Can Evidence be Submitted After Discovery?

paulsakalas — Mon, 06 Jan 2020 23:52:30 GMT

Current Revision posted to FAQ by paulsakalas on 1/6/2020 6:52:30 PM

Yes, evidence can be submitted after discovery. That’s to allow for evidence that would have been impossible to reveal (with reasonable diligence) during the original discovery period. Evidence can be submitted with or without approval from the opposing party, but it is possible that the opposing party may argue that any submission of additional evidence may be cause for a new trial.

But “yes” is the short answer. The long answer is a far more nuanced “maybe” and is largely dependent on the particulars of each case. Remember that there are stringent guidelines for permissible evidence and factors like your judge, opposing party and jurisdiction may play a role in determining if your evidence is admitted after the discovery period.

Tags: Litigation, FAQ, Discovery