaintiffs opposed, seeking to exclude the reports due to late service.
The court found that the lawyer's inadvertence constituted a reasonable explanation for the delay.
The court also determined that granting leave would not cause uncompensable prejudice to the Plaintiffs or undue delay, noting that liability was always a live issue despite the Plaintiffs' trial preparations.
The motion was granted, extending the time for service of the expert reports, and the Plaintiffs were granted leave to file reply reports.
