Eloy Industrial Engines v. R.B. Enterprises

OPINION

HOWARD, Presiding Judge.

In this case we are presented with a question which was left unanswered in Ace Automotive Products, Inc. v. Van Duyne, 156 Ariz. 140, 750 P.2d 898 (App.1987). The question is this: when a person fails to timely file a list of witnesses and exhibits as required by Rule V(a), Uniform Rules of Practice of the Arizona Superior Courts, does the trial court abuse its discretion when it refuses to allow that party to present the testimony of witnesses which have been listed by the other party on its own list of witnesses filed pursuant to the rule? We hold that it does.