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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.
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