important. And I would just, again for the record, want
to point out that, in our earlier discussion with the
motion for summary judgment, [opposing] counsel did
state that he plans to put on record of extensive interac-
tions between the property manager and my client. My
discovery motion was narrowly tailored and specifically
asking about interactions between my client and the
property manager or the property manager and the case
manager, which seem very relevant to the trial. My
client is entitled not to have a trial by surprise, and
tend to anticipate what the testimony will be and to be
able to respond, and I do feel that, by going forward
without having that discovery, which again . . . was
narrowly tailored, he had the opportunity to object to
it, really disadvantages my client.’’
After the court denied the defendant’s motion for a
continuance, the defendant then sought permission
from the court to file a motion to preclude undisclosed
evidence and testimony. After counsel for the plaintiff
expressed that he felt ‘‘sandbagged’’ by the defendant’s
motion in that it was being filed on the day of trial,3
3
The following colloquy ensued:
‘‘[The Defendant’s Counsel]: Before we move forward, Your Honor, I do
not mean to be overly litigious, but I do have one more motion that I would
like to file prior to going to trial. It is a motion to preclude undisclosed
evidence and testimony. I would ask that I be allowed to file that motion
and, if you deny it, to have it on the record.
‘‘The Court: Why didn’t you file that?
‘‘[The Defendant’s Counsel]: Well, I was in—I have it prepared. . . . I did
not feel this motion was appropriate, given the pending motion for summary
judgment and then the pending motion for [a continuance]. . . .
‘‘The Court: But, counsel, you did know that, if the motion for summary
judgment was denied, that you were going to trial today.
‘‘[The Defendant’s Counsel]: Well, I did not know . . . because I had filed
the motion for [a continuance] and that was pending.
‘‘The Court: But you didn’t file that until this afternoon.
‘‘[The Defendant’s Counsel]: Because there would not have been a need
for a motion for [a continuance] if the motion for summary judgment
was granted.
‘‘The Court: Correct. But attorneys do it all the time in the abundance of
caution if . . . my motion for whatever gets denied, I also have these other
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