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Re: Robert from yahoo bd post# 699394

Tuesday, 10/26/2021 10:16:21 AM

Tuesday, October 26, 2021 10:16:21 AM

Post# of 797308
Robert, IMO that phrasing is more of a procedural ‘catch-all’. If new material evidence arises at trial, P can then still request that their remedy be reconsidered or reconciled to this new evidence.

But, speaking from experience, sadly the catch-all is most notable when Ps *forget* to use it; because in that particular case, Ds can take advantage of Ps omission & object to Ps in-discovery or trial motion to reconsider remedy. And the judge IMO will agree with D.