The defendants brought a motion part way through this civil jury trial, after the plaintiff’s evidence was complete. All witnesses called by the plaintiff, including experts, had been examined and cross examined, when the defendant sought leave to file a vocational report.

The trial judge denied the motion on the following grounds: it would be unfair and prejudicial to the plaintiff to introduce new expert evidence without notice to the plaintiff, after she and her experts had testified; it was not possible to adjourn the trial as it was being tried by a jury; the plaintiff and her experts had not been cross examined on the topics expected to be addressed in the proposed new vocational report from the defendants.

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