Ask a Lawyer and Get Answers to Your Legal Questions
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.
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!
Do you need any clarification concerning this issue, or is everything satisfactory at this point?