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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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Thank you! Just for background... is there a "Florida Rule"

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Thank you! Just for background... is there a "Florida Rule" or FL judicial admin rule that you could point me to (if there is one) that would pertain to a party's ability to enter relevant documentation to support opposition to the motion at such a hearing as this?
I know of no "rule" that would require an attorney to continue on a case if he or she wants to withdraw. I'm not certain what type of evidence you may have that would convince a court to force an attorney to remain on a case, especially in a civil matter. Sometimes criminal attorneys are required to continue once they have accepted an appointment but it is highly unusual that a court will require a civil lawyer to continue in his or her employment since it violates the 13th Amendment to the Constitution to force anyone to work against their will. So there would be no rule that would require this. As far as presenting evidence that is under all the evidentiary rules which are very complicated but in general require the evidence to be relevant to the case and not be hearsay.
Customer: replied 3 years ago.

oops I don't think I was clear. I was not looking for a rule to compel attorney to continue... I meant a rule that allows relevant documentation "evidence" to be submitted at a hearing (as you had mentioned it could be the judge's "discretion" as to whether to allow a document "into evidence" so i just wondering what the rules say or where rules of evidence are located in the Florida rules that would most pertain to being able to offer documentation as evidence at the hearing. I hope this is more clear. Thank you!

The rules of evidence would allow the presentation of evidence at any hearing to support whatever position you may have if it is an evidentiary hearing. If it is something like an appeals hearing where it is a matter of legal argument then evidence would not be taken from either side. So the best way I can explain it is if there is going to be sworn testimony then there should also be supporting evidence permitted but if there is no testimony being taken in the hearing then there would not be any evidence admitted since there would be no testimony to verify the accuracy or validity of the evidence. This isn't a Florida rule but simply the way evidence is presented in any court.
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