Thursday, December 15, 2011

Do I have to submit evidence at this stage?

The respondents lawyers have shown me the docs I have asked for, the court date is set for 27/ 28th April the lawyers have asked me to submit the evidence I am likely to rely on. There has been no court order yet with regards to bundles. Do I have to submit this now, or wait till a court order?|||Read your rules of civil procedure. I suspect that the reason the other side gave up what they did, was because the rules of your state provide for some sort of sanction (such as costs or expenses) if you do not give up discoverable matter voluntarily, without a court order. If you are asking if every state and country in the world operates under the same rules, they do not.|||Where I am for trial, there is a schedule that both sides must follow regarding what documents/evidence they may introduce at trial. This is to allow both sides to either allow or object to an exhibit prior to trial and speed things up. In my state, it's a rule of evidence. I don't know where you are but you don't have use any of the proposed exhibits, but it's done to expedite the proceedings. Otherwise you have to go through all the hoops to get a piece of evidence admitted.|||This will depend on where you are trying the case. In some state all discovery must happen 30 day before the court date and no court order is ever issued. If that is the case you are getting very close to that 30 day period.|||i would wait for the order cause that will give you more time to collect new evidence in the case.and to make sure that you have all evidence and witnesses in order.

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