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Civil action for breach of contract. After a pre-trial conference under Rule 118, the court issues a pre-trial order stating: (1) the issues to be tried are breach of contract and damages; (2) documentary Exhibit A and Exhibit B may be admitted at trial; (3) no other documentary evidence will be admitted unless a party demonstrates good cause and obtains the court’s approval; (4) only two witnesses, W1 and W2, are to testify. Two weeks before trial, plaintiff discovers Exhibit C, an email thread relevant to the contract formation, which was not listed in the pre-trial order. Plaintiff moves to admit Exhibit C and to call W3, a negotiator not named in the order. Defendant objects to both Exhibit C and W3 on the ground that they were not included in the pre-trial order. The court must decide:
(a) Identify the controlling doctrine governing the effect of the pre-trial order on the trial.
(b) Assuming the pre-trial order is binding, can Exhibit C and W3 be admitted? Explain the rule and any limits.
(c) If a party seeks to modify the pre-trial order to admit Exhibit C and W3, what is the proper basis and procedure for modification, and what factors should the court consider in ruling on the request?