Concerning a 1994 Case [my bold]
On January 28, 13 days before trial, Dempere disclosed Professor Alan Reich as an additional expert witness. Reich would use voice identification expertise to identify the caller on a taped telephone call in support of Dempere’s telephone harassment claim. Nelson objected to the late disclosure of Reich. Dempere argued that the expert should be permitted to testify because she had previously requested the fire investigator to locate a voice expert and the inspector was unable to do so. Dempere stated that she had located the expert by happenstance on the same day she disclosed him as a witness. Nelson opposed the additional witness because of the prejudice of conducting additional discovery, finding countering experts and the attendant delay. The trial court excluded the witness. The jury did not find for Dempere on her telephone harassment claim.