The plaintiffs brought a motion under Rule 39.02(2) of the Rules of Civil Procedure seeking leave to deliver a new affidavit after cross-examinations for use on the defendants’ pending jurisdiction motion.
The court dismissed the motion, finding that the proposed evidence did not respond to matters raised on cross-examination, the plaintiffs provided no reasonable explanation for the delay in tendering the affidavit, and granting leave would cause undue prejudice and delay, contrary to the principles of efficient litigation.
