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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A defendant claims that he has supplied a piece of evidence

Customer Question

A defendant claims that he has supplied a piece of evidence requested by plaintiff and that he gave the evidence to his attorneys.
The evidence never was given to plaintiff, yet defendant still claims that he gave it to his attorneys.
Can the judge ask the attorneys if the defendant supplied the evidence?
How would a plaintiff ask the judge to require an answer from the attorneys?
Is there a Rule that permits questions to an attorney during a trial?
Do the ABA Model Rules of Professional Conduct speak to this issue in Rule 3.7(a)(2)?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

When this happens, a motion to compel must be filed in court, since the parties cannot agree on a discovery matter. In court, the plaintiff would present their argument that they never received it and the court would seek actual evidence from the defendant that they provided it. What typically ends up happening is that the court will order them to produce it again to the plaintiff.

You need to resolve this before trial by a motion to compel, do not wait until trial because it will be too late.

This happens all of the time where sometimes a party believes they did submit a piece of evidence in discovery and it slipped through the cracks, but the motion to compel is the proper way to resolve it before trial if the defendant will not send another copy.

Customer: replied 1 year ago.
One last question. If I were to file a civil suit against three separate individuals, involved in the same matter, what I need to file them individually or could I file them as a group?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You have to file against them as a group, since they were all involved in the same incident. You cannot file separate suits, if you do the court would be forced to consolidate them altogether.