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Don’t Count the Witnesses Before They’re Called–A Return to Trial By Ambush?

In litigation, case schedules contain not just dates but deadlines that must be met—or they used to.  Among other things, the case schedule typically sets pre-trial discovery deadlines and requires parties to identify trial witnesses by a set date.  Witnesses not timely disclosed can be excluded from trial absent good cause shown by the disclosing party.[1]  The effect of ...

In litigation, case schedules contain not just dates but deadlines that must be met—or they used to.  Among other things, the case schedule typically sets pre-trial discovery deadlines and requires ...