In a coverage dispute arising from a judgment against a trust company, the defendant insurers sought to introduce additional evidence shortly before the hearing of a summary judgment motion after changing counsel.
The court considered whether the evidentiary record could be reopened to permit new affidavits, discovery answers, and documentary material.
The court held that a late change of counsel does not entitle a party to revise litigation strategy or add evidence contrary to established timetables and prior procedural orders.
Absent a satisfactory explanation for failing to include the evidence earlier, leave should not be granted.
The court permitted only a publicly available judicial endorsement already agreed to by the parties and refused all other proposed additions to the record.
