Office Depot, Inc. v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial judge has broad discretion in deciding whether to permit or exclude witness' testimony; discovery rules should be construed and utilized to avoid \trial by ambush\
• holding that trial judge has broad discretion in deciding whether to permit or exclude a witness’s testimony and that discovery rules should be construed and utilized to avoid “trial by ambush.”
• affirming order granting new trial on basis of surprise where, during trial, expert witness \recanted\ his opinion given during discovery
• affirming order granting new trial on basis of surprise where, during trial, expert witness “recanted” his opinion given during discovery
• expanding Binger principle to hold that allowing the presentation of a witness's changed testimony is tantamount to permitting an undisclosed adverse witness to testify
• Failure to disclose to plaintiff the defense expert's changed opinion that there was no causal relationship between the accident and the injury after he previously opined that there was required a new trial.

Source: CourtListener parenthetical corpus (CC0).