...) (citing Lyle, 746 S.W.2d at 699). One possible sanction is exclusion of expert witness testimony. "The rules of discovery exist, in part, to prevent 'trial by ambush.' Expert t...expert witnesses he may call at trial. This designation shall be accompanied by supplemental interrogatory answers and/or expert witness disclosure information setting forth the information required...should only be excluded when there would be 'unfair surprise or trial by ambush.'" Stanfield v. Neblett, 339 S.W.3d 22, 31-32 (Tenn. Ct. App. 2010) (internal citation omitted...

...rules of discovery exist, in part, to prevent 'trial by ambush.' Expert testimony should only be excluded when there would be 'unfair surprise or trial by ambush...failing to make her expert available for deposition within the time set by the trial court's scheduling order. Appellant moved for amendment of the scheduling order and for continuance of the trial date...other hand, are not prejudiced at all by continuing the trial date. To the contrary, they benefit from the ability to depose [Appellant's] expert without the trial looming over them...

...of Rule 193.6 are threefold: (i) to promote responsible assessment of settlement, (ii) to prevent trial by ambush, and (iii) to give the other party the opportunity to prepare rebuttal to expert testimony...evidence to reasonably assess settlement, to avoid trial by ambush, and to prepare rebuttal to expert testimony. Id. Here, it is undisputed that the information was not timely...demonstrate the absence of unfair surprise or prejudice. Indeed, there is nothing to suggest that Defendants had enough evidence to reasonably assess settlement, avoid trial by ambush, or prepare rebuttal to expert...

...). The purpose of the timeliness requirement is twofold: to allow the offering party "an opportunity to cure any defect" and to prevent "trial and appeal by ambush." Id. (quoting same...requirements of Maritime Overseas v. Ellis by moving to strike and exclude Dr. Friedman's testimony, both before trial began and during trial, on the grounds that his expert testimony was not reliable.... There was no trial by ambush, and there has been no appeal by ambush. See Kerr-McGee Corp., 133 S.W.3d at 251...

...held by experts and the substance of their testimony is to prevent trial by ambush and surprise; therefore, "Discovery of expert opinion must not be allowed to degenerate into a game of evasion...." Plaintiff's claim was predicated on evidence that the switch manufactured by Square D was defectively designed. At trial, plaintiff's expert, Briggs, testified that three defects existed...will be furnished later." The name of the expert was not furnished until the morning of the trial and on the second day of trial the expert was presented as a witness. Upon objection by defendant, the...

...from having its own expert investigate cause of fire); Barker v. Bledsoe, 585 F.R.D. 45 (W.D. Okla. 1979) (to avoid trial by ambush, court is...expert to testify about destroyed evidence which the opposing party is unable to test may result in trial by ambush which cannot be cured by a jury instruction. Accordingly, we conclude that where a party ...that in the appropriate circumstances, a trial court may remedy the prejudice from such destruction by dismissing the case or excluding testimony about the evidence, we reverse and remand for a...

...to prevent trial by ambush. Because the Lindleys designated their expert witnesses more than sixty days prior to trial, such untimely designation did not constitute an "ambush" of the Defendants...trial court entered a scheduling order (the "Order"), which required the Lindleys to designate their expert witnesses by December 15, 1993. The Order specifically stated, "[n]o additional experts will...ref'd n.r.e.). Texas Rule of Civil Procedure 215(5) governs sanctions for failure to respond to or supplement discovery. "The purpose of Rule 215(5) is to prevent trial by ambush...

...expert testimony of the engineer. Plaintiffs counsel complained that "this is the classic trial by ambush on the part of defense counsel." Counsel further asserted that the expert's testimony regarding...effectively prepare for Gambardella's cross-examination, or to rebut the testimony by engaging his own expert. This was classic "trial by ambush." As indicated, Gambardella's testimony was flawed and his.... The trial court properly exercised its discretion in denying plaintiffs application to preclude TBTA from introducing the expert testimony of a professional engine...

..., 67 L.Ed.2d 344 (1981). Thus, in this case, there was no trial by ambush, and Fed.R.Civ.P. 8(c) merely gives Marino a hook on which to hang his appeal, albeit unsuccessfully. ..., performed by appellee's expert after his deposition, which results contradicted his deposition testimony, assured a trial by ambush when the expert was permitted to testify to them...surprised and prejudiced by this testimony, that the combined effect of these errors unfairly changed the course of the trial, affecting the outcome, and constituted "trial by ambush...

...to grant a new trial were both motivated by a fear of "trial by ambush." The characterization of Dr. Theofilos as a fact witness or an expert witness was not dispositive. Thus, the issue in this a..."trial by ambush," and the court excluded that portion of Dr. Theofilos's testimony. After the jury determined that appellee sustained no permanent injury, appellee filed a motion for...issue presented in this appeal is whether the trial court abused its discretion by ordering a new trial to permit appellee to present witness testimony that had been excluded by the court during trial...

...conduct the liability [and economics] portion[s] of this trial by ambush." Doc. 21 at 11. Such an argument would be well-taken if this case was set for the December 2010 trial term. However, Plaintiff provides no s...Plaintiff is amenable — does not. As a result, Plaintiffs' argument that he will be prejudiced by a "trial by ambush" are unavailing. Plaintiff also contends that a retroactive extension of the...a full four months before trial would result in a "trial by ambush." Further, Plaintiff fails to address why...

...Mancorp engaged in a trial by ambush and that Othold's testimony caused the rendition of an improper judgment. According to Culpepper, the trial court should have excluded Othold's...court of appeals reformed the trial court's judgment by reducing Mancorp's recovery by $2000, and affirmed the judgment as reformed. 781 S.W.2d 618...to offset the trial court's judgment by an additional $2000 because Mancorp allegedly breached its express warranty that its work would be of good quality and free of defects, in violation of the...

...prepared it, and two days after Mr. Antonacci's deposition was taken by Plaintiff. Defendant did not produce this Supplemental Expert Report to execute "trial by ambush" tactics, but rather as a response t...the orderly and efficient trial of the case, as it forwards no novel assertions that were not already discussed in the original Expert Report authored by Mr. Kyper. Defendant did not act in bad faith or...the instant motion. By joint motion of the parties, the Court extended discovery deadlines, ordering fact discovery to be completed by October 14, 2011, and expert discovery to be completed by November...

...exclusion of that evidence. Lawson basically argues that Dr. Branton's proposed testimony as to custody was trial by ambush since the expert was asked to elaborate on her report of December 8, 1997...). A trial judge must have some discretion in judging whether the answers are sufficient so as to prevent "trial by ambush" or effective cross-examination, but the entire case is not required to be contained in the...testify. The jury returned a verdict for the defendants, and we reversed, holding that it was "trial by ambush" because the plaintiff had not been put on notice of the new theory of the first defense expert or...

...prevent trial by ambush and surprise; therefore, `discovery of expert opinion must not be allowed to degenerate into a game of evasion'." [Citing...response, in this case we cannot overlook two important facts: Mrs. Scafidel's own expert had a copy of the tissue slices well in advance of trial, and prior to their receipt by Dr. Burrow. Moreover...problems, ultimately resulting in the hysterectomy. The issues presented on appeal concern alleged violations of pretrial discovery rules regarding expert testimony admitted at trial...

...purpose of expert disclosures is to avoid trial by ambush and to promote effective cross examination of expert witnesses. See Reese, ¶ 32; Sharbono, ¶ 12. We also recognize it is not...care by either using incorrect scissors or by using the correct scissors improperly. ¶4 The Complaint and Demand for Jury Trial filed April 24, 2018 alleged "[Augustine] was...make expert disclosure on or before June 5, 2020, and Defendant to do so on or before June 19, 2020. By stipulation, which was approved by the Court, these deadlines were extended to August 6, 2020...

...photographs were presented as evidence at his trial also undermines Williams's claim of “trial by ambush.” In fact, he had an expert review the photographs in 1999 to support a separate claim that his...penalty phase of Williams' trial. Williams' counsel objected, claiming lack of notice and authentication. I directed the parties to confer on the matter and, if necessary, file motions. The respondents now...' penalty phase trial, the respondents do not need to establish an independent basis for their admissibility in order for me to include them in my...

...and Jackson HMA and render judgment in their favor. II. Dr. Cleveland and Trial by Ambush A. Requirement to Disclose Changes in Expert Opinions...expert to testify about undisclosed changes in his opinion. Id. at 759 (¶ 36). As the supreme court emphasized, “We do not condone trial by ambush.” Id. ¶ 32. In Hyundai Motor,...must be disclosed before trial to prevent “trial by ambush” with medical theories the defendant doctor is not prepared to meet. ¶ 3. We are faced with a plaintiff's verdict in a...

...to avoid trial by ambush and to promote effective cross examination of expert witnesses." Higgins ex rel. E.A., ¶ 11. Here, Huelskamp disclosed Paul's report over 13 months prior to trial and...for trial for May 6, 2020, with the deadline for disclosing expert witnesses on February 25, 2020. Initially, Huelskamp did not intend to present an expert witness. On April 3, 2020, because of the...vacating the expert disclosure deadline. In September 2020, over one year before the trial, Huelskamp disclosed an expert witness, Shawn Paul (Paul). In the interim of rescheduling the trial, Olds filed...