The following excerpt is from U.S. v. Shen, 108 F.3d 1387 (9th Cir. 1997):
(3) the extent to which waiver of the rule against calling unlisted witnesses would disrupt the orderly and efficient trial of the case or cases in the court;
(4) the bad faith or willfulness in failing to comply with the court's order.
See Price v. Seydel, 961 F.2d 1470, 1474 (9th Cir.1992).
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