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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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In a civil case can the defense bring up a matter that has

Customer Question

In a civil case can the defense bring up a matter that has not been previously entered that the petitioner is not aware of?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Did the plaintiff serve the defendant with any requests for discovery? Was the matter in question being used as a defense or counterclaim? If not, how it is relevant? What state are you in? Also, did the defendant file a response to the lawsuit?

Customer: replied 1 year ago.
No request for discovery I am trying to enter a just thought of matter in my defense Georgia I did file a response and this matter was not included.
Expert:  Lucy, Esq. replied 1 year ago.

Has the judge ordered you to introduce pretrial memos, witness lists, exhibit lists, or things like that?

Expert:  Lucy, Esq. replied 1 year ago.

Essentially, the first thing the judge is going to look at is whether the matter you're seeking to introduce is relevant to the issues being disputed in the lawsuit. If they are, then the judge will look at whether you were required to disclose the matter and if so, if you did. In Small Claims Court, there is very little discovery and typically no pretrial memos. In Superior Court, if you had to submit pretrial memos or exhibit lists, then the judge could refuse to allow the evidence for failure to disclose.

Some courts also have mandatory disclosure requirements that must be met, but Small Claims usually doesn't if that's where you are.

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