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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37952
Experience:  Retired (mostly)
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Consumer debt law. The debt collecting agency has filed

Customer Question

Consumer debt law. The debt collecting agency has filed evidence after the date set by the judge (March 31, 2015) for discovery has ended. Which laws/statutes should I use to make the evidence inadmissible and the steps/language/forms needed to file with the court to have the evidence deemed inadmissible?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

I'm a bit confused by your question. You say that the plaintiff has "filed evidence" after the discovery cutoff date.

1. What was the purpose of the filing (e.g., was it ordered by the court, submitted as part of a motion for summary judgment, etc.)?

Thanks in advance.

Customer: replied 1 year ago.
Hi, thank you for your question in order to better understand my needs.I'm currently being sued by a debt collector. Previously we were given a 30 day window for them to provide me with any pertinent documents that would provide evidence for their case. They neglected to provide any additional evidence inside this window. Which from what I understand makes the most recent evidence submitted inadmissible. The evidence exhibits provided are statements from the alleged creditor account and the transfer of debt documents.They were not ordered or requested by the court to submit this evidence at this time (they had been ordered to for the discovery portion but did not submit any documents before the judge ordered deadline of March 31, 2015) and they are not a part of any other filed motion. There is also an affidavit from a creditor employee. From what I see they are submitted only as evidence for the trial.Also they have submitted the documents with less than 10 days until the trial date.I apologize for not communicating this more clearly in my original question. Thank you for any help you can provide.
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

You would request a case management conference and present a "motion in limine," pursuant to Fla. R. Civ. P. 1.200. You present evidence that the plaintiff's evidence is in violation of the court's scheduling order and ask that the court disallow all of that late-filed evidence. Presumably, if the evidence really is late, and the court provided a previous deadline, then the judge will have no alternative other than to grant your request.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Do you need any clarification concerning this issue, or is everything satisfactory at this point?