The plaintiffs moved under Rules 53.03 and 53.08 of the Rules of Civil Procedure to abridge the time for service of multiple expert reports and to obtain leave to tender expert opinion evidence shortly before trial.
The defendants opposed the late service, arguing prejudice due to the cumulative effect of numerous expert reports served days before the scheduled six‑week trial.
The court held that the late service undermined the purpose of Rule 53.03, which is to facilitate orderly trial preparation through adequate notice of expert opinion evidence.
While the evidence was relevant and probative to significant damages claims arising from a traumatic brain injury, the defendants required a fair opportunity to respond.
Leave was granted to admit the expert evidence, but the trial was adjourned and the defendants were given time to prepare responding expert reports.
