with whom MATTHEWS, Chief Justice, joins dissenting.
I dissent from the court’s holding that the superior court abused its discretion in denying Bostic’s motions for a mistrial or, in the alternative, for an order precluding Elizabeth Scollan from testifying.
In regard to a party’s failure to comply with a discovery rule, or order issued pursuant thereto, Criminal Rule 16(e)(1) provides,
If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with an applicable discovery rule or order issued pursuant thereto, the court may order such party to permit the discovery of material and information not previously disclosed or enter such other order as it deems just under the circumstances.1
The superior court held that any problems arising from the state’s failure to disclose its intent to call Elizabeth Scollan as an expert witness could “be resolved by postponing Scollan’s testimony until Bostic’s counsel had an opportunity to prepare for cross-examination and by allowing any additional time necessary for Bostic to retain his own expert.” Bostic v. State, 772 P.2d 1089, 1091-92 (Alaska App.1989). The record indicates that the superior court unambiguously informed Bostic’s counsel that he could request additional time to prepare for cross-examination of Scollan, as well as the opportunity of securing a defense expert. On the day following the superior court’s articulation of these options, Bostic’s counsel indicated that he had interviewed Scollan and had decided against obtaining his own expert. Defense counsel declined to request a continuance. Instead Bostic’s counsel moved for an order precluding Scollan from testifying and, in the alternative, for an order declaring a mistrial. As the court of appeals notes,
Judge Saveli declined to grant a mistrial or to preclude Scollan’s testimony, finding no basis for concluding that Bostic had suffered any prejudice that could not be cured by a continuance for additional preparation.... Accordingly, the judge ruled that the state would be allowed to call Scollan, either in its case-in-ehief or on rebuttal. In response to the court’s ruling, the state withdrew Scollan as a witness in its case-in-chief and indicated that it would rely on her only as a rebuttal witness.
*350Id. at 1092. Given this record, I conclude that the superior court did not abuse its discretion in permitting Scollan to testify and in denying Bostic’s request for a mistrial. Although the prosecutor’s discovery violation was intentional, his failure to disclose the identity of Scollan, an expert witness, was a consequence of his good faith-mistaken belief that he was under no obligation to disclose the identity of any expert rebuttal witnesses.2 Study of the record fully supports the court of appeals’ rejection of Bostic’s claim that a continuance would not have cured any prejudice stemming from the state’s discovery violation. In declining a continuance, defense counsel emphasized that “he had planned Bostic’s defense on the assumption that the state would not be presenting expert testimony and that, by the time he was informed that the state intended to call Scollan, he had already irrevocably committed himself to the originally planned defense.” Id. at 1092.3 In regard to this claim of prejudice, the court of appeals correctly concluded that,
Although Bostic has repeatedly complained that he had already suffered irreparable prejudice by the time he learned that the prosecution intended to call Scollan as an expert witness, Bostic’s complaints have been wholly conclusory. Both below and on appeal, Bostic has failed to point out any irreversible strategic choices that he made prior to receiving notice of the state’s intent to call Scollan. Nor has Bostic specified any way in which he relied to his detriment on the assumption that no expert would be called by the state.
In permitting Scollan to testify, the trial court considered and rejected as unsubstantiated Bostic’s repeated assertions that the untimely notice resulted in irreparable damage to his case. We are unable to conclude that the trial court’s decision was clearly erroneous.... [0]ur review of the record currently before us fails to reveal any basis for Bostic’s claim that a continuance would not have cured the prejudice stemming from the state’s discovery violation. Accordingly, we hold that the failure to provide appropriate pretrial discovery did not require preclusion of the disputed testimony.4
Id. at 1095.
It is clear that Bostic had no right to prevent Scollan from testifying. The only right implicated here is Bostic’s discovery right to notice in advance of trial that the state intended to call Scollan as an expert witness. Such advance notice affords defense counsel the opportunity to prepare cross-examination of the witness as well as the opportunity to obtain expert witnesses *351for the defense. Here these interests were adequately accommodated by the superior court’s offer of a continuance.
On the other hand, the majority reasons,
A continuance, ordinarily the appropriate remedy for a discovery violation, may not be an adequate remedy in this case. Ms. Scollan was called to rebut a position advanced by Bostic in cross-examining the state’s witness (to wit, that his daughter had fabricated the incident). In so doing, Bostic committed himself to a theory of the case without being put on notice not only that his theory would be rebutted by expert testimony, but that it would be rebutted by someone with whom he had a privileged relationship.
Bostic, 772 P.2d at 1094 (citation and footnote omitted). In my opinion, the majority uncritically accepts a totally unfounded assertion of prejudice. Bostic’s counsel had no right to expect that, as part of his trial strategy, his cross-examination of the victim (attacking her veracity) would go unchallenged by the state. In short, no impairment of an irreversible strategic defense has been shown. The fact that Bostic’s cross-examination of the victim was rebutted by an expert witness who had previously had a privileged relationship with Bostic is irrelevant, since no privileged communication between Bostic and Scollan was revealed during the course of the latter’s testimony.
One final observation. Assuming ar-guendo that the burden of proving lack of prejudice properly rests on the state, I conclude that here the state has met its burden. On the other hand, I note my disagreement with the majority’s adoption of a rule which requires (i) that the party who has violated Criminal Rule 16 demonstrate the absence of prejudice to the opposing party, and (ii) that in resolving questions of prejudice the court will presume prejudice to the non-offending party. No compelling reasons have been advanced in support of adoption of this new approach, which I take it would apply to negligent, as well as good faith-mistaken violations of Criminal Rule 16, and orders entered pursuant thereto.5
. In Williams v. State, 600 P.2d 741, 742 (Alaska 1979), we said in part: "The appropriate remedy for a violation of Rule 16 is within the trial court’s discretion. Exclusion of the evidence is simply one alternative available to the court.” Of importance to the disposition of this case is our further observation in Williams that,
We have previously noted that the prosecution's failure to produce evidence as required by Rule 16 ordinarily entitles the defense counsel to a continuance. Stevens v. State, 582 P.2d 621, 624 n. 9 (Alaska 1978); Des Jardins v. State, 551 P.2d 181, 187 (Alaska 1976). William's counsel was asked what relief he sought, and although he asked that the evidence be suppressed, he did not request a continuance. By failing to request a continu-anee at the time he waived any right to such a remedy. See, Scharver v. State, 561 P.2d 300, 302 (Alaska 1977); Kristich v. State, 550 P.2d 796, 799-800 (Alaska 1976).
Id. at n. 3 (parentheticals omitted). Rule 16(d)(2) of the Federal Rules of Criminal Procedure provides,
If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.
. I take issue with the court’s determination that the prosecutor’s belief cannot be characterized as innocent. The majority’s basis for this conclusion is that "the undisclosed witness, Scollan, was involved in a privileged relationship with Bostic concerning his prior abuse of his daughter.” The record shows that Scollan’s testimony was offered in response to Bostic's impeachment of both the victim as well as his wife. In this regard, the state apprised the court and defense counsel that Scollan’s testimony "would not entail problems of privilege because Scollan would testify only about general characteristics of sexually abused children and would not be asked for information derived from her counseling relationship with Bostic or his family." Bostic, 772 P.2d at 1091. Given this proffer, I fail to see how the prosecutor’s belief that he was not required to disclose the identity of expert rebuttal witnesses can be characterized as other than an innocent mistake.
. Professors LaFave and Israel note that a defendant "... will not be allowed to base his claim of prejudice on speculative theories as to how his trial tactics might have differed if he had been given earlier notice of the prosecution’s evidence.” 2 LaFave and Israel, Criminal Procedure § 19.3 at 504 (1984) (citing Hawley v. State, 614 P.2d 1349 (Alaska 1980)).
.Professors LaFave and Israel write, "The preferred remedy, at least where the prosecutor acted in good faith, is to order immediate compliance and offer the defendant a continuance so that he can take advantage of delayed discovery.” 2 LaFave and Israel, Criminal Procedure, § 19.3 at 503 (citing Williams v. State, 600 P.2d 741 (Alaska 1979)). More significantly, LaFave and Israel observe, "Some courts view the offer of a continuance as the acid test for determining whether prejudice exists under most circumstances. If the offer is made, and the defendant refuses, that is taken as strong evidence that there was not prejudice." Id. at 503 (citing Williams v. State, 600 P.2d 741 (Alaska 1979); State v. Lewis, 632 P.2d 547 (Alaska App.1981)).
. Bostic also asserts that the superior court erred in denying a mistrial based on Scollan's reference to matters covered by a protective order. Prior to Scollan’s testifying, the superior court instructed the witness as to the distinction between background testimony concerning the sexual abuse of children, and impermissible case-specific diagnostic testimony. The superi- or court also cautioned Scollan not to refer specifically to the victim when giving general background information. Despite this warning, Scollan at one point referred to a statement that the child had made while testifying.
On the basis of my study of the record, I conclude that the superior court did not abuse its discretion in denying Bostic's motion for a mistrial. The superior court’s immediate cautionary instruction more than adequately remedied this single reference by Scollan to the victim. See, e.g., Hines v. State, 703 P.2d 1175, 1178 (Alaska App.1985); Preston v. State, 615 P.2d 594, 603-04 (Alaska 1980); Roth v. State, 626 P.2d 583, 585 (Alaska App.1981) (prompt cautionary instructions such as those given in the present case are ordinarily presumed to cure any error stemming from the violation of a protective order).