Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today. While it is always possible for a Court to "exercise its discretion" and allow a party to extend a hearing due to its own dilatory behavior, generally the rules of court and rules of civil procedure do not allow a continuance on that basis.
Please give me a few minutes to review the Connecticut rules to see if I can find anything more concrete than these general principles, but the answer should be that the Court should tell the plaintiff it must go forward with or without its witnesses as disclosed on the scheduled trial date.
Dear Customer, after a short review I was unable to find additional case law on this subject. Keep in mind that I am working with law from all 50 states and federal laws so I am unable to do case law research for your specific issue. My original analysis however, is a common principle to courts, and the exercise of discretion requires the court to balance the equities of allowing the plaintiff to continue the trial when it was the plaintiff's own fault that it did not present its witnesses as required. I cannot guarantee any result, but many courts do not approve of corporate parties that appear to be "playing games" with the court. The operative language to cite in opposition to these kinds of issues is that the Plaintiff appears to be "wasting party and judicial resources" through their conduct.
I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).