Lewis v. Samson

{71} I agree that a new trial is required because of the district court’s refusal to permit Plaintiff to call Penny Griner as a witness. This case is different from Reaves v. Bergsrud, 1999-NMCA-075, 127 N.M. 446, 982 P.2d 497. In that case we recognized that when a district court orders a deadline for disclosure of witnesses, particularly expert witnesses, the district court has broad discretion to refuse to grant relief from the deadline. See id. Trial judges must be permitted to control such matters to keep litigation from getting out of hand. But here, Plaintiff disclosed Griner as a…