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I subpoenaed some documents to be brought to court by one of my witnesses. I did not have them on my exhibit list. Is there a problem? How do I get out of it?
Good evening! I can help you out with your legal question tonight. Is it a motion that is being heard or a trial exhibit list?
It is a hearing before division of hearings and appeals on my crime victim case. It is a contested case hearing. I already had an extension due to medical on the deadline and I forgot to put it on.
I understand. Has the other side seen the documents already and had a chance to review them?
No. Neither have I. They are wage records of employees.
I had some subpoenas the judge signed for me because I'm doing it pro se and I wrote them in the section for documents to bring along.
I just turned my exhibit list in today right at the deadline.
I see, are you sure you want to include them? What if there is something that is not good for your case?
You should be able to supplement your exhibit list since the documents came in so late. You need to bring copies of the documents for the judge and another set for the other side.
That's exactly it. I don't know if I want to include them. But I still want to be able to if I can. And I still want to be sure leaving them off the evidence list doesn't mean he doesn't have to follow the subpoena to bring them.
No, any documents that come up through the course of discovery can be admitted.
You may have to call someone as a witness to validate and authenticate the documents in order for them to be admissible.
Ok. When do I submit them then? At the hearing? Ok, that would be the witness who is bringing the documents.
So discovery isn't closed on the evidence/exhibit exchange date?
Oops witness/exhibit exchange date?
Do it as soon as you get the documents.
Yes, that would be the witness who is bringing the documents. He/she will say where he/she got them and can validate them as authentic.
Ok, so discovery doesn't close at the witness/exhibit exchange date?
Even when discovery closes, courts can allow additional documents in.
Ok. Thank you. So any documents I may obtain between now and the hearing date I should do individually right away, even if I have some coming one day and some a few days later?
Sorry, being a lay person I don't want to upset anyone especially the judge.
You are welcome! Submit them as a group if you can because the judge will get annoyed.
Ok. That sounds good Thank you for your help!
You are welcome! Good luck and have a great night. Please leave me feedback so that I can continue to help others.