B.M. Co. v. Avery (2001)

In B.M. Co. v. Avery, 2001 Guam 27, the Court held that the trial court abused its discretion when it failed to permit the testimony of two expert witnesses who were disclosed only two weeks before trial. In B.M. Co., the Court outlined the following factors in ascertaining whether a trial court has abused its discretion in excluding a witness: (1) the prejudice or surprise in fact of the party against whom the excluded witnesses would have testified, (2) the ability of that party to cure that prejudice, (3) the extent to which waiver of the rule against calling unlisted witnesses would disrupt the orderly and efficient trial of the case or of other cases in the court, and (4) bad faith or willfulness in failing to comply with the court's order. B.M. Co., 2001 Guam 27 at P24. In addition to the above factors, the importance of the underlying testimony that a witness has to offer is another factor that the court considers. Id.