I filed a trust petition that was set for trial. In exchanging expert witnesses, the trustee stated he did not intend to present an expert witness. The matter was then consolidated with the trustee's accounting and a new trial date set. The trustee has now disclosed an expert witness. Is this allowable since the case was consolidated, or is he bound by his initial disclosure that there is no expert witness.
Answer
Unfortunately, this is a very technical procedural question and it is impossible to answer without reviewing the file, the applicable Local Rules and any Trial rules for the judge assigned to your case. The question is whether in assigning a new trial date the judge re-opened the window for expert disclosure.
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