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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The court ordered me to provide my exhibits two weeks prior

Customer Question

The court ordered me to provide my exhibits two weeks prior to the hearing. I would like not to provide every exhibit I have, since I would like first to cross examine my opponent and introduce those unlisted exhibits only if her testimony contradicts them. What are the chances judge allows me to introduce unlisted exhibits on the grounds that they substantiate my point that my opposition is not telling truth, which I could not anticipate?

Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Can I during the hearing introduce not prior listed exhibits, on the grounds that I have not anticipated these exhibits, expecting my opposition to testify truthfully, but since she is not, and I have document not in exhibit list, I would like to submit that document as an exhibit to show court that my opposition is not telling truth?

The answer is no, you cannot. Each party must forward whatever exhibits they plan to utilize at trial to the opposing party prior to trial. If the exhibit was not forwarded but is attempted to be produced, then it may be denied entry, or, the Court may call a recess/continuance to allow the other party to examine the exhibit.

Unlike many television dramas, there are few "gotcha" moments in Court. Cases are built on a "brick by brick" argument. Even though I see what you are attempting to do here, I am sorry to say that the rules are that both parties lay bare their exhibits prior to Court to avoid unfair surprise.

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