The court exercised its discretion to abridge the time for late expert reports, finding no uncompensable prejudice.
This endorsement addresses the defendants' arguments that the plaintiff should be unable to call expert witnesses at trial due to late delivery of expert reports, in non-compliance with Rule 53.03(3) of the Rules of Civil Procedure.
The pretrial judge varied an existing timetable and abridged the time for the plaintiff's expert reports under Rule 53.03(4), allowing their admission despite the delays.
The court found no real prejudice to the defendants that could not be compensated by costs, emphasizing that a pretrial judge's discretion under Rule 53.03(4) is not as strictly bound by the "reasonable explanation" criterion as a trial judge's discretion under Rule 53.08(1).
SCJSuperior Court of JusticeAug 2, 2024