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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32364
Experience:  Began practicing law in 1992
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I was sued million dollars in civil court of contract and

Customer Question

I was sued for a million dollars in civil court for breach of contract and libel for leaving a phony unlicensed contractor a negative review. The judge awarded the "contractor" $5,000 to get him out of the court system. The trial ended on September 6th. He filed a tentative ruling on November 21st, after a 3 year ordeal in which the guy represented himself. On Nov 24, the contractor filed his "Plaintiffs Objections to the Tentative Ruling". I now have a hearing on February 19th. Can either party submit new evidence at this point?
Submitted: 10 months ago.
Category: Legal
Expert:  Abelardo Arias replied 10 months ago.

Greetings. What State are you in? Did you have any attorney representation in the case?

Customer: replied 10 months ago.
California. Of course. I just didn't want to bother him with a question! My guess is that new evidence cannot be submitted without filing a motion, but I wanted to check.
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

The way your question is phrased is a little tricky. To "submit evidence" all a party has to do is file it with the clerk and a judge may never know about it. However, to have the judge consider the evidence which was filed would require a motion.

Therefore the answer is no, a party can't submit new evidence and have it considered without filing a motion. This then enables the other party to respond to the evidence and then submit their own, countering evidence if they choose to do so.

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