I am about to file a Motion in a Civil case to exclude any evidence not produced in Discovery to the date the MSJ was filed. WILL I still be able to file Case Law and Az Rules of Evidence to support my Motion to Preclude evidence? Law & Rules to support Motions ARE or ARE NOT considered EVIDENCE....?
Good evening. I'll be assisting you with your question.
You don't need to file the law and rules, but you should cite them in your motion.
:) I did not cite all of them and want to Supplement my Motion so I can use 'em in the oral argument. Shall I merely name them vs explain them? Andi
You should explain each case and then give the citation. So, you would say: "as the court held in Arizona v. Smith, ..." [citation].
You can file a supplemental brief. It does not matter if it is past the discovery deadline.
hmm I have more Az Rules of Evidence that case law. Shall I merely cite the Rule - not give info, right? I intend to do this in the Supplements HOWEVER, if I file to exclude anymore evidence not disclosed in Discovery will I be preventing my additions mentioned?
No, because the law you are citing is not evidence. You should give the rule and then the citation.
Seems to me I should be able to as I am not presenting evidence I am presenting legal fact....
Correct. Law is not the same thing as discoverable evidence.
OK I will keep it shot & sweet and merely name the Rule - hope the judge knows it! Thanks so much!
Glad to help. Good luck!
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