A plaintiff counsel writes in asking for advice:
“Today is July 7th. Trial is July 31. Discovery cut-off was July 1 and expert discovery closes on July 16th. Well, my client sought additional treatment on June 25thwith a neck, back and spine specialist. The results of the visit were provided to me on June 26th and I immediately mailed the results to opposing counsel that day. Now opposing counsel is stating the discovery is after the cutoff and inadmissible and the doctor can’t testify because expert disclosure has passed. I’m really worried about whether I will be able to use the evidence and if so, how I will be able to use the evidence?”
Opposing counsel is blowing smoke at this young lawyer.