STORY FROM: MDL Mass Tort & Class Action Monitor

Court May Not Bar Expert Witness Solely Due to Missed Deadline, Ga. High Court Rules

ATLANTA — The Georgia Supreme court has ruled that a trial court may not exclude an expert witness solely because the witness was identified after the deadline set in a scheduling, discovery, and/or case management order.

In a Feb. 10 opinion, the court further held that when a trial court exercises its discretion in a civil case to determine whether to exclude a late-identified witness, it should consider “the explanation for the failure to disclose the witness, the importance of the testimony, the prejudice to the opposing party if the witness is allowed to testify, and whether a less harsh ...

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