Allstate Insurance Co. v. O''toole

ZLAKET, Justice. The issue here is whether, under Rule 26.1(c) of the Arizona Rules of Civil Procedure, a trial court must automatically exclude witnesses and exhibits where no good cause for their late disclosure has been shown. In September 1992, respondents Daniel and Doreen Korman filed a complaint against his employer, Allstate Insurance Company, for wrongful termination and breach of contract. The Kormans' original attorneys withdrew from the case in late December without having answered Allstate's request for production of documents. The parties, however, stipulated to an extension of time so that the Kormans could find new counsel. The stipulation provided that the case was to proceed ""without limitation"" after February 9, 1993, whether or not they were represented by that date. The Kormans signed this document, which was entered as a court order on January 8, 1993.