Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

Businessman on life preserver (illustration)

The Padda holding emphasizes the importance of immediately notifying the court of any eleventh-hour unavailability of a key witness at trial.

July 10, 2018
Angela S. Haskins & Allegra Perez - Haight Brown & Bonesteel LLP

In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.

Reprinted courtesy of Angela S. Haskins, Haight Brown & Bonesteel LLP and Allegra Perez, Haight Brown & Bonesteel LLP
Ms. Haskins may be contacted at
Ms. Perez may be contacted at


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