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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33938
Experience:  Began practicing law in 1992
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This is a legal question. My case was remanded back to a district

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This is a legal question. My case was remanded back to a district court for trial.
I noticed in the exhibits that some of them were missing. I want to introduce the evidence again. Also I want to amend the pleading as some of the causes are irrelevant. What types of motions do I file?

JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : Was it remanded for a whole new trial?
Customer: district had granted them ( 2 defendants) summary judgement on 6 causes
Customer: They reversed 3 of them, fraud, malice and intentional infliction of emotional distress. One of the defendats was not reversed so I am assuming they are out of the case?
JD 1992 : I'm not understanding what you mean by "some exhibits are missing". Can you explain?
JD 1992 : Yes, that defendant wouldn't be in the case anylonger.
Customer: The judge still includes them in motions and orders? like today? do
Customer: do I need to make a motion to dismiss them?
JD 1992 : No, the defendant that didn't get reversed shouldn't be in the case for anything. No need to move to dismiss them since the summary judgment did that.
Customer: In my exhibits there was #44 the buy sell agreement. However I noticed in the case files at
Customer: the supreme court that it wasnt there.
JD 1992 : Are you talking about the file that was actually at the court of appeals?
Customer: yes. they had the whole case file
JD 1992 : If it was admitted it should have been there. When did you look at the actual case file?
Customer: There was an interim law firm that had ll the exhibits scanned and put on a thumb drive.
Customer: I waa able to get this drive and look at it and print it out. The buy sell was missing
JD 1992 : So it wasn't there in a digital version? Did they have a physical copy as well?
Customer: I dont know. I have no way of knowing. It should have been #44
JD 1992 : Also, were you representing yourself?
Customer: I also have other evidence I want to admit
JD 1992 : Are you talking about admitting evidence at trial?
Customer: I was before the appeal, then a lawfirm filed the appeal
Customer: Exhibits. along with the buy sell, I have found some new documents
JD 1992 : Admitting exhibits at trial?
JD 1992 : As opposed to a motion?
Customer: yes
JD 1992 : What happened in the summary judgment as far as exhibits has nothing to do with what you admit into evidence at trial. You have to reintroduce everything plus anything new.
Customer: yes I need t get new exhibits in and also re- introduce some of the old ones
Customer: ok- so I have to reintroduce all of the exhibits, how do I do that
JD 1992 : You offer them into evidence at trial. How you do it depends on what type of evidence it is. You need to carefully study the Rules of Evidence for your state.
Customer: So even evidence that they initially entered which is beneficial to me has to be reintroduced?
JD 1992 : You introduce them (or offer them) usually through a witness. However, some judges will allow you to "pre-admit" exhibits before the trial actually starts because it saves time and makes the trial flow smoothly.
JD 1992 : Yes, admitting evidence in a summary judgment is different than introducing evidence in a trial.
Customer: Ok. what about amending the pleadings? so much of it is irrelevant because
Customer: it refers to the defendant that is no longer part of the case
JD 1992 : You can certainly amend your pleadings.
Customer: and I could attach the exhibits then? just to get them in?
JD 1992 : No, attaching them to the amended petition doesn't admit them into evidence for the trial.
Customer: I am concerned they will try and suppress the most important evidence whis
Customer: is email, and inter office memos they introduced which are now turning out to be on my side.
JD 1992 : You MUST be familiar with the rules of evidence to get these admitted.
Customer: Sounds like I need to rely on a lawyer.
JD 1992 : You probably need a lawyer there with you if the evidence isn't pre-admitted.
JD 1992 : They may very well try to suppress evidence that isn't favorable to them.
Customer: Well is all the evidence that is in the case now pre admitted?
JD 1992 : No, it hasn't been admitted yet for trial purposes.
JD 1992 : Admitting things for any purpose before trial is not the same as admitting it for trial.
Customer: Does that happen at the trial? I have been in a trial before and experienced the arguments over admitting evidence and testimony.
JD 1992 : Yes it happens at trial.
Customer: OK. I get it. So for the pre trial motion the judge is requesting,when we list our exhibits and witnesses, that is just speculation so to speak?
JD 1992 : If you aren't very familiar with the rules of evidence, objections, and the rules of civil procedure then you need to have a lawyer represent you because you won't be able to get your evidence admitted and they will be able to admit anything they want, even if it is not really admissible.
Customer: I am speaking with and looking for an attorney. But in the meantime I have to keep moving along
JD 1992 : I understand. What state are you in?
Customer: The lawsuit is in Montana but I no longer live there.
JD 1992 : The Rules of Evidence for Montana are at
JD 1992 : There is an intro book on MT evidence at
JD 1992 : The intro book is put out by the MT courts
Customer: ok thanks! I have a paralegal helping too.
JD 1992 : That will help.
Customer: yes thank you. I am sure you will hear from me again.
JD 1992 : For each piece of evidence you want to admit go through those rules and write down what rules says it is admissible.
JD 1992 : Great! If you need me in the future just start the question with FOR JD 1992 and i will pick up as soon as I see it. I am online at least a few minutes almost every day.
Customer: ok great. thanks a lot!
JD 1992 : Best wishes to you.
JD 1992 : Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up. However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.
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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line and I will pick up as soon as I see it.