Maximizing Likelihood of a Decision
Rule 26.1(b) provides that, if a party first discloses information later than sixty days before trial, it must have leave of the court to extend the time for disclosure.
the use of the evidence, remembering the goal of "maximizing the likelihood of a decision on the merits." Allstate Ins. Co. v. O'Toole, 182 Ariz. 284, 287, 896 P.2d 254, 257 (1995).
It may consider the parties' diligence, the reason for the late disclosure and whether there will be prejudice from the use of the evidence. Id. at 288, 896 P.2d at 258.