The plaintiffs brought a motion under Rule 39.02(2) of the Rules of Civil Procedure for leave to deliver a supplemental expert report after cross-examinations had been completed for an upcoming summary judgment motion.
The plaintiffs discovered alleged structural defects in a sunroom addition after delivering their responding motion record but before cross-examinations.
The court applied the four-part test for granting leave, finding the evidence relevant, responsive to matters raised on cross-examination, and not causing non-compensable prejudice.
The court granted leave to file the supplemental report and dismissed the plaintiffs' request to strike a statement produced by the defendants in response to an undertaking.
